# Bette¥

# Airports

Better Airports, LLC 

### Federal Aviation Regulation -14 CFR Part 1 FORMAL COMPLAlNT AGAINST THE WAHOO AIRPORT AUTHORITY WAHOO MUNICIPAL AIRPORT WAHOO, NEBRASKA

FAA Identifier: AHQ 

### FAA Docket No. 

### 16-14-08 Page 1 of32 November 24,2014 

### Complainant Answer to Respondent Amended Motion for Extension ofTime

to Answer the Complaint, from November 21, 2014 to December 19, 2014. Certified Certificate ofService
I hereby certifythat I have this day served the foregoing Complainant Answerto Respondent amended Motion for Extension ofTime to Answer the Complaint, from November 21, 2014 to December 19,2014, for ourTitle 14, Chapter I Subchapter B, Part 16- Formal Complaint onthe following person at the following address, byUSPS Mail First Class Mail Delivery: TO: Respondent- Sent ViaFirst Class Mail Ms. Melissa Harrell City ofWahoo

- CityAdministrator/Clerk/Treasurer Ex Officio ofthe Wahoo Airport Authority 605 North Broadway Wahoo, NE 68066 Office Telephone 402-443-3222 Dated this 24th day ofNovember, 2014

William Foster- BetterAirports, LLC For Complainant- FAA Docket No. 16-14-08 Walker Ag Supply, LLC, Complainant Midwest Spray Services, LLC, Complainant Better Airports, LLC- Agent for Complainant- 4504 North Versailles Ave, Dallas, TX 75205

# Bett~orts Better Airports. LLC Formal Complaint Issues, Evidence, and Allegations against the Wahoo Airport Authority from Better Airports, LLC, Walker AG Supply, LLC and Midwest Spray Service, LLC- ComplainantDelivered to Sponsor, the Wahoo Airport Authority, on September 22,2014- Docket: 16-14-08 1Better Airports, LLC 

### Federal Aviation Regulation- 14 CFRPart 16 FORMAL COMPLAINT AGAINST THEW AHOO AIRPORT AUTHORITY WAHOO MUNICIPAL AIRPORT WAHOO, NEBRASKA

FAA Identifier: AHQ 

### FAA Docket No. 

### 16-14-08 Page 2 of32 November 24, 2014 

### Complainant Answer to Respondent Amended Motion for Extension ofTime

to Answer the Complaint, from November 21,2014 to December 19, 2014. Certified Certificate ofService
I hereby certify that I have this day served the foregoing Complainant Answerto Respondent Amended Motion for Extension ofTime to Answer the Complaint, from November 21, 2014 to December 19, 2014, for our Title 14, Chapter I Subchapter B, Part 16- Formal Complaint on the following person atthe following address, byUSPS Mail PriorityMailDelivery: TO: FAA Office ofthe ChiefCounsel Attention: FAAPart 16 Docket Clerk AGC-600 Federal Aviation Administration 800 Independence Avenue SW Washington, DC 20591 Dated this 24th day ofNovember, 2014

William Foster- BetterAirports, LLC For Complainant- FAA Docket No. 16-14-08 Walker Ag Supply, LLC, Complainant Midwest Spray Services, LLC, Complainant - Sent ViaPriority Mail

BetterAirports, LLC- Agent for Complainant- 4504 North Versailles Ave, Dallas, TX 75205

# Bett~rports f:klfer Airport,;, LLC Formal Complaint Issues, Evidence, and Allegations against the Wahoo Airport Authority from Better Airports, LLC, Walker AG Supply, LLC and Midwest Spray Service, LLC- ComplainantDelivered to Sponsor, the Wahoo Airport Authority, on September 22,2014 ·Docket: 16-14-08 2

### Federal Aviation Regulation- 14 CFR Part 16 FORMAL COMPLAINT AGAINST THEW AHOO AIRPORT AUTHORITY WAHOO MUNICIPAL AIRPORT WAHOO, NEBRASKA

FAA Identifier: AHQ 

### FAA Docket 

### No. 16-14-08 Page 3 of32 November 24,2014 

### Complainant Answer to Amended Motion for Extension ofTime to Answer the Complaint, from November 21, 2014 to December 19, 2014. I, William Foster agent for Complainant, submit this Answer to Amended 

### Motion for Extension ofTime to Answer the Complaint, from November 21, 2014 to December 19, 2014. As it is now November 24, 2014, and the 20 days for the Respondent to answerthe Complainant was due November 21, 2014, itis evident the Respondent has notprepared an answer, even though theyhave had the Complaint since the Complainant hand delivered to the Respondent on September 22, 2014, now some 63 days prior to this date. The Complainant wants to be reasonable and at this late hour, 48 hours after the due date for a complete Answer to the Complaint, we do notwant to be a part ofthe problem. Therefore, the Complainant wants to make two statements for the record, being the purpose of this Answer to the Amended Motion for extension oftime to answer the Complaint, from November 21,2014 to December 19,2014. 

### Complainant First Overall Statement in this Answer is

- Complainant has many concerns as stated in this Answer, yet Complainant now does not take a position ofopposition, to the Amended Motion to extend the time to answer the Complaint from November 21,2014 (three (3) days ago) to December 19,2014, even though the Amended Motion filed onNovember 18,2014 continued to be a non-compliant filing, as was the original Motion filed bythe Respondent, in the opinion ofthe Complainant. As stated now and below, the Complainant has great concerns, andbelieves the Respondent has habitual behaviors that do not show respect for the FAA, The 14 CFRPart 16 process, orthe Complainant. These Complainantbeliefs are substantiated bythe Respondent intheir continued behaviors as described in Number 1 (a), (b), and (c) below.

# Bett~rports Belter Airportli, LLC Formal Complaint Issues, Evidence, and Allegations against the Wahoo Airport Authority from Better Airports, LLC, Walker AG Supply, LLC and Midwest Spray Service, LLC- ComplainantDelivered to Sponsor, the Wahoo Airport Authority, on September 22,2014- Docket: 16-14-08 3Page 4 of32 Complainant Answer to Amended Motion byRespondent for Extension ofTime to Answer Complaint FAA Docket No. 16-14-08 November 24, 2014

The existing problem is the November 21,2014 due date for the Respondent to file an answer to the Complaint has passed. To demand a due date that has passed will nothelp the process, therefor again we state, the Complaintnow, after the due date, is taking the position ofnot being in opposition or supporting the amended Motion for an extension oftime to answer the Complaint bythe Respondent. Complainant Second Overall Statement in this Answer

- The Complaint hereby states for the record their concerns with the quality ofthe original Motion and now the Amended Motion for extension oftime to answerthe Complaint from the Respondent. Wepraywe ourselves do notmake such mistakes, and are opento the same demands, critical reviews, and standards that we all are trying to achieve inthis 14 CFRPart 16 process. Forthe record please note the concerns the Complainant has inreviewing theMotion and Amended Motion granting the Respondent an extension oftime to answer the Complaint from November 21,2014 to December 19,2014. 

