PRINTER'S NO. 958
No. 808 Session of 2003
INTRODUCED BY FUMO, ORIE, WAGNER, RAFFERTY, LOGAN, EARLL,
KASUNIC, TARTAGLIONE, HUGHES, KITCHEN, BOSCOLA, MUSTO AND
C. WILLIAMS, JUNE 10, 2003
REFERRED TO TRANSPORTATION, JUNE 10, 2003
AN ACT
1 Amending Title 74 (Transportation) of the Pennsylvania
2 Consolidated Statutes, providing for use of airport
3 facilities; and prescribing penalties.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Chapter 59 of Title 74 of the Pennsylvania
7 Consolidated Statutes is amended by adding a subchapter to read:
8 SUBCHAPTER C
9 USE OF AIRPORT FACILITIES
10 Sec.
11 5931. Access to airports and gates.
12 5932. Monopolization of passenger air carrier service.
13 5933. Penalties.
14 5934. Mediation of disputes.
15 § 5931. Access to airports and gates.
16 (a) General rule.--No person providing or intending to
17 provide aeronautical services to the public has the exclusive
18 right to the use of any public airport, or any part thereof, in
1 this Commonwealth.
2 (b) Allocation of access.--Every public airport in this
3 Commonwealth is available for public use on fair and reasonable
4 terms and without unjust discrimination. No public airport shall
5 discriminate against any air carrier in the allocation of access
6 to its airport gates. Every public airport in this Commonwealth
7 shall allocate access to airport gates in a manner that will
8 enhance competition among competing air carriers and provide
9 airline travelers with choices on those routes most heavily
10 traveled to and from the public airport.
11 (c) Comparable fees, rules, etc.--Each air carrier using a
12 public airport shall be subject to:
13 (1) such nondiscriminatory and substantially comparable
14 rates, fees, rentals and other charges which are directly and
15 substantially related to providing air transportation as are
16 applicable to all air carriers which make similar use of the
17 airport and which utilize similar facilities, subject to
18 reasonable classifications as tenants or nontenants; and
19 (2) such nondiscriminatory and substantially comparable
20 rules, regulations and conditions as are applicable to all
21 air carriers which make similar use of the airport and which
22 utilize similar facilities, subject to reasonable
23 classifications as tenants or nontenants.
24 However, status as a tenant shall not be unreasonably withheld
25 by an airport if the air carrier assumes obligations
26 substantially similar to those already imposed on other carriers
27 in the same classification or status.
28 § 5932. Monopolization of passenger air carrier service.
29 (a) Monopoly.--It shall be unlawful to monopolize, attempt
30 to monopolize or combine or conspire to monopolize a part of
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1 trade or commerce in this Commonwealth involving the provisions
2 of passenger air carrier service.
3 (b) Acquisitions.--It shall be unlawful to acquire, directly
4 or indirectly, the whole or any part of the stock, or other
5 share capital, or assets of any other entity, where the effect
6 of the acquisition may be to substantially lessen competition or
7 tend to create a monopoly in a line of trade or commerce in this
8 Commonwealth involving the provision of passenger air carrier
9 service.
10 § 5933. Penalties.
11 (a) Recovery of damages.--An air carrier injured by a
12 violation of section 5931 (relating to access to airports and
13 gates) or 5932 (relating to monopolization of passenger air
14 carrier service) may recover damages in addition to reasonable
15 attorney fees and costs.
16 (b) Civil penalties.--
17 (1) Any public airport which violates section 5931 is
18 subject to a civil penalty of not less than $2,500 for each
19 day the violation continues. Actions to recover penalties
20 under this section shall be brought in the name of the
21 Commonwealth in the Commonwealth Court. The action shall be
22 commenced and prosecuted to final judgment by the Attorney
23 General. In any action, all penalties incurred up to the time
24 of commencing the action may be sued for and recovered. All
25 fines and penalties recovered by the Commonwealth in any
26 action, together with the costs thereof, shall be paid into
27 the State Treasury for deposit in the General Fund.
28 (2) Any person, partnership, corporation, association or
29 other entity who fails to comply with section 5931 or 5932
30 shall be liable for a civil penalty of not more than $50,000
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1 for each day during which the person is in violation of this
2 section.
3 (c) Divestiture.--Upon violation of section 5931 or 5932 by
4 any person, partnership, corporation, association or other
5 entity, in addition to any other remedy provided in this
6 section, the court may order the divestiture of stock or assets
7 in the manner and within the time fixed by order of the court.
8 § 5934. Mediation of disputes.
9 (a) Procedure.--If, after a reasonable period of
10 negotiation, a dispute or impasse exists over access to airport
11 gates between the representatives of the air carrier and the
12 public airport, either party may voluntarily submit to
13 mediation, but, if no agreement is reached between the parties
14 within 21 days after negotiations have commenced and mediation
15 has not been utilized by the parties, both parties shall
16 immediately in writing call upon the Secretary of Transportation
17 to find that an impasse in the negotiations has been reached.
18 Upon a finding that an impasse has been reached, the Secretary
19 of Transportation shall appoint a mediator acceptable to both
20 parties for the purpose of assisting the parties in reconciling
21 their differences and resolving the controversy on terms that
22 are mutually acceptable. The costs of mediation shall be shared
23 equally by both parties.
24 (b) Arbitration.--If the mediator fails to resolve the
25 dispute within 30 days after his appointment, the dispute shall
26 be submitted to an arbitrator acceptable to both parties
27 appointed by the Secretary of Transportation. The arbitration
28 award shall be final and binding on the parties. The costs of
29 arbitration shall be shared equally by the parties.
30 Section 2. Nothing in this act shall be deemed to affect or
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1 impair the provisions of any contract entered into prior to the
2 effective date of this act.
3 Section 3. This act shall take effect immediately.
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