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Page 2. <br /> Sponsor's Assurance No. 18 of FM Form 5100-100 provides that the airport <br /> will be operated "for the use and benefit of the public , on fair and <br /> reasonable terms, and without unjust discrimination. . . ." If the airport <br /> would receive less revenue and fees under an off-airport arrangement <br /> than would be received if the same amount of space were occupied and the <br /> same services performed on the airport, a basis might exist from which it <br /> could be determined that airport property was being used other than for the <br /> use and benefit of the public. If an off-airport fixed base operator <br /> (FBO) operation is granted access to the airport , the particular terms <br /> of such an arrangement may permit and support a determination that other <br /> fixed base operators are being discriminated against . An unfavorable <br /> determination regarding any of the points mentioned herein could <br /> possibly result in our finding that the sponsor has violated its airport <br /> agreement with the Federal Government . <br /> FAA' s Position: <br /> As a general principle , FAA will recommend that airport owners refrain <br /> from entering into any agreement which grants access to the public landing <br /> area by aircraft normally stored and serviced on adjacent property. Exceptions <br /> will be considered only iv the following circumstances : <br /> ( 1) Where a bona fide airport tenant has already leased a site from <br /> the airport owner and has negotiated airfield use privileges , <br /> but also desires to move aircraft to and from a hangar or manu- <br /> facturing plant on adjacent , off-airport property. In this <br /> case actual access will be gained through the area provided by <br /> the airport owner . <br /> (2) Where an individual or corporation, actually residing or doing <br /> business on an adjacent tract of land , proposed to gain access <br /> to the landing area solely for aircraft used incidental to such <br /> residence or business without offering any aeronautical services <br /> to the public , provided; that the airport owner is prepared to <br /> accommodate the normal expansion of aeronautical services to <br /> the public on publicly owned areas of the airport. 'Ibis situation <br /> is commomly encountered where an industrial airpark is developed <br /> in conjunction with the airport . <br />