### Also the Complainantprays the Respondent does actuallyperform and has their answers to the Complaint filed byrequested date ofDecember 19, 2014. The Complainant original opposition and position onthe Respondent Motion to extend the time to answer the Complaint from November 21,2014 to December 19, 2014 filed on November 18, 2014 now is removed in this Answer to the Amended Motion, and our position answer is we are not in opposition and not supporting the Motion. However, the Complainantmust present their continued concerns that the Respondent continues the badplayer acts andbehaviors that are the basis ofthe Formal Complaint, and the same badplayer acts continue inthe Respondent Motion and AmendedMotion. The Complainant stated in Answer to Motion and now again restated for the Amended Motion, again here, as follows:

# Bett~orts Beller Airporto. LLC Formal Complaint Issues, Evidence, and Allegations against the Wahoo Airport Authority from Better Airports, LLC, Walker AG Supply, LLC and Midwest Spray Service, LLC- Complainant· Delivered to Sponsor, the Wahoo Airport Authority, on September 22,2014- Docket: 16-14-08 4Page 5 of32 ComplainantAnswer to AmendedMotionbyRespondent for Extension ofTime to Answer Complaint FAA Docket No. 16-14-08 November 24,2014
I. Inpart, the purpose ofthe Complainant's initia114 CFRPart 16 FORMAL COMPLAINT AGAINST THE WAHOO AIRPORT AUTHORITY WAHOO MUNICIPAL AIRPORT WAHOO, NEBRASKA FAA Identifier: AHQ FAADocket No. 16-14-08 was to point out our allegations against the Sponsor as to: a. To show the Respondent historically has been disingenuous intheir statements, as they are not based onfacts, ortherecord. b. To show the Respondent is a habitual non-compliantparty. c. To show the Respondent has an infinity ofbeing a rule violator; to the degree it appears to the Complainantthe Respondent may deem rules are not for themto abide by. All the above (a), (b), and (c) inthis section 1 have critical negative effects onthe Grant Assurance Program, and the misconducts byRespondent continue to help to understand viathe 14 CFRPart 16 process, to help determine Compliancebythe Sponsor, now Respondent. 2. Now the Respondent first act [first Motion actual filing November 10, 2014], and now followed with an amended revised Motion inthis 14 CRF Part 16 process shows more continued events ofSection I (a), (b), and (c) above, inthe Respondent Motionto extend the time to answer the Complaint.

a. Whenmaking application for aMotionunder 16.19 (e) Extension byMotion, it requires "Aparty filing a motion for extension should attempt to obtain the concurrence ofthe opposingparty". This did nothappen inthe original Motion. The Respondent never attempted to obtainthe concurrence ofthe opposing party, the Complainant. The Complainant believes this is a demonstration ofSection I(b) and (c) as shown and described above. Now, some eleven (II) days afterRespondent filed original Motion for an extension oftime to answer the Complaint, the Respondent's counsel Larry Kaplan contacted WilliamFoster, the agent for the Complainantbytelephone at 214-477-7077, where Mr. Fostertells Mr. Larry Kaplan immediatelythat Mr. Fosterwill only communicate with the Respondent in writing and not viathe telephone.



# Bett~rports Formal Complaint Issues, Evidence, and Allegations against the Wahoo Airport Authority from Better Airports, LLC, Walker AG Supply, LLC and Midwest Spray Service, LLC- ComplainantDelivered to Sponsor, the Wahoo Airport Authority, on September 22,2014- Docket: 16-14-08 Better Airports. LLC 5Page 6 of32 Complainant Answer to Amended Motion byRespondent for Extension ofTime to Answer Complaint FAADocket No. 16-14-08 November 24,2014
Inthis telephone conversation, after Mr. Kaplan being immediately informed that Mr. Foster, agent for the Complainant will only communicate withthe Respondent 

### in writing and not over the telephone, in effect Mr. Foster was requesting the call terminate. Mr. Kaplan did not honor Mr. Foster's statement, and continued to ask questions and make statements ofand to Mr. Foster. This is the continued behaviors bythe Respondent as described in Section 1 (b) and (c) as shown and described above. An example ofcontinued disingenuous statements bythe Respondent, are those statement made in the Amended Motion byRespondent's counsel Mr. Larry Kaplan in the last paragraph ofhis cover letter to the Office ofChiefCounsel onNovember 18, 2014 for the Respondent Amended Motion for an Extension ofTime to Answer the complaint. Inthe last paragraph ofthe cover letter states, the Mr. Kaplan for the Respondent states: "We [Respondent] have amended ourmotion to reflect conversations with Complainant's representative [William Foster] regarding whether he would agree to the extension. The response unfortunatelywas not definitive. Complainant also refused to accept electronic service. Very truly yours, KAPLAN, MASSALLILO & ANDREWS. LLC 

## Is/ Larry S. Kaplan LSK:kus"

Note howMr. Kaplanwrites inhis cover letter that "We have amended our motion to reflect conversations with Complainant's representative [William Foster] regarding whether he would agree to the extension. The response unfortunatelywas not defmitive."

# Bett~rports Formal Complaint Issues, Evidence, and Allegations against the Wahoo Airport Authority from Better Airports, LLC, Walker AG Supply, LLC and Midwest Spray Service, LLC- ComplainantDelivered to Sponsor, the Wahoo Airport Authority, on September 22,2014- Docket: 16-14-08 Beller Airport.'" LLC 6Page 7 of32 Complainant Answer to Amended Motion byRespondent for Extension ofTime to Answer Complaint FAADocket No. 16-14-08 November 24, 2014 Ofcourse the response to the question regarding "whetherhe would agree to the extension" was not definitive. Mr. Kaplan was told immediatelybyMr. Foster in the unsolicited telephone call to Foster that Mr. Foster would only communicate with the Respondent inwriting, and not over the telephone and ifMr. Larry Kaplan had respected Mr. Foster's request that would have beenthe end ofthe conversation and dialogue and communications would continue in a paper format as the 14 CFRPart 16 mandates when the Respondent refused to use electronic filing and documents. Instead, Mr. Larry Kaplan proceeds to continue to disrespect Mr. Foster's request to conduct the communications viawriting as the Respondent andhis client demands, then Kaplan writes to the FAA in a letter, in the Complaints opinion the format and words that Mr. Kaplan used to paint a picture ofthe Complaint, about Mr. Kaplan's non-compliant telephone conversation, as ifthe Complainant is being unreasonable and difficult. In the very short telephone conversation Mr. Foster did give Mr. Kaplan the courtesy oftelling him that the Complainant had already filed anAnswer to the Respondent's Motion stating their opinion andposition on the Motion. Mr. Kaplan replied hehad not seen the filed answer yet, that he had not received it in an email. Mr. Fosterreplied that this process does not allow for electronic filings, perthe demands ofthe Respondent. Mr. Kaplan said that wouldbe changed, and he was going to ask for electronic filings to be allowed. Mr. Foster replied again that it was the Respondent that demanded onlyhard copy and no electronic filings ofany kind. Mr. Kaplan again saidhewould change that. Mr. Foster replied by saying he [Kaplan] cannot change to electronic filing without the Complainant approval. Mr. Kaplan asked, will the Complaint approve [electronic documents]?

# Bett~Irports Formal Complaint Issues, Evidence, and Allegations against the Wahoo Airport Authority from Better Airports, LLC, Walker AG Supply, LLC and Midwest Spray Service, LLC- ComplainantDelivered to Sponsor, the Wahoo Airport Authority, on September 22,2014- Docket: 16-14-08 ficl!cr Airport-;, LLC 7Page 8 of32 Complainant Answerto Amended Motion byRespondent for Extension ofTime to Answer Complaint FAADocket 

### No. 16-14-08 November 24, 2014

Mr. Foster said "no". Mr. Foster went onto say, we [Respondent] begged the Respondent inwriting, with signed by Complainant agreements, backinMay of2014 twice, to allow electronic filings and documents, andthe Respondent refused to even acknowledge our two (2) writtenrequests. 

