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Model Minimum Standards
for Fixed Base Operators (FBO)
The attached “Model of Minimum Standards for Fixed Base Operators (FBO)” has been prepared to assist owners of public use airports in developing standards for the providers of airport services. This is a guideline only. The local situation will dictate if additional or fewer standards will be applicable.
The owner of a public use airport which has a grant or loan obligations with either the Federal Aviation Administration (FAA) or the State of Texas or has deed obligations under the Surplus Property Act is required to make that airport available to all qualified users and providers without an unjust bias or discrimination. These obligations also prohibit the airport owner from granting an exclusive right to offer services or products. However, the airport owner may retain the exclusive right to perform any of the functions of an FBO providing this is done with its own employees and resources. A third party may not be designated as the agent of the airport owner to satisfy this exemption.
If an airport owner elects not to retain the exclusive right to provide services and there is a “need” for additional FBO services or positions, the airport owner may not routinely deny an application without sufficient justification. “Need” would be established if a proponent requests approval for an additional FBO business and is willing and able to accomplish such request. No other justification for “need” is required. This establishment of need would require the airport owner to allow all qualified persons the opportunity to bid on the subsequent FBO position. No qualified bidder, including the incumbent FBO, should be excluded from participating. If all suitable facilities are currently under lease and being actively used by the incumbent FBO, subsequent requests may be denied on the grounds of insufficient space. The airport owner would not be required to void or alter existing contracts to provide space or other provisions. The incumbent FBO should not be required to relinquish leased space or hangars which are actively used in his business and likewise, should not be able to hold unused space or hangars, even if included in his lease, solely for the purpose of denying a subsequent FBO sufficient space to set up operation.
　
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