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09/30/2009 5190.6B Page 12-8 public use on reasonable terms and without unjust discrimination to all types, kinds, and classes of aeronautical activities without granting an exclusive right does not impose any requirement to permit access by aircraft from adjacent property. In fact, the airport sponsor may simply deny “through-the-fence” access if it so chooses. The airport may also charge any fee it sees fit to those outside the airport. Since federal obligations do not require that access be granted under these circumstances, the FAA will not normally entertain complaints from entities operating from adjacent property with a “through-the-fence” access agreement. The FAA should not support or agree to requests to enter into any agreement that grants access to the airfield for the establishment of a residential airpark since this would raise a compliance issue under Grant Assurance 21, Compatible Land Use. The FAA will not support any agreement that grants access to a public airfield by aircraft stored and serviced on adjacent nonairport property, and strongly recommends that airport owners and aeronautical users refrain from entering into such an agreement. A “through-the-fence” access agreement may result in the violation of a number of the sponsor’s federal obligations. Among other things, “through-the-fence” agreements can have the effect of: (1). Placing contractual and legal encumbrances or conditions upon the airport property, in violation of Grant Assurance 5, Preserving Rights and Powers; (2). Limiting the airport’s ability to ensure safe operations in both movement and non-movement areas, in violation of Grant Assurance 19, Operation and Maintenance; (3). Creating unjustly discriminatory conditions for on- airport commercial tenants and other users by granting access to off-airport competitors or users in violation of Grant Assurance 22, Economic Nondiscrimination; (4). Effectively granting an exclusive right to the “though-the- fence” operator in violation of Grant Assurance 23, Exclusive Rights, if the operator conducts a commercial business and no on- airport operator is able to compete because the terms given to the If an airport sponsor chooses to grant “through-the-fenc” access, it must ensure that its decision will not result in a violation of its federal obligations, either now or in the future. It has been the FAA’s experience that airport sponsors are often unable to correct violations of the grant assurances that result from “through-the- fence” operations. The existence of a gate, as shown here, does not, per se, mitigate the FAA’s concerns regarding “through-the- fence” agreements. (Photo: FAA)