### As a side note: It tooka Nebraska "PublicRecordsRequest" from the Complaint to the Respondent toprove theRespondent had even received the two requests and Complainant signedagreements to have electronic filing. Without thePublic Records Requestdocuments delivered back to Complaint we wouldnothave the complete evidence the Respondent had received our two (2) requests for electronic filing of documents and communication. Fortunately, theRespondent finally did acknowledge receipt of theRespondent request for electronic filings and documents, that the Respondent has signedandwas asking the Respondent to sign. In Mr. Kaplan own statement of his and theRespondent ability toperform "diligence", Kaplan could have easily read within the first I0pages of the Formal Complaint, with the actually first description of theRespondent refusal to use electronic filings anddocuments sinceMay of 20I4 was onpage 9 andpage I0 with full reference to the details onpages 807-8I8 of the Formal Complaint. Complainant requestedagreement to allow electronic filings anddocuments with Respondent, that was never replied too, asfound onpage 9 of the formal complaint is attached to thisfiledAnswer. Thefull reference to the details can be found onpages 807-8I8 of the Formal Complaint, and are notattachedhere to keep thepage count down. Now the Complainant questions, has theRespondent counsel even read the first I0 pages of the Formal Complaint aspart of their "diligence" to date now being November I8, 2014 in the Respondent cover letter to the FAA, when Mr. Kaplan stated "Complainant also refused to accept electronic service" just three (3) days beforeNovember 2I, 20I4, the Respondent20days due date tofile an Answer? The AmendedMotionfor extension of time to answer the Complaint is so the Respondent can exercise "diligence", to use their own words in theirMotion. Yet for 50somedays it appears the Respondent counsel has not use any "diligence" to even get topage IO of the Formal Complaint.

# Bettf"~orts Formal Complaint Issues, Evidence, and Allegations against the Wahoo Airport Authority from Better Airports, LLC, Walker AG Supply, LLC and Midwest Spray Service, LLC- ComplainantDelivered to Sponsor, the Wahoo Airport Authority, on September 22,2014- Docket: 16-14-08 Better Airror(s. LLC 8Page 9 of32 Complainant Answer to Amended MotionbyRespondent for Extension ofTime to Answer Complaint FAA Docket No. 16-14-08 November 24, 2014 At this rate of study and "diligence" by the Respondent the Complainant is concerned theRespondent will be back three (3) business dayspriortoDecember 19, 2014, the originalMotion andnowamendedMotion requests for extension of time to answer the Complain, date, asking for another extension, when theRespondenthas not even used the first 50+ days in a diligentperformance to the time of filing theMotions to extendthe time to answer the Complaint. In May of2016 the Respondent refused twice to have electronic documents and communications from andto theFAA, and the Complainant. 

## If Mr. Kaplan had conferred with his client theRespondent counsel would have also known the Complainant rescindedandcancelled the May of 2014 offer for electronic filing of documents and communications, on September 22, 2014 the same day the Complainantpersonally delivered the Formal Complainant to the Respondent. A copy of the rescinded and cancelled agreementsignedby the Complaint is attached to this filedAnswerto the amendedMotion,from the Complaint. Therefore, instead of theRespondent correctly representing the history of the multiple requests by the Complainant to the Respondent for electronic filings anddocument theRespondent and their counselMr. Kaplan within 24 hours of havinga unapproved telephone conversation with Mr. Foster, again makes a disingenuous statement, without respecting context, in the last sentence byMr. Kaplan the RespondentamendedMotion November 18, 2014 cover letter, stating "Complainant also refused to accept electronicservice. " What Mr. Kaplan was toldbyMr. Foster, by theRespondent refusal to agree to electronic filings and communication by electronic service it cost the Complaint thousands of dollars in extra expense and hundreds of extra man hours to make the Formal Complaint in a non-digital format and that was what theRespondent demanded, and "It was table the Respondentset" and that is what will be continued andnotchangedafter the thousands of dollars hadbeen spentand 1OOs of hours to comply with the Respondent demands, after all that expense andharm to the Complaint it was nowgoing to remain as theRespondent haddemand.



# Bett~rports Formal Complaint Issues, Evidence, and Allegations against the Wahoo Airport Authority from Better Airports, LLC, Walker AG Supply, LLC and Midwest Spray Service, LLC- ComplainantDelivered to Sponsor, the Wahoo Airport Authority, on September 22,2014- Docket: 16-14-08 Beuocr

**Airp011~.** LLC 9Page 10 of32 Complainant Answer to Amended MotionbyRespondent for Extension ofTime to Answer Complaint FAA Docket 

### No. 16-14-08 November 24, 2014

Mr. Fostertold Mr. Kaplan immediately onthe unsolicited telephone call from Mr. Kaplan, that any questions Mr. Kaplanhas as to the Complainantposition onhis Motion for an extension oftime to answer the Complaint wouldbe found inthe "filed" ComplainantAnswerto the Motion for extension oftimebyComplainant as filed and served inthe mail, and that is when Mr. Foster said that is all there is to be said andit is time to say goodbye, and a respectful goodbye was given to Mr. Kaplan and Mr. Kaplan acknowledged the goodbye, and the call was terminated. With Mr. Fostertelling Mr. Kaplan that there is no need to continue the call for all the informationis inthe USPS mailed filed Complainant Answerto the Motion, andthe Respondent has refused electronic communication, and all documents and communications have to be byhard copy delivery. At this time the call ended. YetMr. Kaplan continued Respondent behavior ofSection 1 (s), (b), and (c) as stated above. Thispoorbehavior continues becauseMr. Kaplan did not respect Mr. Foster's request and statement to only communicate inwriting as his client the Respondent demanded. Just Two (2) minutes after Mr. Fosterterminated the telephone call, Mr. Kaplan calls Mr. Foster again afterthis described November 18, 2014, two (2) minute and 39 second telephone call was terminated at 1:57 PM. As stated, some two (2) minutes later Mr. Kaplan called Mr. Fosterback afterbeingtold Mr. Fosterwill only communicate in writing. This time Mr. Foster did not answer the attempted call, as Mr. Kaplan refused to honor, and respect Mr. Foster's statement that all communicationwiththe Respondent would have to be inwriting. Mainreasonbeingthere is not a ready public record of"telephone calls" or personal face to face meetings, and when there is a history ofthe Respondent making disingenuous statements against the Complainant, the Complainant mustprotect them-selfby onlyhaving all communications withthe Respondent in writing. Injust a very short 2:39 minute telephone call from the Respondent to Complainant, whenMr. Foster said communications withthe Respondent could onlybe in writing, Mr. Kaplan was still able to make disingenuous statements inhis November 18, 2014 AmendedMotion cover letter to the FAA, like as to whether Complainant would agree to the extension, "TheResponse unfortunatelywas not definitive", and "Complainant also refused to accept electronic service". These statements falsely stage the Complainant in a possible improper appearance ofbeingunreasonable or difficult, for which neither are true. However, it appears to the Complainantthe tone

# Bett~irports Formal Complaint Issues, Evidence, and Allegations against the Wahoo Airport Authority from Better Airports, LLC, Walker AG Supply, LLC and Midwest Spray Service, LLC- ComplainantDelivered to Sponsor, the Wahoo Airport Authority, on September 22,2014- Docket: 16-14-08 Better Airports. LLC 10Page 11 of32 Complainant Answer to Amended Motion byRespondent for Extension ofTime to Answer Complaint FAADocket No. 16-14-08 November 24, 2014 ofMr. Kaplan's statement about the Complainant was meant to show the Complainant as being unreasonable and difficult, for whichthe Complaint is not. Additional proofbeing now at this late date ofthree (3) days after the due date for the Respondent to answer the Complaint, the Complainant has amended ourposition to not be in opposition, and not be in support, we are now neutral. There are enough eyes from the FAA onthis problem at this verylate date, without the Complainantpossibly seen as drawing focus from a FAA solution to a poorly written and executed Motion and Amended Motionbythe Respondent. Again, it goes backto the Respondent continued behavior ofSection I (a), (b). (c) as shown and described above. Ifthe Respondent and Mr. Kaplanwere truly "diligent", as Respondent says they need an extension oftime to be "diligent", they would have asked the Complainant andpreformed the required 14 CFR 

