Centennial Express Airlines v. Arapahoe Co. Public Airport Auth.

Director's Determination (concluded)


[Attachment]

CENTENNIAL EXPRESS AIRLINES and GOLDEN EAGLE CHARTERS d/b/a CENTENNIAL EXPRESS AIRLINES
v.
ARAPAHOE COUNTY PUBLIC AIRPORT AUTHORITY

FORMAL COMPLAINT No. 16-98-05

INDEX OF ADMINISTRATIVE RECORD

(Includes exhibits from Docket Nos. 13-94-25 and 13-95-03)


The following documents (Items) constitute the administrative record in this proceeding:

  Item 1 - FAA Form 5010, dated 1/15/96 for Centennial Airport;
  Item 2 - Centennial/Arapahoe County AIP Grant History, dated 4/24/97, listing the 
federal airport improvement assistance provided to the airport sponsor since 1983;
  Item 3 - Formal Complaint, Docket No. 16-98-05, dated 2/23/98, by Centennial 
Express Airlines (CEA) against the Arapahoe County Public Airport Authority, 
including Exhibits A-I and attachments:
    . Attachment A - Colorado Court of Appeals, Arapahoe County Public Airport 
Authority v. Centennial Express Airlines, December 12, 1996
    . Attachment B - Arapahoe County Public Airport Authority Airport Bond and 
Revenue Anticipation Notes, Series 1984, December 1, 1984
    . Attachment C - Centennial Express Airlines v. Arapahoe County, Formal 
Compliant No. 13-95-03
    . Exhibit A -- Copy of Air Carrier Certificate
    . Exhibit B -- Copy of FAA Definition Related to General Aviation and Air 
Carrier
    . Exhibit C -- Contains the Rocky Mountain News, Article Dated 1-19-95
    . Exhibit D -- Copy of Letter from ACPAA Offering to Support CEA's 121 
Operation
    . Exhibit E - Several news articles and letters stating that the ACPAA was 
considering scheduled service, both 121 and 135. Includes Minutes of the ACPAA 
Board Meeting, December 10, 1992
    . Exhibit F -- Copy of Grand Junction Airport Letter and Supporting Data 
including Answer of the ACPAA to CEA's Part 13 Complaint (13-95-03)
    . Exhibit G - Copy of Colorado DOT Letter, August 31, 1993, also, corrected 
copy of Minutes of the ACPAA Board Meeting on 12/10/92
    . Exhibit H - Copy of Brief filed with Colorado Court of Appeals
  Item 3-A Notice, dated 3/16/98, indicating docketing of 16-98-05.
  Item 4 -- Answer of the Arapahoe County Public Airport Authority and Board of 
County Commissioners of the County of Arapahoe, Colorado, dated 4/8/98, to the 
Complaint of Centennial Express Airlines, Docket No. 16-98-05, including 
attachments at Tabs A -- H and 1 --10
    Tab A -- Permanent Injunction Order, ACPAA v. CEA, dated January 12, 1995
    Tab B -- The Court of Appeals of the State of Colorado, Order, Case number 
95CA0307
    Tab C -- ACPAA v. CEA, Case Number 95CA307, Index of Record
    Tab D -- Supreme County, State of Colorado, Case Number 97SC123, Opening Brief 
of the Arapahoe County Public Airport Authority.
    Tab E - Supreme County, State of Colorado, Case Number 97SC123, Reply Brief of 
the Arapahoe County Public Airport Authority.
    Tab F -- Answer of the ACPAA to the Complaint by Tom Kehmeier, Docket No.
13-94-25
    Tab G -- Answer of the ACPAA to Complaint No. 13-95-03
    Tab H -- Response of the ACPAA to Complaint No. 13-95-03
    Tab 1. CEA's Operating Application presented to the ACPA, dated 5/7/93.
    Tab 2. Letter to Don Crandall, Exec. Dir, Centennial Airport from John Andrews.
    Tab 3. Minutes, dated 2/16/65
    Tab 4. Resolution, dated 2/15/66, regarding construction of Centennial Airport.
    Tab 5. Article from Denver Post, dated 4/13/66.
    Tab 6. Resolution, dated 7/13/84, regarding name change of airport.
    Tab 7. Letter, dated 6/26/86, from Walter Barbo, Mgr, Denver ADO.
    Tab 8. Miscellaneous pages from examination and cross-examination of Jim 
Delong, Director of Aviation at Denver Intl. Airport. (no date on documents)
    Tab 9. Terminal Area Forecasts FY 1993-2010, FAA-APA-94-11
    Tab 10. Court of Appeals, State of Colorado, Case No. 95CA307, Answer Brief of
Arapahoe County Public Airport Authority, dated 8/21/95.
  Item 5 -- Supreme Court, State of Colorado, ACPAA v. CEA, Certiorari to the 
Colorado Court of Appeals, Judgement Reversed.
  Item 6 -- Two Hundredth Twenty Eighth Meeting of the ACPAA -- Airport Policy
Statement
  Item 7 -- CEA's Appeal to Court of Appeals, State of Colorado from Permanent 
Injunction against operations at Centennial Airport
  Item 8 -- Facsimile from John Andrews dated 4/16/98, stating intent not to reply 
to ACPAA's answer to Docket No. 16-98-05
  Item 8-A -- Rebuttal of the ACPAA, dated 4/29/98, consisted exclusively of the 
Opinion of the Colorado Supreme Court in Case No. 97-SC-123 entered on April 13, 
1998, reversing the Colorado Court of Appeals.

