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Master of disguise 

Utah airport hiding behind master plan

Utah’s Heber Valley Airport will likely remain AOPA’s most complained-about location after the city’s latest actions continue to thwart competition on the field. AOPA is challenging the city’s excuses.

An aircraft taxis from the Heber Valley Airport ramp in Heber City, Utah. Photo by George Frey.

For nearly two years, Heber’s sole fixed-base operator, OK3 AIR, has been at the center of controversy following complaints from pilots and based operators who have incurred egregious fees at the airport. With support from AOPA, Heber officials voted to revise the airport minimum standards in 2017 and even issued a request for proposals for a second FBO. While things were looking positive, the airport has since hit the brakes.

Hoping to dodge further legal battles with the incumbent FBO, OK3 AIR, the Heber City Council voted to revert to 2016 Airport Minimum Standards and suspend consideration of a new FBO and self-service fuel until completion of a new airport master plan.

Despite sharing AOPA’s concerns about fuel prices and a lack of competition on the field, Heber City Manager Matthew Brower said he believes the current situation at the airport is not conducive to updating of a master plan process, claiming more time is needed.

Apparently, the FAA’s Denver Airport District Office (ADO) had something to say about the process as well. Brower claims the FAA was supportive and encouraged passage of the two resolutions. The city also claimed that the FAA had threatened to withhold future grants from the city if the city did not update its airport master plan. There is no basis in FAA regulations for such actions, and certainly this would appear to be outside of the agency’s regulatory authority.

In an April 16 letter to Brower, AOPA General Counsel Ken Mead wrote that the city’s actions are entirely at odds with the goals of competitively priced fuel and enhanced competition at the airport.

“It is not appropriate for master plan development to serve as an excuse or mask for allowing an unlawful exclusive right enjoyed by a monopoly position FBO to continue unabated. AOPA cannot and will not support master plan development at the airport when the apparent motivating factor is to cement in place a monopoly position and provide cover for continuing violations of the grant assurances,” Mead wrote.

By reverting to the previous minimum standards, AOPA believes that the city council is giving a back seat to representing the public interest and running a public-use airport in a manner that complies with grant assurances and promotes a competitive environment for all users.

According to Mead, even the city’s own outside counsel has publicly acknowledged that OK3 AIR had a part in drafting the restored minimum standards as an attempt to maintain and enhance its monopoly position. The counsel stated that those revisions made it nearly impossible for any new FBO to compete with OK3 AIR.

AOPA believes the master planning process should proceed from a foundation that embraces competition, not one that cements a monopoly position in place. AOPA will continue to push back on the city’s decision, Mead wrote.

Amelia Walsh
Communications and Research Specialist
AOPA Comms and Research Specialist Amelia Walsh joined AOPA in 2017. Named after the famous aviatrix, she's a private pilot working on her instrument rating in a Colombia 350.

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