United Airlines is diving into uncharted waters, alleging in a complaint with the Federal Aviation Administration that one of its biggest hub airports is charging unreasonable fees and diverting the money to other non-airport projects.
In a potentially explosive claim, United is asking the FAA to investigate the Port Authority of New York and New Jersey - operators of Newark-Liberty International Airport - for charging what it calls "exorbitant and unreasonable" departure fees at Newark. United says the fees are 75 percent higher than at John F. Kennedy International Airport, also run by the PA/NYNJ.
Newark is one of United's biggest hubs and it is, by far, the biggest carrier at Newark-Liberty, operating more than half the arrivals and departures at the airport.
In a complaint filed Wednesday, United is asking the FAA to audit the Port Authority and its fee structure, alleging that the airport's operators have diverted some $2 billion in airport fees to projects that have nothing to do with Newark-Liberty.
"The Port Authority operates EWR for its own benefit, contrary to the interests of the traveling public and the aeronautical users of the airport, imposing excessive unreasonable, and discriminatory charges to generate huge surpluses that are siphoned off to non-aeronautical operations," United alleged in its complaint.
The airline believes the Port Authority violates the Airport and Airway Improvement Act, the Anti-Head Tax Act, the Airline Deregulation Act and FAA policy.
Ron Marsico, spokesman for the Port Authority, told USA Today that "United is paying fees to the Port Authority pursuant to a contract that the airline accepted."
The FAA has 20 days from Dec. 10 to open an inquiry into the complaint, putting the onus on the Port Authority to either respond or asked that the case be dismissed.
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