article: SECTION 1. PETITIONS CLAIMING UNREASONABLY HIGH AIR FARES OR INADEQUATE AIR CARRIER COMPETITION AT AIRPORTS. Section 41712 of title 49, United States Code, is amended-- (1) by inserting ``(a) In General.--'' before ``On the initiative''; and (2) by adding at the end the following: ``(b) Petitions Claiming Unreasonably High Air Fares or Inadequate Air Carrier Competition at Airports.-- ``(1) In general.--If the Secretary receives a petition submitted by the sponsor of a commercial service airport (or by the attorney general of a State on behalf of 1 or more persons, including governmental entities, with respect to an airport) claiming that fares for scheduled air transportation at the airport are unreasonably high, or that competition between air carriers at the airport is inadequate, the Secretary shall investigate and hold a public hearing on the petition before the expiration of the 90-day period beginning on the date of receipt of the petition. ``(2) Location of hearing.--A public hearing under paragraph (1) shall be held in the community served by the airport if requested in the petition and if practicable. ``(3) Information to be provided by air carriers.--An air carrier providing air transportation at the airport shall provide to the Secretary pursuant to section 41708 such information concerning fares for air transportation and air service at the airport as the Secretary considers necessary to making findings in response to the petition. ``(4) Opportunity to testify.--A sponsor of an airport or an attorney general of a State submitting a petition under paragraph (1), and each air carrier providing air transportation at the airport, shall be provided an opportunity to testify at the public hearing conducted with respect to the petition. The Secretary may also take testimony from other interested persons and shall consider all written petitions received in response to each petition. ``(5) Findings.--Not later than 60 days after the date on which a public hearing is convened with respect to a petition submitted under this subsection, the Secretary shall issue written findings in response to the issues raised in the petition, including, at a minimum, findings as to-- ``(A) subject to paragraph (8), whether fares for air transportation at the airport are substantially higher than at comparable airports in the Nation; ``(B) whether air carrier costs to provide air transportation at the airport appear substantially higher than at comparable airports; ``(C) whether barriers to entry are discouraging or preventing other air carriers from initiating competitive air transportation at the airport; ``(D) whether marketing practices described in subsection (c) or other air carrier practices are contributing to such barriers to entry or are otherwise resulting in higher air carrier costs or higher fares for air transportation; and ``(E) as appropriate, whether any programs under the Secretary's authority could be helpful to airports in marketing their facilities to air carriers, reducing fares for air transportation, or minimizing barriers to entry by other air carriers seeking to provide air transportation at the airport. ``(6) Subsequent petitions.--If the Secretary receives a petition under this section with respect to an airport for which the Secretary has previously conducted an investigation and public hearing under this subsection, the Secretary may decide not to conduct a subsequent investigation and public hearing in response to the new petition. In deciding whether to conduct the investigation and public hearing, the Secretary shall consider whether changed circumstances may have limited the continuing validity of the Secretary's previous findings with respect to the airport. ``(7) Reports to congress.--Not later than 180 days after the date of enactment of this subsection, and at the end of each 180-day period thereafter, the Secretary shall transmit to Congress a report on the results of the investigations, if any, completed under this subsection during that period. ``(8) Limitation on statutory construction.--Nothing in this subsection may be construed to authorize the Secretary to set or invalidate any fare for air transportation. ``(c) Marketing Practices That Adversely Affect Air Carrier Competition.-- ``(1) Review.--Not later than 180 days after the date of enactment of this subsection, the Secretary shall review the marketing practices of air carriers that may inhibit the availability of quality, affordable air transportation services to commercial service airports, including-- ``(A) marketing arrangements between air carriers and travel agents; ``(B) code-sharing partnerships; ``(C) frequent flyer incentive programs and restrictions on purchases of frequent flyer mileage by other air carriers; ``(D) computer reservation system displays; ``(E) gate arrangements at airports; ``(F) exclusive dealing arrangements; and ``(G) any other marketing practices that may have similar impacts. ``(2) Regulations.--If the Secretary finds, after conducting the review required by paragraph (1), that 1 or more marketing practices of air carriers inhibit the availability of quality, affordable air transportation services at commercial service airports, the Secretary, after providing notice and an opportunity for public comment, shall issue regulations to address the marketing practices.''.
summary: Amends Federal aviation law to require the Secretary of Transportation to investigate and hold a public hearing with respect to each petition by the sponsor of a commercial service airport (or by the attorney general of a State on behalf of one or more persons, including governmental entities, with respect to an airport) claiming that fares for air transportation at an airport are unreasonably high, or that competition between air carriers at the airport is inadequate. Directs the Secretary to: (1) issue written findings in response to the issues raised in the petition; and (2) report to Congress the results of the investigations, if any. Directs the Secretary to review the marketing practices of air carriers that may inhibit the availability of quality, affordable air transportation services to commercial service airports. Requires the Secretary, if it is determined that one or more marketing practices of air carriers inhibit such services, to issue regulations addressing such practices.