PART 13 Docket Items:

  Item 9 - Formal Complaint No. 13-94-25, dated 8/7/94, filed by Thomas Kehmeier 
against the Arapahoe County Public Airport Authority, in accordance with the FAA 
Investigative and Enforcement Procedures (14 CFR Section 13.5).
  Item 9A -- Letter dated 12/23/94 from FAA serving complaint on ACPAA.
  Item 9B -- Letter dated 12/23/95 from FAA to Thomas Kehmeier acknowledging 
receipt of complaint.
  Item 9C -- Record of telephone call dated 1/6/95, between John Andrews, Mark 
Pottinger, Nancy Van Ness et al. Regarding status of permanent injunction hearing.
  Item 9D -- Letter dated 1/9/95, from law office of Brega & Winters  (representing
ACPAA) requesting extension of time to file an answer to Docket No. 13-94-25.
  Item 10 - Answer, dated 2/1/95, of the Arapahoe County Public Airport Authority 
to the complaint by Mr. Thomas Kehmeier.
  Item 10A -- Letter, dated 2/23/95, from National Business Aircraft Association 
regarding CEA's complaint and voicing support, to FAA, Office of the Chief Counsel.
  Item 11 - Formal Complaint No. 13-95-03, (with Exhibits A - F) dated 1/23/95, 
filed by Centennial Express Airlines and Golden Eagle Charters d/b/a Centennial 
Express Airlines against the Arapahoe County Public Airport Authority, in 
accordance with the FAA Investigative and Enforcement Procedures (14 CFR Section 
13.5).
  Item 11A -- Letter dated 3/795, to John Andrews, acknowledging receipt of formal
complaint.
  Item 11B -- Letter dated 3/7/95, to ACPAA, serving copy of formal complaint.
  Item 11C -- Letter dated 3/10/95, to Kathleen Connon, FAA Office of the Chief 
Counsel, from ACPAA, regarding missing documents from service letter of 3/7/95.
  Item 11D -- Letter, dated 3/28/95, from FAA to ACPAA, serving complaint No. 13-
95-03.
  Item 12 - Answer, dated 4/24/95, of the Arapahoe County Public Airport Authority 
to the Centennial Express Airlines, Inc. complaint with general information 
attachments.
  Item 12A -- Letter, dated 6/19/95, to Ronald Loser, Brega & Winters, informing of 
FAA's consolidation of formal complaints Nos. 13-94-25 and 13-95- 03.
  Item 12B -- Letter, dated 7/6/95, to Thomas Kehmeier, from FAA, serving ACPAA's
Answer to complaint No. 13-94-25.
  Item 13 - Reply from Centennial Express Airlines, Inc., with Exhibits A - H, 
dated 7/31/95, to the Answer of the Arapahoe County Public Airport Authority.
  Item 13A -- Motion to Strike of The Arapahoe County Public Airport Authority, 
dated 8/15/95, moves to strike the July 31, 1995 letter of CEA which purports to 
reply to the April 24, 1995 Answer of the Authority to the CEA's complaint, No. 13-
95-03.
  Item 13B -- Letter, dated 8/25/95, from FAA to ACPAA, serving Rebuttal by CEA to
April 24, 1995 Answer by ACPAA.
  Item 14 - Response of the Arapahoe County Public Airport Authority, dated 
9/21/95, to the Response from Centennial Express Airlines, Inc., including 
attachments at Tabs 1 -10
    Tab 1. CEA's Operating Application presented to the ACPA, dated 5/7/93.
    Tab 2. Letter to Don Crandall, Exec. Dir, Centennial Airport from John Andrews.
    Tab 3. Minutes, dated 2/16/65
    Tab 4. Resolution, dated 2/15/66, regarding construction of Centennial Airport.
    Tab 5. Article from Denver Post, dated 4/13/66.
    Tab 6. Resolution, dated 7/13/84, regarding name change of airport.
    Tab 7. Letter, dated 6/26/86, from Walter Barbo, Mgr, Denver ADO.
    Tab 8. Miscellaneous pages from examination and cross-examination of Jim 
Delong, Director of Aviation at Denver Intl. Airport. (no date on documents)
    Tab 9. Terminal Area Forecasts FY 1993-2010, FAA-APA-94-11
    Tab 10. Court of Appeals, State of Colorado, Case No. 95CA307, Answer Brief 
Appellee Arapahoe County Public Airport Authority, dated 8/21/95.
  Item 15 -- Memorandum dated 10/26/95, Mgr. Airports Law Branch, FAA, to Mgr.
AAS-300, transmitting Dockets no. 13-95-03 and 13-94-25 for review and 
investigation.
  Item 16 -- Proposed Policy Encouraging Metropolitan Planning Organizations and 
Airport Operators to Cooperate in Transportation Planning, dated 1/28/97, Federal 
Register, Volume 62, Number 18.

