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09/30/2009 5190.6B Page 12-11 the capital and operating costs of the airport should be reflected in the access fee assessed the “through-the-fence” operator, including periodic adjustments. In addition, if the “through-the- fence” operator is granted the right to conduct a commercial business catering to aeronautical users either on or off the airport, the sponsor shall assess, at a minimum, the same concession terms and fees to the “through-the-fence” operator as assessed to all similarly situated on-airport commercial operators. As previously stated, the FAA does not support granting “through-the- fence” access to aeronautical commercial operators that compete with on-airport operators. (g). The access agreement should contain termination and insurance articles to benefit the sponsor. (h). The expiration date of the access agreement should not extend beyond a reasonable period from the sponsor’s perspective. It should not depend upon the full depreciation of the “through- the-fence” operator’s off-airport investment (i.e., 30 years), as would be the case had the investment been made inside the airport. In any case, it should not exceed the appraised useful life of the off-airport facilities. Should the access agreement be renegotiated at its expiration, the new access fee should reflect an economic rent for the depreciated off-airport aeronautical facilities (i.e., hangar, ramp, etc.) comparable to what would be charged by the sponsor for similar on-airport facilities. That is, when on-airport facilities are fully amortized and title now vests with the airport instead of the tenant, the airport may charge higher economic rent for the lease of its facility. The access fee for a depreciated off-airport facility should be adjusted in a similar fashion notwithstanding that title still vests with the off-airport operator. However, there is no limitation on what the airport sponsor may charge for “through-the-fence” access. h. Access Not Permitted. No exception will be made to permit “through-the-fence” access for certain purposes. (1). The FAA will not approve any “through-the-fence” access for residential airpark purposes since that use is an incompatible land use. Refer to chapter 20 of this Order, Compatible Land Use and Airspace Protection, for additional details concerning the FAA’s position on residential airparks. (2). The FAA will not approve a release of airport land for “through-the-fence” access to the airport by aircraft. Airport land may only be released if the land no longer has an airport purpose; if the land would be used for the parking and operation of aircraft, it would not qualify for a release. A release of airport land for an aeronautical use would simply serve to reduce the sponsor’s control over the use and its ability to recover airport costs from the user. 12.8. through 12.12. reserved.