Airlines, airports at loggerheads over raising federal facility tax

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JetBlue invested $200 million in T5i, its new terminal for international arrivals at New York’s Kennedy Airport.
JetBlue invested $200 million in T5i, its new terminal for international arrivals at New York’s Kennedy Airport.

Thrown into legislation likely to tackle the role of drones in aviation and NextGen air traffic control funding, the Passenger Facility Charge (PFC), a tax that funds airport improvements, is not likely to garner many national headlines. But within the industry, two sides are engaged in a heated exchange over whether it should be raised.

The PFC, a federally regulated tax, is currently capped by Congress at $4.50 per passenger per flight. Whether to raise that cap will be decided as part of reauthorizing the Federal Aviation Administration (FAA) budget, which expires in September.

The current FAA budget authorization was introduced in 2007 but was not passed until 2012. Five years and 23 short-term FAA operating extensions later (a record), President Obama signed it into law.

Understandably, the administration and the House Transportation and Infrastructure Committee, chaired by Bill Shuster (R.-Pa.), are eager to see the bill pass on time. But within the aviation industry, two competing sides of the PFC debate, airports and airlines, are vying to see it passed in their favor.

Though it is a local tax, the PFC is federally regulated; airports decide whether or not to propose a project to be funded by PFCs and how much money the project would need. The FAA then reviews and approves the project.

Airports and other groups, including the U.S. Travel Association, are pushing for a PFC cap increase to be included in the FAA reauthorization in order to fund airport infrastructure improvements. The Airports Council International-North America (ACI-NA), recommends that the cap be increased to $8.50, noting that the $4.50 cap, set in 2000, has not been indexed for inflation and in 2015 dollars is worth about $2.50. The Obama administration’s 2016 budget released in February proposes raising the cap to $8.

Airlines, which collect PFCs at the time of the ticket purchase, have lobbied to keep the cap at its current level on the grounds that higher fees would make air travel more expensive. Groups like Airlines for America (A4A) argue that airports have adequate resources to fund any needed improvements without asking passengers to pay additional taxes.

As part of lobbying efforts, each side has produced surveys indicating that Americans support its position. U.S. Travel released one in March saying that U.S. flyers are willing to pay up to $4 more per ticket for a better travel experience, while A4A, the trade organization for U.S. airlines, found that registered voters “overwhelmingly oppose an increase” to PFCs.

The difference between the two studies is the sample: U.S. Travel surveyed only flyers, while A4A surveyed registered voters.

During the last FAA reauthorization debate, Congress rejected raising the cap on PFCs, but some analysts said this might be the year the airports are successful.

“There is more chance of it going through than there were on previous occasions, quite simply because the airlines have some money,” said Kenneth Button, professor of public policy at the George Mason School of Policy, Government and International Affairs in Fairfax, Va.

“Their operating margins have basically been zero since 1980, [but] they have more money now so it’s difficult to say they can’t afford [the increase in ticket price].”

And because airlines have added so many of their own charges, from baggage and change fees to charges for food, drink and entertainment, they don’t have as strong a leg to stand on when they assert that the public won’t pay more fees.

“Customers are complaining they have to pay for bags and sandwiches and whatever else,” Button said. “And then they arrive at the airport and find the airport scruffy.”

According to a recent report from the ACI-NA, U.S. airports need an estimated $75.7 billion in infrastructure investment through 2019 in order to accommodate growth in passenger and cargo activity, rehabilitate existing facilities and support aircraft innovations.

George Kelemen, the ACI-NA’s senior vice president of government and political affairs, also argued that because no airport has to collect PFCs and because there is no minimum set within the cap, “it’s the epitome of local control and free market.”

“Airlines have the option to weigh in at the local level, with the airport and the county commissioners, etc.,” he said. “It’s not like you’ll see airports overnight jump to $8.50. They have to present a project to justify it. … It will be gradual as it is needed. The decision is made at a local level.”

A4A, on the other hand, argues that U.S. airports are creating a sense of urgency around their infrastructure that doesn’t exist.

“We and others have been very clear that airlines support infrastructure investment, as evidenced by the $70 billion in projects either completed, underway or approved at the 30 largest airports since 2008,” said A4A spokeswoman Jean Medina. “We believe airports have adequate resources without further burdening passengers.”

A4A also said that additional PFCs are an unnecessary additional tax when air travelers are already “overburdened by a staggering number of government-imposed taxes and fees.” The group said that taxes currently total 21% of a typical $300, one-stop, roundtrip domestic ticket.

“The airports’ proposed increase would hike the taxes paid on that same ticket to 26%,” according to A4A.

Concerns about higher ticket prices were shared by other travel industry groups.

“Travelers don’t need to be the piggy bank,” said Global Business Travel Association Executive Director and COO Michael McCormick. “Beyond the investments made by airlines, airports have more than $11 billion in unrestricted cash and investments while bringing in more revenue every year — a record-high $24.5 billion in 2013.”

Button thinks the side with strongest lobbyists ultimately will win.

“The four major airlines are very powerful; the airports are very powerful,” he said. “It’s the traveling public that is in the swim and can get carried away with the tide.”

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