### § 16.19 Motions (e) 

### Extension 

### by motion needed action found in only the second sentence ofthe regulation, where it says "Aparty filing a motion for extension should attempt to obtain the concurrence ofthe opposing party." This was not a hard section requirement to find ifone read the requirements being "diligent". The Respondent and Mr. Kaplan have effectively had since October 30, 2014, the date the 20 day clock started for an answer to the Complaint, to seek outthe Complainant in a non-electronic communication form as demanded bythe Respondent, to fulfill the requirements offiling a Motion for an extension oftime. It is not the Complainant's fault orresponsibility that the Respondent waited until the exact last dayto attempt to file a proper AmendedMotion for an extension oftime to answer the Complaint, waiting until November 18,2014when the due date for an Answer to the Complaint is November 21,2014. Instead ofthe Respondent properly owning up to the tardy situation ofdue dates that they created, theymake disingenuous statements about the Complaint in their AmendedMotion, to disingenuously attempt to show some ofthe blame onthe Complainant. So there is no misunderstanding ofwhat Mr. Foster was doing and saying as agent for the Complainant during the one phone call with Mr. Kaplan, when Foster immediately stating to Mr. Kaplan onthe onlytelephone call he answered from Mr. Kaplan, that Fosterwill only communicate with the Respondent in writing.

# Bett~orts Formal Complaint Issues, Evidence, and Allegations against the Wahoo Airport Authority from Better Airports, LLC, Walker AG Supply, LLC and Midwest Spray Service, LLC- ComplainantDelivered to Sponsor, the Wahoo Airport Authority, on September 22,2014- Docket: 16-14-08 Beller Airpons, LLC IIPage 12 of32 Complainant Answer to Amended MotionbyRespondent for Extension ofTime to Answer Complaint FAADocket No. 16-14-08 November 24, 2014 Again stating, one reason being to onlycommunicate inwriting so as to limit the possible continuance ofdisingenuous statements madebythe Respondent against the Complainant. Even after only a short 2:39 minute phone call from Mr. Kaplan, Respondent counsel, disingenuous statement against the Complainantwere designed inthe Respondent Amended Motion, signed byMr. Kaplan, and it onlytook less than 24 hours after Foster speaking to Mr. Kaplan for the disingenuous statements to be presentedto the FAA Office ofthe ChiefCounsel. The acts bythe Respondent again shows the Respondent continuedbehaviors of Section I (a), (b) and (c), as shown and described above. b. According to 14 CFR §16.15 Service ofdocuments on the parties and the agency when filing an application for a Motionit requires "Copies ofall documents filed with theFAAPart 16 Docket Clerk shallbe served bythe persons filing them on all parties to the proceeding. A certificate ofservice shall accompany all documents whenthey are tendered by filing and shall certify concurrent service onthe FAA and all parties." This did nothappen. In original Motionthe Respondent did not send copies oftheir motionto two (2) ofthe complaints, Mr. WalkerLuedtke Walker- Ag Supply, LLC and Mr. Brad Gage- Midwest Spray Services, LLC as required by 14 CFR §16.15. Now again when Amended Motionis also required sending copies to all parties it did not happen for Respondent did not send copies oftheir motionto two (2) ofthe complaints, Mr. WalkerLuedtke Walker- Ag Supply, LLC and Mr. Brad GageMidwest Spray Services, LLC as requiredby 14 CFR §16.15. When the Respondent did send copies ofthe originalMotionto WilliamFosterthe Agent for Complainant with a certificate ofservice, the statement ofservice was a false statement. TheRespondent certified 

### "Ihereby certifythat

### I havethis 

### 71 h day of November, 2014 served the foregoing motion for an extension oftime to answerthe complaint onthe following persons [William Foster] at the following addresses by U.S. mail". This did not happen as Certified. According to the post mark onthe USPS mailed envelope that Mr. William Foster (Agent for Complainant) received onWednesday, November 13,2014, the postmark was in the afternoon (PM) onNovember 10,2014, some three (3) days after the Respondent Certified stated date intheir Certificate of Service. A copy ofthe late postmarked envelope is attached for the record. 

## Bett:jjrports Formal Complaint Issues, Evidence, and Allegations against the Wahoo Airport Authority from Better Airports, LLC, Walker AG Supply, LLC and Midwest Spray Service, LLC- ComplainantDelivered to Sponsor, the Wahoo Airport Authority, on September 22,2014- Docket: 16-14-08 Belter Airports, LLC 12

### Page 13 of32 Complainant Answer to Amended MotionbyRespondent for Extension ofTime to Answer Complaint FAA Docket No. 16-14-08 November 24, 2014 In additional, for the original Motion and the Amended Motion the Respondent did not complywith 14 CFR §16.15 Service ofdocuments on the parties andthe agency, when the Respondent, when signing the Certificate ofService, did not identify themselves and who they were signing for !parry], 

### being the "respondent" or "complainant". In 

### fact, the apparent author and signer ofthe Certificate ofService and the original Motion and the Amended Motion only signed with a personal name and a name ofa firm and no other identification, not showing address orcomplete contact information, and again not stating the party they are signing for, spelled out "respondent" or "complaint" as required by 14 CFR §16.15, instead it would have to be assumed one orthe other, orneither. The Complainant believes these omissions bythe Respondent are a continued demonstration ofSection 1(a), (b) and (c) as shown and described above.

c. In regards to the statements inthe original Motion for Extension ofTime to Answer, the Complaintbelieves the original Motion inpart has continued disingenuous statements from the Sponsor, now Respondent. a. The Respondent made the statement in the original Motion Item No. 1, "The COMPLAINT was served on WAHOO on October 30, 2014." This is not a true statement. The COMPALINT was served ontheW AHOO AIRPORT AUTHORITY, byhand, on September 22,2014 some THIRTY-EIGHT (38) days before the Respondent Motion stated date ofreceiving the Complaint on October 30, 2014. As ofthe actual sending date ofthe original Motion for Extension to the Complainant, November 10,2014, the Respondent had the Complaint for some FORTY-EIGHT (48) days, far in excess ofthe regulated (20) days to respond. This is more than double the amount oftime required to respond, with (11) additional days remaining after Motion date to respond to FAAbyNovember 21,2014 due date. The Complainantbelieves there is no new information inthe Formal Complaint, be it 100pages or 900 plus pages, that the Sponsor does not already have an intimate knowledge of, and has known for years.

# Bette~orts Formal Complaint Issues, Evidence, and Allegations against the Wahoo Airport Authority from Better Airports, LLC, Walker AG Supply, LLC and Midwest Spray Service, LLC- ComplainantDelivered to Sponsor, the Wahoo Airport Authority, on September 22,2014- Docket: 16-14-08 Better Airports, LLC 

### 13

### Page 14 of32 Complainant Answer to Amended Motion byRespondent for Extension ofTime to Answer Complaint FAADocket 

### No. 16-14-08 

### November 24, 2014 Now in the Respondent Amended Motion for extension oftime to answer Complaint, the Respondent statement in ItemNo. 1: 

### "1. The Federal Aviation Administration ("FAA") mailed the Notification ofthe Complaint to respond on October 27, 2014." The complainantbelieves this is a disingenuous statement or a making up ofnew terms as there is no "'Notification ofthe Complaint' to respond on October 27, 2014". It appears to make the appearance that the Complaint was received on October 27, 2014 when the Complaint was hand delivered, inperson, to Respondent on September 22, 2014. The Complainantbelieves the disingenuous statements in the original Motion and now a new statement in the Amended Motionbythe Respondent are a continued demonstration ofSection l(a) and (b) above; and (c) as shown above ifthe Respondent does not meet the 20 day due date, after having more than 58 days to due date, November 21, 2014, to respond. d. 

