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O'Melveny & Myers

BEIJING

llp

400 South Hope Street

Los Angeles, California 90071-2899

BRUSSELS

SAN FRANCISCO
SEOUL

CENTURY CUT

SHANGHAI

TELEPHONE (213) 43O-60OO

HONG KONG

FACSIMILE (213) 430-6407

LONDON

SILICON VALLEY
SINGAPORE

www.omm.com

NEWPORT BEACH

TOKYO

NEW YORK

RECEIVED
SEP 1 3 2016

September 13, 2016

OUR FILE NUMBER

530,799-029

Office of the Chief Counsel

PART 16 DOCKETS

Attention: FAA Part 16 Airport Proceedings Docket

AGC-600
Federal Aviation Administration
800 Independence Ave., S.W.
Washington, D.C. 20591
Re:

WASHINGTON, D C.

WRITERS DIRECT DIAL

(213) 430-6670

WRITERS E-MAIL ADDRESS

tallan@omm.com

PART 16 COMPLAINT
Atlantic Aviation FBO, Inc. v. City of Santa Monica, California

Dear Sir or Madam:

Pursuant to 14 C.F.R. 16.23, Atlantic Aviation FBO, Inc. (Complainant) brings this
complaint against the City of Santa Monica, California (the City), which is the owner,
operator, and sponsor of Santa Monica Municipal Airport (SMO or the Airport). Given the
nature of the violations herein alleged and the urgency with which corrective action is needed,
Complainant respectfully requests that the Director issue an order expediting the handling of this
matter. See 14 C.F.R. 16.11(b).
This complaint is based on the Citys continuing failure and refusal to adhere to its
federal obligations, and on the specific actions and conduct alleged hereafter. The Citys
objectives are now crystal clear: Fight the FAA for local control of SMO in the courts and, in
the interim, undertake any measure at its disposal to severely curtail or discourage air traffic at
SMO. If the City is permitted to take over Complainants fixed base operation (FBO) at SMO,
as it has resolved to do, it will do all it can to minimize air traffic by limiting fuel sales to
commercially-infeasible fuels and by offering substandard services and inconvenient hours.
All communications with respect to this complaint should be addressed to Tad Allan,
OMelveny & Myers LLP, 400 S. Hope St., Los Angeles, CA 90071; (213) 430-6000;
tallan@omm.com.
COMPLAINANT
1.
Complainant has operated a full service FBO at SMO since 2007, assuming a
lease that has been in effect, under several ownerships, since approximately 1986. Ex. A