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<br />official representative of the applicant to act in connection with the application and to provide such
<br />additional information as may be required.
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<br />5. Good Title to Airport. It holds good title, satisfactory to the Secretary, to the landing area of the
<br />airport or site therefor, or vill give assurance satisfactory to the Secretary that good title will be
<br />acquired.
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<br />6. Consideration of Local Interest. It has given fair consideration to the interest of communities in or near
<br />which the project may be located.
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<br />7. Public HearinKs. In projects involving the location of an airport, an airport runway, or a major runway.
<br />extension, it has afforded the opportunity for publiC hearings for the purpose of considering the economic,
<br />social, and environmental effects of the airport or runvay location and its consistency with the goals and
<br />objectives of such planning as has been carried out by the community and shall, vhen requested by the
<br />Secretary, submit a copy of the transcript to the Secretary.
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<br />8. Air and Water Quality Standards. In projects involving airport location, a major runvay extension. or runway
<br />location, it vill proVide for the Governor of the state in vhich the project is located to certify in writing
<br />to the Secretary that the project vill be located, designed, constructed, and operated so as to comply with
<br />applicable air and vater quality standards. In any case vhere such standards have not been approved and
<br />where applicable air and vater quality standards have been promulgated by the Administrator of the
<br />Environmental Protection Agency, oertification shall be obtained from such Administrator. Notice of
<br />certification or refusal to certify shall be provided within sixty (60) days after the project application
<br />has been received by the Secretary.
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<br />9. Economic Nondiscrimination. It vill make its airport available as an airport for public use on fair and
<br />reasonable terms and vithout unjust discrimination to all types, kinds, and classes of aeronautical uses
<br />including the requirement that (A) each air carrier using such airport (whether as a tenant, nontenant, or
<br />subtenant of another air carrier. tenant) shall be subject to such nondiscriminatory and substantially
<br />comparable rates, fees, rentals, and other charges and such nondiscriminatory and substantially comparable
<br />rules, regulations, and conditions as are applioable to all such air carriers which make similar use of such,
<br />airport and which utilize similar facilities, subject to reasonable olassifications such as tenants or
<br />nontenants, and combined passenger an~ cargo flights or all cargo flights, and such classification or status
<br />as tenant shall not be unreasonably Vithhe~d by any airport proVided an air carrier assumes obligations
<br />substantially simil.r to tbose already imposed on tenant air carriers, and (8) each fixed-base operator at
<br />any airport shall be subject to the same rates, fees, rentals, and other charges as are uniformly applicable
<br />to all other fixed-base operators making the same or similar uses of such airport utilizing the same or
<br />similar facilities, and (e) each air carrier using such airport shall have the right to s~rvice itself or to
<br />use any fixed-base operator that is authorized by tbe airport or permitted by the airport to serve any air
<br />carrier at such airport, and (D) tbat in any agreement, contract, lease or other arrangement under which a
<br />right or priVilege at the airport is granted to any person, firm, or corporation to conduct or engage in any
<br />aeronautical activity for furnishing services to the public at the airport, the sponsor will insert and
<br />enforce provisions reqUiring the contractor--
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<br />(1) to furnish said services on a fair, equal, and not unjustly discriminatory basis to all users thereOf,
<br />and '
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<br />(2) to charge fair, reasonable, and not unjustly discriminatory prices for each unit or service; provided.
<br />that the contractor may be allowed to make reasonable and nondiscriminatory discounts, rebates. or other
<br />similar types of price reductions to volume purchasers.
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<br />(E) that it will not e~ercise or grant any right or privilege WhiCh operates to prevent any person, firm, or
<br />corporation operating aircraft on the airport from performing any services on its own aircraft with its own
<br />employees (including, but not limited to maintenance and repair) that it may choose to perform, and (F) in
<br />the event the sponsor itself exercises any of the rights and privileges referred to in this assurance, the
<br />services involved vill be provided on the same conditions as vould apply to the furniShing of such services
<br />by contractors or concessionaires of the sponsor under these provisions.
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<br />Provide~, that the sponsor may establish such fair, equal, and not unjustly discriminatory conditions to be
<br />met by all users of the airport as ..y be neoessary for the safe and efficient operation of the airport; and
<br />provided further, that the sponaor may proh~bit or limit any given type, kind, or class of aeronautical use
<br />of the airport or neoessary to service the ~iv1l aviation needs of the public.
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<br />10. Exclusive Rights. It vill permit no exolusive rigbt tor the use of the airport by any persons proViding, or
<br />intending to prOvide, aeronautioal services to the publio. For pu'rposes of this paragrapb, the providing of
<br />services at an airport by a siQ8le t1xed-base operator shall not be construed as an exclusive right if both
<br />of the follOWing apply: (1) it would be uareaaonably oostly, burdensome, or impractical for more than one
<br />fixed-base operator to provide suob services; and (2) it allOWing more than one tixed-base operator to
<br />provide such services vould require tbe reduction ot space leased pursuant to an existing agreement betveen
<br />such single tixed-base operator and auch airport.
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<br />It turther agrees tbat it vill Dot, either direotly or iDdi~otly, graat or permit any person, firm, or
<br />corporation the excluaiye riSbt at tbe airport, or at aay other airport nov oVDed or controlled by it, to
<br />conduct any aeronautical aotivities, inoluding but not limited to oharter tlights, pilot training, aircraft
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