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Testimony: 

Before the Subcommittee on Aviation, House Committee on Transportation 
and Infrastructure: 

United States Government Accountability Office: 

GAO: 

For Release on Delivery Expected at 10:00 a.m. EDT: 

Wednesday, April 20, 2005: 

Air Traffic Control: 

Preliminary Observations on Commercialized Air Navigation Service 
Providers: 

Statement of Gerald L. Dillingham, Ph.D., Director, Physical 
Infrastructure Issues: 

GAO-05-542T: 

GAO Highlights:

Highlights of GAO-05-542T, a testimony before the Subcommittee on 
Aviation, Committee on Transportation and Infrastructure, House of 
Representatives:

Why GAO Did This Study:

In the past, governments worldwide owned, operated, and regulated air 
navigation services, viewing air traffic control as a governmental 
function. But as nations faced increasing financial strains, many 
governments decided to shift the responsibility to an independent air 
navigation service provider (ANSP) that operates along commercial 
lines. As of March 2005, 38 nations worldwide had commercialized their 
air navigation services, fundamentally shifting the operational and 
financial responsibility for providing these services from the national 
government to an independent commercial authority.

GAO selected five ANSPs-in Australia, Canada, Germany, New Zealand, and 
the United Kingdom-to examine characteristics and experiences of 
commercialized air navigation services. These ANSPs used different 
ownership structures and varied in terms of their size, amount of air 
traffic handled, and complexity of their airspace.

This testimony, which is based on ongoing work, addresses the following 
questions: (1) What are common characteristics of commercialized ANSPs? 
(2) What do available data show about how the safety, cost, and 
efficiency of air navigation services have changed since 
commercialization? (3) What are some initial observations that can be 
made about the commercialization of air navigation services?

What GAO Found:

The five commercialized ANSPs that GAO selected for review have a 
number of common characteristics: Each operates as a business, making 
and carrying out its own strategic, operational, and financial 
decisions. Each generates and manages its own revenue to cover its 
costs, charging fees to users and borrowing funds from private markets 
instead of relying on annual governmental appropriations. Each has also 
put commercial financial and performance data systems in place. All 
five ANSPs have retained safety as their primary goal, and each is 
subject to some external safety regulation. Each ANSP is largely a 
monopoly provider of air navigation services and undergoes some form of 
economic review or follows some guidelines for setting prices.

The ANSPs report that, since commercialization, each has maintained 
safety, controlled costs, and improved efficiency. Data from all five 
indicate that safety has not eroded. For example, data from New Zealand 
and Canada show fewer incidents involving loss of separation (the 
required distance between an aircraft and another object). All five 
ANSPs have taken steps, such as consolidating facilities, to control 
their operating costs. Finally, all five ANSPs have invested in new 
technologies that the ANSPs say have lowered their costs by increasing 
controllers' productivity and produced operating efficiencies, such as 
fewer or shorter delays. Such measures have generally resulted in lower 
fees for major carriers, but some smaller, formerly subsidized users 
now pay new or higher fees and are concerned about future costs and 
service.

GAO's work to date suggests a number of observations about 
commercialized ANSPs: A contingency fund can help an ANSP cover its 
costs without greatly increasing user fees during an economic decline; 
economic regulation by an independent third party can ensure that an 
ANSP sets prices fairly; providing a forum for stakeholders gives 
attention to their needs; and special measures may be necessary to 
reconcile the inability of some users to pay the full costs of services 
at some small communities and the ANSP's need to recover its costs.

Size and Scope of Five Commercialized ANSPs Reviewed:

[See PDF for image]

Source: GAO presentation of data from ANSPs.

[End of figure]

www.gao.gov/cgi-bin/getrpt?GAO-05-542T.

To view the full product, including the scope and methodology, click on 
the link above. For more information, contact Gerald L. Dillingham, 
(202) 512-2834, dillinghamg@gao.gov.

[End of section]

Mr. Chairman, Ranking Democratic Member, and Members of the 
Subcommittee: 

Thank you for the opportunity to testify before you today on our work 
related to commercialized international air navigation service 
providers (ANSP). Since 1987, 38 nations have commercialized their air 
navigation services, fundamentally shifting the responsibility for 
providing air navigation services from the national government to an 
independent ANSP that operates as a performance-based organization 
along commercial lines.[Footnote 1] In the United States, of course, 
the Federal Aviation Administration's Air Traffic Organization was 
created as a performance-based organization in 2000, but has not been 
commercialized and remains entirely within the federal government. 

In the past, governments worldwide owned, operated, and regulated air 
navigation services, viewing them as a governmental function. But as 
air navigation technologies grew more complex and as nations faced 
increasing financial strains, many governments reevaluated existing 
structures for providing air navigation services, and some decided that 
shifting the responsibility for operating and, in some cases owning, 
the services to an independent commercial authority could produce 
efficiencies that would benefit both users and the government. In 
general, the responsibility for regulating the safety of the services 
is independent of the ANSP. 