### In the Amended Motion, Item No. 2 the Respondent makes the statement "The law firm ofKaplan, Massamillo and Andrews LLC was subsequentlyretained to represent Respondent." To the Complainant subsequently would mean after October 27, 2014? Ifthis is true than the Respondent has had the Complainant for over 40 days and has not prepared for a response to give the FAA, waiting to see ifthe Complainant is to beDocketed. That is a risk the Respondent was willing to take, not retain an attorney until after theywere Docketed, oris Kaplan, Massamillo and Anderson LLC saying they were reviewing the Complaint day one, since September 22, 2014, yet not "representing" the Respondent until after October 27, 2014. Kaplan, Massamillo and Anderson LLC statement No.2 is as ifthe LawFirm has not heard, seen, studied, discussed, orreviewed the Complaintuntil after October 27, 2014. Ifthis is correct than the Complainant believes the Respondent has been negligent bynot preparing for the FAAto Docket the Complaint. Therefore ifthe Amended Motion for extension oftime to answer the Complainantis granted, then there is no penaltyto not preparing, and all rewards for doing nothing until the Docketing is determined, at the expense, time, and penalty ofthe Complainant who has nowbeen waiting for over three (3) years for access to the Respondent Airport.

# Bett~irports Fonnal Complaint Issues, Evidence, and Allegations against the Wahoo Airport Authority from Better Airports, LLC, Walker AG Supply, LLC and Midwest Spray Service, LLC- ComplainantDelivered to Sponsor, the Wahoo Airport Authority, on September 22,2014- Docket: 16-14-08 Better Airpons. LLC 

### 14

### Page 15 of32 Complainant Answer to Amended Motion byRespondent for Extension ofTime to Answer Complaint 

### FAA Docket No.16-14-08 November 24, 2014 The Respondent did not have representationbefore October 28, 2014, orthe Law firm was involved prior to October 28, 2014, theyjust did not have the title of "representing" the Respondent. To the Complainant either one ofthese answers is another example ofthe continued behavior in Section 1 (a), (b), and (c) as shown and described above.

e. The Complainant does not have an automatic objection to an extension ofTime to answer the Complain. The objection the Complainant did in original Motion is we have waited for almost three years for access to the Airport. We have beenthrough aninformal complaint process, and a direct complaint to the Airport process, and have had zero success at gaining access to the Airport, and it has been a total delay oftime, now we have anotherrequest for a delay. The Complainant does understands appropriate and necessary delays, and out of respect for the process ofrules, regulations, statutes, and the Grant Assurance Commitments a Respondent makes and needs to defend, is understandable. The Motions for extension oftime to answer Complaint is not such a case. The Complainantbelieves the Motion for extension oftime to answer Complainant approval is an unnecessary delay as the Respondent continues to not respect the process, the rules ofthe process, orthe complying withthe clearlyblack and white regulation requirements ofCPRPart 16. Where is the "diligence" on the Respondent partday one? The Complainant also believes the Respondent continues to show, via theirMotions, a lack ofrespect for the process, the FAA, and the Complaintby sending the poor work product ofthe referenced Motion and amended Motion for Extension ofTime to Answer the Complaint. The Complainant does not believe the Motion warrants the respect they are requesting when it was notreciprocated in their ownwork inthe Motions. Note: The actual Motion and amended Motion documents bythe Respondent are not even dated, another continued demonstration ofSection 1(b) and (c) as shown and described above.

# Bett~orts Formal Complaint Issues, Evidence, and Allegations against the Wahoo Airport Authority from Better Airports, LLC, Walker AG Supply, LLC and Midwest Spray Service, LLC- ComplainantDelivered to Sponsor, the Wahoo Airport Authority, on September 22,2014- Docket: 16-14-08 Bener**Airport~.** LLC 

### 15

### Page 16 of32 Complainant Answer to Amended Motion byRespondent for Extension ofTime to Answer Complaint FAA Docket No. 16-14-08 November 24, 2014
Also note in the original Motion from the Respondent theymention twice their need for an Extension ofTime so they canbe "diligent". The Respondent stated in the Motion an Extension ofTime so they can "make diligent inquiry'', and "whichmust be diligently investigated". Same term was used in amended Motion inItems No.9, stating "In 

### order for Respondent and its counsel to make diligent inquiry ofthe persons referenced in these documents

..." and inNo. 10 stating "These documents also make reference to numerous dates, events and actions whichmustbe diligently investigated inorder to reasonably respond to the Complaint." The term "diligent" inmost know common use cases means "having orshowing care and conscientiousness in one's work orduties". Ifthe Respondent had alreadybeen using their so called ability to be "DILIGENT" in the presentation ofthe original Motion and their amended Motion, the Complainant would not have taking a position of"Opposition" to their original Motion for Extension ofTime to Answer the Complaint that is now before the FAA. Yet, now as a spirit ofcooperation to not cause any more problems than what the Respondent alreadyhas done, in not meeting the November 21, 2014 filing deadline. Summary: Complainant Position and Answer to Respondent Amended Motion to extent Time to answer Complaint from November 21, 2014 (3 days ago) to December 19, 2014. The Complainant now has "no" opposition, and "no" support for the Respondent amended Motion for extension oftime to answer the Complaint from November 21, 2014 to December 19, 2014. However, the Complainant does believes an "informal" approach to process, time deadlines, and rules is over, we are out oftime, and would pray that a spirit of"Time is ofthe essence" be followed going forward now that we are in a 14 CPRPart 16 Formal Complaint, especially when the Respondent has not complied with the first rules ofthis process as shown and demonstrated in the original Motion andnowinthe amended Motion theyhave filed.

# Bett~orts Bet!e1 Airports. LLC Formal Complaint Issues, Evidence, and Allegations against the Wahoo Airport Authority from Better Airports, LLC, Walker AG Supply, LLC and Midwest Spray Service, LLC- Complainant· Delivered to Sponsor, the Wahoo Airport Authority, on September 22,2014- Docket: 16-14-08 

### 16Page 17 of32 Complainant Answer to Amended MotionbyRespondent for Extension ofTime to Answer Complaint FAADocket 

### No. 16-14-08 November 24, 2014

I hereby certified again as to delivery and content ofthis document this date byUSPS, First Class Mail to Respondent, and Priority Mail to the FAA Office ofthe ChiefCounsel, AGC-600, including attachments as shownbelow:

By: William Foster, agent for Complainant Manager, BetterAirports, LLC 4504 North Versailles Avenue, Dallas, TX 75205 FAA Docket 

### No. 16-14-08 November 24, 2014 Date

Attachments: CopyofRespondent Certificate ofService to William Foster Agent for Complainants

- Motion for an extension oftime to answer complainant (dated November 7, 2014). Copy ofRespondent Motion for an Extension oftime to answer complaint (not dated). Copy ofthe envelope postmarked PM ofNovember 10,2014, that the above documents were sent into William Foster, received onThursday, November 

### 13, 2014- six (6) days after Certificate ofService Date. Copy ofCertificate ofService of 14 CPRPart 16 Copyto Sponsor on September 22, 2014 Copy ofRespondent Certificate ofService to William FosterAgent for Complainants

- AmendedMotion for an extension oftime to answer complainant (dated November 18, 2014). A blind copyto Complainant ofRespondent Mr. Larry S. Kaplan Cover Letter to the Office ofthe ChiefConnsel, FAA AGC-600, for Amended Motion for an extension of time to answer the Complaint. Copy ofRespondent AmendedMotion for an Extension oftime to answer complaint (not dated). Copyofthe September 22, 2014 rescinded and cancelled agreement signedbythe Complaint is attached to this filed Answer to the amended Motion, from the Complaint.