Correspondence:

  C-1 - Letter, dated 12/12/91, from John Andrews, President, Centennial Express 
Airlines to Executive Director, Ed Ryan, (Arapahoe County Public Airport 
Authority), with attached Resolution dated April 8, 1993.
  C-2 - Letter, dated 12/15/92, from Elaine T. Valente, Chairman, Board of County 
(Adams) Commissioners and Ed Lappart, Acting Chairman, Adams County Airport
Authority to Wellington Webb, Mayor of Denver, regarding intergovernmental 
agreement.
  C-3 - Letter, dated 3/8/93, from Harold Kite, Board of Adams County 
Commissioners, to Wellington Webb, Mayor of Denver, rescinding intergovernmental 
agreement.
  C-4 - Letter, dated 7/20/93, from Quentin Taylor, Acting Assistant Administrator 
for Airports to Steven Parsons.
  C-5 - Letter, dated 7/21/93, from Jennie Jolly, Chairman, Arapahoe County Public 
Airport Authority, to Patrick Murphy, Deputy Asst. Secretary Policy and Program 
Development, DOT. Exhibits include:
    Congressional letter, dated 6/28/93 regarding concerns of the ACPAA
    Centennial Aerogram, dated 5/1/92
    Centennial Airport Policy Statement, dated 3/12/92
    Letter, dated 10/17/91 from Jeannie Jolly, Chairman, ACPAA to G. Mayo
    Letter, dated 10/3/90 from Harold Patton, Jr, Chairman, ACPAA to G. Mayo
    Centennial Aerogram, dated 10/3/89, regarding adoption of airport policy 
Statement
    ACPAA information on airport bond and revenue anticipation notes, 12/13/84
  C-6 - Letter, dated 8/27/93, from Brownstein, Hyatt, Farber & Strickland, P.C., 
to Patrick Murphy. Exhibits include:
    Centennial Aerogram, dated 2/20/89, discussing scheduled air carriers 
Advertisement, circa 1989, discussing Centennial Airport
    Centennial Aerogram, dated 10/3/89
    Centennial Aerogram, dated 5/1/92
    ACPAA information on airport bond and revenue anticipation notes, 12/13/84
  C-7 - Letter, dated 10/22/93, from Mark Gerchick, Chief Counsel/DOT, to James 
DeLong, Director of Aviation, City and County of Denver, Stapleton International 
Airport.
  C-8 - Letter, dated 1/13/94, from Patrick Murphy, to Carrie Mineart, Attorney at 
Law, Brownstein, Hyatt, Farber & Strickland, P.C.
  C-9 - Letter, dated 2/25/94, from John W. Andrews to James Whitlow, Office of the 
Chief Counsel, FAA.
  C-10 - Press Release, dated 12/20/94 "Centennial Express Begins Scheduled 
Flights"
  C-11 - Letter, dated 12/23/94, to Jeannie Jolly, from Frank B. Kruesi.
  C-12 - Letter, dated August 17, 1994, from Frank W. Haskett to FAA, Denver 
Airports District Office and FAA, Office of the Chief Counsel, providing comments 
on Docket No. 13-94-25.
  C-13 -- Letter, dated 2/8/95, from National Air Transportation Association 
regarding CEA's complaint and voicing support, to FAA, Office of the Chief Counsel.