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Q 

US Department 800 Independence Ave., S.W. 

Of Transportation Washington, D.C. 20591 

Federal Aviation 

Administration 

Mr. Shaun Debenham >^ 

Managing Member of RDM, LLC 

2960 C Street, Suite 202 

Anchorage, AK 99503 

- 1 1 

RE: RDM, LLC v. Ted Stevens Anchorage International Airport, FAA Docket No. 16^09-11 § 

Dear Mr. Debenham: 

The abovementioned complaint filed by you under the Rules of Practice for Federally Assisted 

Airport Enforcement Proceedings, Title 14, Part 16 of the Code of Federal Regulations ("14 CFR 

Part 16" or "Part 16") is dismissed without prejudice because it is incomplete. See, 14 CFR § 16.27. 

The complaint, filed by you as a member of Debenham Properties, LLC, and managing member of 

RDM, LLC, (RDM or the Complainant) alleges that the Ted Stevens Anchorage International 

Airport (TSAIA, the Respondent or the airport sponsor) has failed to comply with Grant Assurance 

No. 22, Economic Nondiscrimination; and Grant Assurance No. 23, Exclusive Rights.^ 

The complaint has been determined to be incomplete for the following reasons: 

1. The complaint does not certify as required by 14 CFR § 16.21 (b) that any attempt at 

pre-complaint resolution was made by you with the airport sponsor. Furthermore, a 

complaint will not be considered unless the person or authorized representative filing the 

complaint certifies that substantial and reasonable good faith efforts to resolve the disputed 

matter informally prior to filing the complaint has been made. The complaint contains no 

such certification. See also, § 16.21 (a) 

2. Section 16.23(a) of Part 16 prescribes that a person directly and substantially affected 

by any alleged noncompliance may file a complaint with the Administrator. The complaint 

fails to describe how RDM was directly and substantially affected by any alleged 

noncompliance by the Respondent. The complaint does not describe how the Complainant 

was directly and substantially affected by the things done or omitted to be done by the 

Respondent as required by 14 CFR § 16.23(b)(4). 

3. The complaint does not show that RDM has standing to file this complaint. The 

complaint fails to adequately provide evidence of RDM ownership in AGLAD. You allege in 

Complainant alleges that the Airport Sponsor violated 49 U.S.C. § 47107(a). 
your introduction to the complaint that RDM is a member of AGLAD Postmark, LLC but 

you do not include evidence of such membership. Exhibit A at Tab 2 of the complaint does 

not provide proof that RDM has an ownership interest in AGLAD. A person must have 

standing (i.e., inter alia, be directly and substantially affected by any alleged noncompliance) 

in order to file a complaint with the Administrator as required by 14 CFR § 16.23(a). 

4. Pursuant to 14 CFR § 16.23(b)(2) complaints filed under this part shall state, "...with 

respect to each person [airport sponsor], the specific provisions of each Act that the 

complainant believes were violated." Act means each provision of law for which the airport 

sponsor was granted federal financial funds or the conveyance of federal property which 

obligated the sponsor to certain terms and conditions. For example, an airport receiving 

federal financial assistance through the Airport Improvement Program are obligated to 

comply with Grant Assurance 22, Economic Nondiscrimination, which implements 

provisions of 49 U.S.C. § 47107(a)(1) and requires the airport sponsor to make the airport 

available for public use on reasonable terms and without unjust discrimination. This 

requirement provides for clarity as to the allegations that a respondent must respond to, and 

the agency investigate. The complaint cites that "RDM alleges that TSAIA has violated Title 

49 United States Code §47107 (a) General Written Assurances because TSAIA has engaged 

in economic discrimination," is inadequate as a citation to the specific provisions of each Act 

that the Complainant believes were violated. 

ORDER 

Based on the foregoing, your complaint is dismissed pursuant to 14 CFR § 16.27 without prejudice, 

for procedural deficiencies. 

FAA Docket No. 16-09-11 is hereby closed. You may file a new complaint after correcting the 

deficiencies stated herein. If you have amy questions on this matter please contact Mr. Charles 

Erhard at (202) 267-3187. 

landall Fiertz Date ' 

Director, Office of Airport Compliance 

and Field Operations 
CERTIFICATE OF SERVICE 

I HEREBY CERTIFY that on October //p , 2009,1 caused to be placed in the United States 

mail (first class mail, postage paid) or personally delivered, a true copy of the foregoing document 

addressed to: 

Mr. Shaun Debenham 

Managing Member of RDM, LLC 

2960 C Street, Suite 202 

Anchorage, AK 99503 

Christine E. Klein, AAE 

Deputy Commissioner for Aviation and Acting Airport Director 

Ted Stevens Anchorage International Airport 

PO Box 196960 

Anchorage, AK 99519-6960 

FAA Part 16 Airport Proceedings Docket (AGC-610) 

Airport Compliance Division 

Office of Airport Compliance and Field Operations 

ACO-lOO