# Bette~orts 13dkrAirports. LLC Fonnal Complaint Issues, Evidence, and Allegations against the Wahoo Airport Authority from Better Airports, LLC, Walker AG Supply, LLC and Midwest Spray Service, LLC- ComplainantDelivered to Sponsor, the Wahoo Airport Authority, on September 22,2014- Docket: 16-14-08 17Page 18 of32 Complainant Answerto AmendedMotionbyRespondent for Extension ofTime to Answer Complaint 

### FAA Docket No.16-14-08 November 24, 2014 Copy ofRespondent Certificate ofService to William Foster Agent for Complainants- Motion for an extension oftime to answer complainant (datedNovember 7, 2014, yet was served on November 10, 2014).



# Bett~orts Retter Airports, LLC Formal Complaint Issues, Evidence, and Allegations against the Wahoo Airport Authority from Better Airports, LLC, Walker AG Supply, LLC and Midwest Spray Service, LLC- ComplainantDelivered to Sponsor, the Wahoo Airport Authority, on September 22, 2014- Docket: 16-14-08 18Page 19 of32 Complainant Answer to Amended MotionbyRespondent for Extension ofTime to Answer Complaint 

### FAA Docket No.16-14-08 November 24, 2014 Copy ofRespondent Motion for an Extension oftime to answer complaint (with no date)-

**OOC~£T** NO. 16-14-08 MOTION FOR EXTENSION OC riME TO ANSWER THE COMPLAIN!

Now come-s fHt WAHOO Afi{POIU

**AIJ1'~tOR!T'f,** WAHOO MUN!C!f'Al AIRPORT, WAHOO NEBRASKA FAA Identifier: AHQ,

**(hereinaft~r** ·''WAHOO""} by

**~nO** thro-ugh its aplxHnted agents and tounsel, KAPt,AN, MASSAMILLO & ANOitf:WS, LLC, atKf hereby moves for an extensico uf time to answer tile Complaint tiled by the ComplainantsWalke-rAg Suppl•t, LlC Mtdwest Spray Services, LLC 3tld Better AJnlorts, tlCagent fur Complainants (herE?inafter "'COMPLAINT"/. In support ofthis Motion, WAHOO states as foliows.: l"he- COMPlAINfwtw served on V\I'AHOO 011 Octobt'r 30, 2014

2 The COMPlAINT mt::ludes nine hundred

**e~nd** seventeen 1,9'17,\ a-ccornparwirtg pages ofallegedly supporting documents 3 lhese documents make refereoce to numerous people whom COMPtAlNTANlS alft!'ge are knowledgeabteof the rele\•ant facts

**all~ged** in the COMPLAINT.
<1. In order for WAHOO and ito; counsel to make dihgent inquiry ot the persons referenced in

**th('~** documents prior to fillnfl arespmlse to fht!' COMPlAINT, WAHOO requests an EXTENSiON or liME fO A.N5WEH fHE

**COM~LAINT** 5. These documerth ars:o make fe<fereonc.-e to numerous daU·s, ev('nts and actions which must be dihgenHy imtestigated in orderto reasonabiv re:sPQnd to the COMPlAiNT.
6. !n Ofder for WAHOO and its counsel to be able to reasonably

**~vi-ew** and e>Jaluate the 917 p.agel> of l;i(l{:uments priorto fiting its ANSWER, WAHOO respectfully requests- that it b€given unul Dat:ember :19, 2014 to file its ANSWI:R to lf!e COMPlAJNi,

Larry Kap!<H1 ' ' K:JpltH\ Ma'ss.an'lll!p & Ar;dr<'w5 LLC



# Bett~orts Better Airport,. LLC Formal Complaint Issues, Evidence, and Allegations against the Wahoo Airport Authority from Better Airports, LLC, Walker AG Supply, LLC and Midwest Spray Service, LLC- ComplainantDelivered to Sponsor, the Wahoo Airport Authority, on September 22,2014- Docket: 16-14-08 19Page 20 of32 ComplainantAnswer to AmendedMotionbyRespondent for Extension ofTime to Answer Complaint 

### FAADocket No.16-14-08 November 24,2014 Copy ofthe envelope postmarked PM ofNovember 10,2014, when the Certificate ofService was Certified to be served on November 7, 2014, via U.S. mail three (3) days earlierthan fact, sent to William Foster, received on Thursday, November 13, 2014- six (6) days after Certificate ofService Date.



# Bett~rports Better Airports. LLC 0 H H <ii

**~** 

## " 

# " § 0 0 

### z 0 0 

## "" e 0

**~** 0 o($ z

**~** 0 0



### ~ **~** H H "

**~ ~**  ,:':J

**~**



## ~ g

**~** ;j

**~**

**~** 

# " 0

**~** 0

**~-1** ,; 

# " H 

# ' "· ;o

Formal Complaint Issues, Evidence, and Allegations against the Wahoo Airport Authority from Better Airports, LLC, Walker AG Supply, LLC and Midwest Spray Service, LLC- ComplainantDelivered to Sponsor, the Wahoo Airport Authority, on September 22, 2014- Docket: 16-14-08 20

### Page 21 of32 Complainant Answer to Amended Motion byRespondent for Extension ofTime to Answer Complaint FAADocket No. 16-14-08 November 24, 2014 Copy ofCertificate ofService of 14 CFRPart 16 Copy to Sponsor on September 22, 2014, by hand from Complainant.



## Bett;tAlrports Better

**Airport~,** LLC 

# , BetterAirports

federal A\iation Regulation- H CFRPart 16 FORMAL COMPLAINT AGAINST THE \VAHOO AIRPORT AURTHORITY WAHOO MUNICIPAL AIRPORT \VAHOO, NEBRASKA FAA Identifier: AHQ Certified Certificate ofService

I hereby certifythat Ihave this day served the foregoing Title 14. ChapterI Subchapter B, Part 16

- formal Complamt on thefollowing person at the following address, byHand

**Delive~:y:** TO: Ms. Meli<Sa Hanel! City ofWaho·o- City

**AdministratoiiCle~:kiTreasttm** Ex Officio ofthe Wahoo Airport Authority 605 NorthBroadwav \Vahoo. NE 68066 • Office Telephone402-443-3222
Dated !Iris 22nd day ofSeptember, 2014

WalkerLuedtke For Complainant Walker Ag Supply, LLC. Complainant Miffi>'<'st Spray Services, LLC, Complainant BetterAnports. LLC- Agent for Complamant

FOOI!.ll C«nplainl: llsuts. Ividexa and Alleguiom ag.tias.t 1M W.moo. Ailpon Authoriry from

**B~er ~.**  LLC. \\J'alkerAGSuwly. LLC mdMidwest Spray Smrk!!.LLC Sep1ember21, 1014

Formal Complaint Issues, Evidence, and Allegations against the Wahoo Airport Authority from Better Airports, LLC, Walker AG Supply, LLC and Midwest Spray Service, LLC- ComplainantDelivered to Sponsor, the Wahoo Airport Authority, on September 22,2014- Docket: 16-14-08 

### 21Page 22 of32 Complainant Answer to Amended MotionbyRespondent for Extension ofTime to Answer Complaint FAA Docket No. 16-14-08 November 24,2014 Copy ofRespondent Certificate ofService to William Foster Agent for ComplainantsAmended Motion for an extension oftime to answer complainant (dated November 18, 2014).

