AirVenture ATC Fees

In July’s issue, I discussed the FAA’s demand that the Experimental Aircraft Association (EAA) cover controllers’ travel, per diem and overtime costs to provide ATC services at this year’s AirVenture fly-in. Subsequently, the EAA agreed to pay the agency some $447,000. (Full disclosure: EAA compensates me to work as a freelancer on the show’s daily newspaper during AirVenture.) There are a lot of opinions on this topic, ranging from, “They can have ATC fees when they pry them from my cold, dead hands,” to the more thoughtful one on the opposite page.

Key Takeaways:

• The FAA demanded, and the Experimental Aircraft Association (EAA) reluctantly paid, $447,000 for air traffic control services at AirVenture, a charge the author deems unprecedented and embarrassing.
• The author criticizes the FAA's conduct, noting the sudden demand after decades of free service, and argues it contradicts congressional intent to ensure adequate ATC services without user fees.
• The EAA is legally challenging the fees, asserting they are procedurally improper and substantively unlawful due to recent legislation prohibiting user fees for ATC and the FAA's failure to follow administrative rulemaking.
• The core issue highlighted is the FAA's apparent defiance of Congress by levying user fees for ATC services, which Congress has repeatedly told it not to do.

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