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Economic Regulation - IATA

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06 - <strong>Economic</strong> <strong>Regulation</strong> 41<br />

NORTH AMERICA<br />

United States of America<br />

This chapter discusses the experience, so far, of<br />

independent economic regulation of airports and ANSPs,<br />

focusing on North America, Australasia and Europe 19 . It<br />

examines the different systems that have been put in<br />

place and assesses the advantages and disadvantages<br />

of each one. The different approaches reflect different<br />

circumstances and objectives for individual airports and<br />

ANSPs, but also highlight the problem of regulatory<br />

inconsistency in some countries.<br />

The experience of each highlights the advantages and<br />

challenges of regulation, along with the ongoing need for<br />

improvement and flexibility in regulatory structures.<br />

The US is the largest aviation market in the world but has<br />

seen little change in terms of the ownership structure and<br />

regulation of airports since they were first established.<br />

The vast majority of US airports are publicly-owned, while<br />

air traffic control is provided through the Federal Aviation<br />

Administration (FAA) and funded through a specific and<br />

separate passenger charge.<br />

US airports enter into legally binding contracts with airline<br />

users that detail the calculation and conditions of charges.<br />

At many airports, airlines will lease or own terminal<br />

facilities on an exclusive or joint-use basis. US airports<br />

source finance from commercial bonds, passenger facility<br />

charges and the Airport Improvement Fund, with the<br />

latter provided through the FAA and financed by general<br />

charges on airport users. This system provides a degree<br />

of longer-term certainty in terms of revenues for airports<br />

and user charges for airlines.<br />

Consequently, US airports essentially operate under a<br />

cost-plus, rate-of-return system, implemented through<br />

two main approaches:<br />

Residual approach<br />

(e.g. used at Los Angeles International, San<br />

Francisco, Dallas Fort Worth, Miami).<br />

Airlines are responsible for paying the net operational<br />

costs of the airport after taking account of any commercial<br />

and non-airline sources of revenue (i.e. a cost-plus and<br />

single-till system). Under this approach airlines assume a<br />

large amount of operational risk at the airport, providing<br />

a guarantee that overall charges will be set so as to<br />

guarantee that the airport will break-even.<br />

Compensatory approach<br />

(e.g. used at Chicago O’Hare, New York JFK).<br />

Each airline pays agreed charges to the airport on the<br />

basis only of the cost of services associated with the<br />

facilities they use (i.e. a cost-plus and dual-till system).<br />

Under this approach, the overall airport operational risk<br />

remains with the airport operator.<br />

However, regardless of which approach is adopted, the<br />

cost-plus nature of the system contains few incentives<br />

for an airport to improve efficiency or to increase<br />

revenues from non-aeronautical sources. There is no<br />

clear incentive to minimise costs, as it simply reduces<br />

19<br />

Detailed accounts of many of the examples in this chapter are available from Forsyth, P, et al (2004), “The <strong>Economic</strong> <strong>Regulation</strong> of Airports”,<br />

Ashgate Publishing.

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