>MS 

BEFORE THE 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, D.C. 

Drake Aerial Enterprises, LLC 

d^/a Air America Aerial Ads 

25228 Bradner Road 

Genoa, Ohio 43430 

and 

James Miller 

25228 Bradner Road 

Genoa, Ohio 43430 

Complainants, 

City of Cleveland 

Department of Port Control 

c/o Khalid Bahhur, Commissioner 

1501 North Marginal Road 

Cleveland, Ohio 44114 

Respondent. 

c.^ 

Docket No. 16-09-02 

INFORMATION RESPONSE OF THE 

CITY OF CLEVELAND. DEPARTMENT OF PORT CONTROL 

Robert J. Triozzi, Esq. 

Director of Law 

City of Cleveland 

Cleveland, Ohio 

Edward W. Sauer 

Charles F. Donley II 

Squire, Sanders & Dempsey L.L.P. 

1201 Pennsylvania Avenue, N.W. 

Washington, D.C. 20004 

(202)626-6641 phone 

(202) 626-6780 facsimile 

esauer@ssd.com 

Attorneys for City of Cleveland, Department 

of Port Control 

DATED; September 8, 2009 
BEFORE THE 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, D.C. 

Drake Aerial Enterprises, LLC 

d/b/a Air America Aerial Ads 

25228 Bradner Road 

Genoa, Ohio 43430 

and 

James Miller 

25228 Bradner Road 

Genoa, Ohio 43430 

Complainants, 

V. 

City of Cleveland 

Department of Port Control 

c/o Khalid Bahhur, Commissioner 

1501 North Marginal Road 

Cleveland, Ohio 44114 

Respondent. 

Docket No. 16-09-02 

INFORMATION RESPONSE OF THE 

CITY OF CLEVELAND, DEPARTMENT OF PORT CONTROL 

The City of Cleveland, Department of Port Control ("Respondent') 

submits this Information Response in reply to the Federal Aviation Administration's 

Request for Additional Information, dated August 27, 2009. 
Respondent's Information Response 

Docket No. 16-09-02 

September 8, 2009 

1. In response to Question 1, Respondent states as follows: 

The City of Cleveland's ("City") process for reviewing and approving new 

aeronautical businesses at Burke Lakefront Airport ("Airport"), consists of the following 

four steps: 

1. The Airport staff works with the proposed operator to develop a letter of 

intent describing the terms of its proposed operations at Burke Lakefront 

Airport. 

2. That letter of intent and an executive summary prepared by the Airport 

staff are submitted to the Director of Port Control for approval. 

3. Following approval by the Director of Port Control, the Airport staff, 

working with the City's Law Department, prepares draft legislation for 

approval by the Cleveland City Council and submits it to the Council 

through the Mayor's Office. 

4. After approval of the necessary legislation, the Law Director prepares a 

lease or other concession document for signature by the proposed operator 

and the Airport Director. 

In most cases, legislation approving the proposed operation is all that is required. In the 

case of Drake, the legislation will also need to authorize banner towing operations for all 

interested parties at the Airport. This is not expected to affect the timing of legislative 

action. 

- 2 -
Respondent's Information Response 

Docket No. 16-09-02 

September 8, 2009 

The City also can offer interim authority permitting parties to perform up to sixty 

cumulative days of operations at the Airport pending passage of the requisite legislative 

authorit)'. 

There are no Minimum Standards applicable to Burke Lakefront Airport. 

2. In response to Question 2, Respondent states as follows: 

Premier Flight Academy ("Premier"), a flight training school, is the business that 

was most recently accepted as an aeronautical business at the Airport. The approval 

process described in response to the FAA's first inquiry above was used for Premier's 

operation. In response to the FAA's specific questions. Premier was required to obtain 

the approval of the Director of Port Control for its operation at the Airport. It was also 

necessary to obtain legislative approval for that operation from the Cleveland City 

Council. The approval process required approximately four months. An agreement was 

signed with Premier on July 15, 2009. Premier did not seek interim approval to 

inaugurate its operations at an earlier time. 
Respondent's Information Response 

Docket No. 16-09-02 

September 8, 2009 

Respectfully submitted. 

idward W. Sauer 

Charles F. Donley 

Squire, Sanders & Dempsey L.L.P. 

1201 Pennsylvania Avenue, N.W. 

Washington, D.C. 20004 

(202)626-6641 phone 

(202) 626-6780 facsimile 

esauer@ssd.com 

Attorneys for City of Cleveland, Department 

of Port Control 

DATED: September 8, 2009 
CERTIFICATE OF SERVICE 

I hereby certify that I have this day served the foregoing Information Response on 

the following persons at the following addresses, via first class mail, postage prepaid. 

Edward W. aauer 

Attorneys for Respondent 

DATED: September 8, 2009 

Office of the Chief Counsel 

Attention: FAA Part 16 Airport Proceedings Docket 

AOC-610, Room 925 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, D.C. 20591 

Rebecca E. Dupuis 

Nathan A. Hall 

Shumaker, Loop & Kendrick, LLP 

North Courthouse Square 

1000 Jackson Street 

Toledo, Ohio 43604 
Drake Aerial Enterprises v. City of Cleveland, FAA 

Docket No. 16-09-02