Page:United States Statutes at Large Volume 108 Part 1.djvu/727

 PUBLIC LAW 103-260—MAY 26, 1994 108 STAT. 701 TITLE II—AIRPORT-AIR CARRIER DISPUTES REGARDING AIRPORT FEES SEC. 201. EMERGENCY AUTHORITY TO FREEZE CERTAIN AIRPORT FEES. (a) COMPLAINT BY AIR CARRIER.— (1) FILING. —An air carrier may file prior to June 30, 1994, with the Secretary a written complaint alleging that any increased fee imposed upon such air carrier by the owner or operator of an airport is not reasonable. The air carrier shall simultaneously file with the Secretary proof that a copy of the complaint has been served on the owner or operator of the airport. (2) OPPORTUNITY TO RESPOND.— Before issuing an order under subsection (b), the Secretary shall provide the owner or operator of the airport an opportunity to respond to the filed complaint. (3) FRIVOLOUS COMPLAINT. — If the Secretary determines that a complaint is frivolous, the Secretary may refuse to accept the complsdnt for filing. (b) ORDER BY THE SECRETARY. — (1) IN GENERAL. — Except as provided by paragraph (2), the Secretary shall issue, within 7 days after the filing of a complaint in accordance with subsection (a), an order prohibiting the owner or operator of the airport from collecting the increased portion of the fee that is the subject of the complaint, unless the Secretary makes a preliminary determination that the increased fee is reasonable. Subject to subsection (d), the order shall cease to be effective on June 30, 1994. (2) LIMITATION. — The Secretary shall not issue an order under this subsection prohibiting the collection of any portion of a fee for which the Secretary's informal mediation assistance was requested on March 21, 1994. (c) OPPORTUNITY TO COMMENT AND FURNISH RELATED MATE- RIAL.— Within a period prescribed by the Secretary, the owner or operator of the airport and any affected air carrier may submit comments to the Secretary on a complaint filed under subsection (a) and furnish to the Secretary any related documents or other material. (d) ACTION ON COMPLAINT.— Based on comments and material provided under subsection (c), the Secretary may take appropriate action on the complaint, including termination or other modification of any order issued under subsection (b). (e) APPLICABILITY.—Th is section does not apply to a fee imposed pursuant to a written agreement binding on air carriers using the facilities of an airport. (f) EFFECT ON EXISTING AGREEMENTS. — Nothing in this section shall adversely affect any existing written agreement between an air carrier and the owner or operator of an airport. SEC. 202. DEFINITIONS. For purposes of this title— (1) the term "fee" means any rate, rental charge, landing fee, or other service charge for the use of airport facilities; and

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