CFJlT!F!CATE OF SERVICE

/\mtmkd fvtori,)fl for a:n

**Ex~ension** ofTime 10

**An:;;·\vc~r** thl;': f',•mr,l"l"' nn the: follovdng entittes

**;~nd** pe0:on" at the

**fi··dtmvi~lg add:rcs5t~s**  by FcdEx

Offlc:;:.• of1hc

**C'hkJ(uwns~.,~l** Ali>t.>:ntion: FAi\_ Parl I6 Dockd Ctt:Yk, i\CiC 600 FcdcJ::tl A•,,iali<'rn

**Ad.mini~Jf'alicln** 1{()0 lrtdtpenJencc- Av1::nue SW

**\V;t~:hington,** DC 20591

\VHllm:n Foster Dn Comp•laitHm" Bti:!er U.C 450"1 North VcnmJHes

**Avcm~>c** Lhjhis. 

### rx 75205-,3015

**r~:le-p!w.n{:** Number

**Offic~c:** } 1 <- :-'.

**19-~0fffJ** Mobil{': 217-477-7077

**l',n~<t!i** f:i):;f!l,Hcl<crl\irvom

l)i'itc: kovcrnher lK 20l4



# Bett~rports Formal Complaint Issues, Evidence, and Allegations against the Wahoo Airport Authority from Better Airports, LLC, Walker AG Supply, LLC and Midwest Spray Service, LLC- ComplainantDelivered to Sponsor, the Wahoo Airport Authority, on September 22,2014- Docket: 16-14-08 Better Airports, LLC 22Page 23 of32 Complainant Answer to Amended MotionbyRespondent for Extension ofTime to Answer Complaint 

### FAA Docket No. 

### 16-14-08 November 24, 2014 Blind copy (Complainant was not noted to be a recipient) ofLetter from Respondent Mr. Larry S. Kaplan Cover Letter, to the Office ofthe ChiefCounsel, FAAAGC-600, for Amended Motion for an extension oftime to answerthe Complaint.

# Bett~rports Better Airports. LLC ,·dm·:.ti _-\\ i:tti;,r;

..\dwt·U·"J!' ;nc 6tNi indqxnden, c i\>.--0i\1H' '<\'<-' 'A ;"!s:,inr:tM;, {){_ ::n',i}]

'l,**~** lco,·.:r i'i ;,;Ji:r ·::,:;· '" ·Jw '\iJrHognv 'Y.iAllOf, Mi -'\t-V} F) \1ncndni \-i<.Jlin':l r";w sx J·A.kn<'• ·

'<C.\.:-'i-1'i.l iJq;_**---~ -h~'\i'k:-'**  ,\(; r:yp,? !. ·-or:rp.: ''"-''-!f'::.: IHl \\'.\.H<'<> ·\!.1\J·"{}R.'i'**\\-:-\)~{U.\** \t:i3i<_\S.i\ · '-""..-\ id<Ptdit::f i**~'~** nJt.:t('.?ltd**-:HHpi:Jil!~** '•V7!S

·-'1 u-. pn;·j.: tt**'~L** :,t1<l ,;,;·rnr.r: ilT- ,.'l,r;-,, ''"'' t(l t:uth'**!!<<'Cf\' t"-~:::r**  <}_ ?flH ttl :;,<.'TV(:

w::bi not

Formal Complaint Issues, Evidence, and Allegations against the Wahoo Airport Authority from Better Airports, LLC, Walker AG Supply, LLC and Midwest Spray Service. LLC- ComplainantDelivered to Sponsor, the Wahoo Airport Authority. on September 22,2014- Docket: 16-14-08 23Page 24 of32 Complainant Answer to Amended MotionbyRespondent for Extension ofTime to Answer Complaint FAADocket No. 16-14-08 November 24, 2014 Copy ofRespondent Amended Motion for an Extension oftime to answer complaint (not dated).

i'!I':SPONriENf 

### nn; 'i>MIOO AIRPORT AF!'!IORITV'S AMENI.l!Cl.> MOTION t'OII

**~:Xl'!''IS!ON** OF TIM!' TO ANSW!iJ< '!'Ill!: COMI'LA!Nl



# Bett~orts Better

**Airpor!~.** LLC **WMH~)** :\t!U'OHT AlifllORlTY,

**WA~KK)**

Formal Complaint Issues, Evidence, and Allegations against the Wahoo Airport Authority from Better Airports, LLC, Walker AG Supply, LLC and Midwest Spray Service, LLC- ComplainantDelivered to Sponsor, the Wahoo Airport Authority, on September 22,2014- Docket: 16-14-08 24

### " 

## "



## Bett:'Alrports Betler Airports, LLC 

### Page 25 of32 Complainant Answer to Amended MotionbyRespondent for Extension ofTime to Answer Complaint FAA Docket 

### No. 16-14-08 

### November 24, 2014

\h.

Formal Complaint Issues, Evidence, and Allegations against the Wahoo Airport Authority from Better Airports, LLC, Walker AG Supply, LLC and Midwest Spray Service, LLC- ComplainantDelivered to Sponsor, the Wahoo Airport Authority, on September 22,2014- Docket: 16-14-08 

### 25Page 26 of32 Complainant Answer to Amended MotionbyRespondent for Extension ofTime to Answer Complaint FAA Docket No. 16-14-08 November 24, 2014

10

------------REMAINING PAGE INTENTIONALLY LEFT BLANK-------



# Bett~irports Better Airports, LLC Formal Complaint Issues, Evidence, and Allegations against the Wahoo Airport Authority from Better Airports, LLC, Walker AG Supply, LLC and Midwest Spray Service, LLC- ComplainantDelivered to Sponsor, the Wahoo Airport Authority, on September 22,2014- Docket: 16-14-08 26

### Pages 27, 28, 29, 30, 31, and 32 of32 Complainant Answerto Amended Motion byRespondent for Extension ofTime to Answer Complaint FAADocket No. 16-14-08 

### November 24,2014 Complainant rescinded and cancelled, VIA email to Respondent, the May of 2014 offer for electronic filing of documents and communications, on September 22, 2014 the same day the Complainantpersonally delivered the Formal Complainant to theRespondent. A copy of the email and the rescindedandcancelledagreementsigned by the Complaint is attached to thisfiledAnswer to the amendedMotion,from the Complaint.
From: William Foster- Better Airports, LLC <Fiy@BetterAirports.com>
To: harrell@wahoo.ne.us Cc: cornwalker@wahoo.com, Fly@BetterAirports.com Date: Monday, September 22, 2014 08:01am [ add to contacts ]

COMPLAINANT RESCINDS AGREEMENT- For FAA to send and receive electronic mail with the Sponsor, that was Subject: to be approved in writing by the parties. Better Airports, LLC is filing a Formal Complaint with the FAA in the coming weeks. The complaint is against 

### September 22, 2014

RE: Complainant did notreceive a reply from Sponsor's request to agree to receive electronic documents from the FAA, therefore the Complainantrescinds the Complainant's executed agreement they email to Sponsor on May 15,2014.

Ms. Melissa Harrell,

We did not receive a reply from you, the Wahoo Municipal Airport Sponsor, to ourrequest to agree to receive electronic documents from the FAA, therefore the Complainantrescinds the Complainant's executed agreement they email to Sponsor on May 15, 2014.
Attached in a copy ofthe agreement we have now rescinded and voided.

Thank you,
William H. Foster, III



# Bett~rports Bcuer

**Airp<.ll-1~.** LLC Formal Complaint Issues, Evidence, and Allegations against the Wahoo Airport Authority from Better Airports, LLC, Walker AG Supply, LLC and Midwest Spray Service, LLC- Comphrinant • Delivered to Sponsor, the Wahoo Airport Authority, on September 22,2014- Docket: 16-14·08 

### 27"To Enhance Air Service at CommunityAirports inthe USA, Canada, andthe UK." BetterAirports, LLC 4504 NorthVersailles Avenue Dallas, Texas 75205 Office 214.219.5000 Fax 214.219.6000 www.BetterAirports.com Email- Fly@BetterAirports.com This email and any attachments are confidential to the intended recipient and may also be privileged. Ifyou are not the intended recipientplease delete it from your system and notifythe sender.You shouldnot copyit oruse it for anypurpose nor disclose ordistribute its contents to any otherperson.

-----Original Message----- From: William Foster- BetterAirports, LLC [mailto:Fiy(?uBetterAirporls.com] Sent: Thursday, May 15, 2014 12:32 PM To: hanell(a)wahoo.ne.us Cc: 9-A WA-AGC-Part-16@faa.gov, Fly@BetterAirports.com Subject: ForFAA to send and receive electronic mail with the parties, it is to be approved in writing bytheparties. BetterAirports, LLC is filing a Formal Complaint with the FAA inthe coming weeks. The complaint is against the Sponsor ofthe Wahoo Municipal A

Lastsendhadan incorrect "cc:" email address for the FAA, one letter was wrong, resending. Thankyou, William Faster, with BetterAirports, LLC
May 15,2014

Ms. Melissa Harrell Sponsor Representative Wahoo Airport Authority Ex-Officio CityAdministrator/Clerk/Treasurer Wahoo, Nebraska 

## Bett£lirports Betler Airporls. LLC Fonnal Complaint Issues, Evidence, and Allegations against the Wahoo Airport Authority from Better Airports, LLC, Walker AG Supply, LLC and Midwest Spray Service, LLC- ComplainantDelivered to Sponsor, the Wahoo Airport Authority, on September 22,2014- Docket: 16-14-08 28

### harrell@wahoo.ne.us

Ms. Melissa Harrell, BetterAirports, LLC is filing a Formal Complaint with the FAA in the coming weeks. The complaint is against the Sponsor ofthe Wahoo Municipal Airport, Wahoo, Nebraska. For FAAto send and receive electronic mail with the parties, it is to be approved in writing by the parties.

As ofNovember 12,2013 the FAAhas changed Part 16, Formal Complaintrequirements to "reflect changes in applicable laws andregulations, and to apply lessons learned since the existing rules (14 CFR-Part 16] were implemented in 1996." The new definition of"mail"perFAAregulations now includes email, effective November 12, 2013, as stated by the FAA:

"Mail

### means U.S. first class mail; U.S. certified mail; and U.S. express mail. Unless otherwise noted, mail also means electronic mail containing PDF copies ofpleadings or documents required herein
....
This action updates, simplifies, and streamlines rules ofpractice and procedure for filing and adjudicating complaints against federally-assisted airports. It

### improves efficiency by enabling parties to file submissions with the Federal Aviation Administration (FAA) electronically, and by incorporating modembusiness practices into how the FAAhandles complaints. This amendment is necessary to reflect changes in applicable laws and regulations, and to apply lessons learned since the existing rules were implemented in 1996."
Attached is an agreement we have signed for you to review, for the parties to accept electronic mail from and to the FAA, in regard to said Formal Complaint. Upon your approval to allow the FAAto use electronic mail to send and receive documents to you (Sponsor), please sign and email back to me attached agreement. I will email onto 9- AWA-AGC-Partl6@faa.gov, the Office ofthe ChiefCounsel, FAA Part 16 Docket Clerk, AGC-600, Federal Aviation Administration and ofcourse will cc you as well.



# Bett~orts Better Airports. LLC Formal Complaint Issues, Evidence, and Allegations against the Wahoo Airport Authority from Better Airports, LLC, Walker AG Supply, LLC and Midwest Spray Service, LLC- ComplainantDelivered to Sponsor, the Wahoo Airport Authority, on September 22,2014 ·Docket: 16-14-08Please "Reply All" acknowledge receipt ofthis email, and return agreement byMay21,2014.

Thank: you,



### lSI

William H. Foster, III "To Enhance Air Service at CommunityAirports in the USA, Canada, and the UK" BetterAirports, LLC 4504 North Versailles Avenue Dallas, TX 75205 (0) 214.219.5000 (F) 214.219.6000 Web page: www.BetterAirports.com E-mail: Fly@BetterAirpmts.com



# Bette~orts Bener Airports. LLC Fonnal Complaint Issues, Evidence, and Allegations against the Wahoo Airport Authority from Better Airports, LLC, Walker AG Supply, LLC and Midwest Spray Service, LLC- ComplainantDelivered to Sponsor, the Wahoo Airport Authority, on September 22,2014- Docket: 16-14-08 30Better Airports, LLC 4504 North Versailles Avenue Dallas, TX 75205 William Foster- Manager Office Telephone: 214-219-5000 Email: Fly@BetterAirports.com

**~** Rescinded By Complainant on September 22, 2014 by email to Ms. Harrell
Ms. Melissa Harrell Wahoo Airport Authority Ex-Officio City Administrator/Clerk/Treasurer ofWahoo, Nebraska City Hall 605 Not1h Broadway Wahoo, NE 68066 Sent VIA Email to: harrell@wahoo.ne.us

RE: Better Airports, LLC is filing a Formal Compi n the coming weeks.
Ms. Melissa Harrell,
Better Airports, LLC is filing a Form the FAA in the coming weeks.
ahoo Municipal Airport, Wahoo, Nebraska.
For FAA to send and rec parties. mail with the parties, it is to be approved in writing by the

The Back Ground Here is the background according to the FAA: As of November 12, 2013 the FAA has changed Part 16, Formal Complaint requirements to "reflect changes in applicable laws and regulations, and to apply lessons \eamed since the existing rules (14 CFR-Part 16] were implemented in 1996."
The new definition of "mailing" per FAA regulations now includes email, effective November 12, 2013, as stated by the FAA:

6<rttetAirp<>rt$,UC 4504 North V.,,.,-ailiE$ AV<!MUE Dallas, lX 7S20S

**~!yf&@e:tttrAi•wrtg<>oo** 1

**WilllamF<>n~r** Manager M-214-477-7077 0- 214-219-5000



# Bettf'korts Formal Complaint Issues, Evidence, and Allegations against the Wahoo Airport Authority from Better Airports, LLC, Walker AG Supply, LLC and Midwest Spray Service, LLC- ComplainantDelivered to Sponsor, the Wahoo Airport Authority, on September 22,2014- Docket: 16-14-08 Bet1er Airports. l.LC 

### 31Page 2 May 15,2014 Agrees to allow FAA To submit/Receive Electronic Mail**'~Mail** means U.S. first class mall; U.S. certified mail; and U.S. express mail. Unless otherwise noted, mail also means electronic mail containing PDF copies of pleadings or documents required herein

.... This action updates, simplifies, and streamlines rules of practice and procedure for filing and adjudicating complaints against federally-assisted airports. It improves efficiency by enabling parties to file submissions with the Federal Aviation Administration (FAA) electronically, and by incorporating modern business practices into how the FAA handles complaints. This amendment is necessary to reflect changes in applicable laws and regulations, and to apply lessons learned since the existing implemented in 1996." Taken from the Federal Aviation Administration 14 CFR 0176; Amendment No.**16~1** regulations requires parti mail as a form of "mai1'1 the FAA can send and recei
The Respondent (Sponsor of the Wahoo Munici for) acknowledge agreement to accept electron the Complainant (Better Airports, LLC Complaint, by signing below. Agreed: Sponsor1s Representative

VOID By: Ms. Melissa Harrell Wahoo Airport Authority Ex-Officio City Administrator/Clerk/Treasurer of Wahoo, Nebraska
Complainant's Representative

By: William Foster Manager1 Better AirportS 1 LLC 2 S-etterAUports, ltC Dallas,n: 75:205 VOID Date:

Date:

wm1am Foster**M'ln~..,..­** M-214-4n-7077 0-214-219-5000

# Bett~irports Better Airport-;, LLC Formal Complaint Issues, Evidence, and Allegations against the Wahoo Airport Authority from Better Airports, LLC, Walker AG Supply, LLC and Midwest Spray Service, LLC- ComplainantDelivered to Sponsor, the Wahoo Airport Authority, on September 22,2014- Docket: 16-14-08 32