Today I will discuss how different countries have commercialized their 
air navigation services and how commercialization has affected those 
services. Specifically, my statement addresses the following questions: 

* What are common characteristics of commercialized ANSPs?

* What do available data show about how the safety, cost, and 
efficiency of air navigation services have changed since 
commercialization?

* What are some initial observations about the commercialization of air 
navigation services?

To address these questions, we reviewed the characteristics and 
performance of five ANSPs, which we selected as illustrative of 
similarities and differences in the size and scope of commercialized 
ANSPs. These ANSPs--Australia's Airservices Australia; Canada's NAV 
CANADA; Germany's Deutsche Flugsicherung GmbH (DFS); New Zealand's 
Airways Corporation of New Zealand, Ltd; and the United Kingdom's (UK) 
National Air Traffic Services, Ltd. (NATS)--were commercialized between 
1987 and 2001 and have been operating ever since as performance-based 
organizations along commercial lines. Because of the size of our 
sample, our results cannot be generalized to other commercialized 
ANSPs, and our purpose is not to assess or evaluate the selected 
commercialized organizations. 

Comparisons of performance before and after commercialization are 
generally not feasible because data for assessing performance are 
typically unavailable for the time before commercialization, or the 
measures have changed in the years following commercialization. 
Furthermore, comparisons between or among ANSPs are difficult because 
each ANSP may define its measures of cost, safety, and performance 
differently. We did not verify the data gathered and reported by the 
five ANSPs; however, their financial information is subject to 
independent audits, and their safety and operating performance data are 
publicly reported. As a result, we considered the data sufficiently 
reliable for the purposes of our review. The information presented in 
this testimony is based on ongoing work and may be updated as 
additional information becomes available. At the request of the Senate 
Committee on Commerce, Science, and Transportation, its Subcommittee on 
Aviation, and Senators John McCain and Trent Lott, we are planning to 
issue a more detailed report later this year on the topics discussed in 
this testimony. We performed our work in accordance with generally 
accepted government auditing standards from August 2004 through April 
2005. 

Let me turn now to the results of our review. In summary: 

The five commercialized ANSPs that we selected for review have a number 
of common characteristics: Each operates as a business rather than a 
government organization, making and carrying out its own strategic, 
operational, and financial decisions. Additionally, each generates and 
manages its own revenue to cover its operating and capital costs. Each 
assesses fees on users of air navigation services (e.g., major 
commercial air carriers, regional air carriers, and in some cases 
general aviation operators) and is able to borrow funds from private 
markets, instead of relying on annual appropriations from the 
government. All five ANSPs have retained safety as their primary goal, 
and each is subject to some external safety regulation. Finally, each 
ANSP is largely a monopoly provider of air navigation services and 
undergoes some form of economic review or follows some guidelines for 
setting prices. 

Available data from the five ANSPs we reviewed indicate that since 
commercialization, the safety of air navigation services has remained 
the same or improved, each has taken steps to control costs, and each 
has reportedly lowered costs and improved efficiency through 
modernization. Though some opponents have raised concerns that 
commercialization would compromise safety, data from all five indicate 
that safety has not eroded. For example, data from New Zealand and 
Canada show fewer incidents involving loss of separation (the required 
distance between an aircraft and another object). Additionally, 
anecdotal information suggests that safety regulation improved when the 
regulator was separated organizationally from the ANSP. All five ANSPs 
have taken steps to control their operating costs, whether by 
eliminating some administrative and middle management positions or by 
consolidating facilities. Furthermore, all five ANSPs have invested in 
and benefited from new technologies and equipment, which the ANSPs say 
have lowered their costs by increasing controllers' productivity and 
produced operating efficiencies, such as fewer or shorter delays. As a 
result, some ANSPs have been able to lower the prices they charge the 
airlines for certain services. However, the ANSPs have also instituted 
or increased fees for general aviation operators. In Australia, a 
government subsidy for services to smaller airports is scheduled to 
expire later this year, raising concerns about the affordability and 
availability of services to those airports. 

Our work to date suggests a number of initial observations about 
commercialized ANSPs. First, having a contingency fund or other 
mechanism to offset a revenue shortfall can help an ANSP weather a 
decline in air traffic such as the aviation industry experienced, 
particularly after September 11, 2001. Second, because the ANSPs are 
largely monopoly providers of air navigation services, economic 
monitoring or regulation by an independent third party can protect 
users and ensure a fair pricing process. Third, addressing the concerns 
of stakeholders, especially air traffic controllers, is essential to 
initiate and sustain commercial operations, and providing a forum for 
communication can ensure subsequent attention to their needs and 
priorities. Fourth, the conflict between the inability of some users 
(e.g., smaller air carriers or general aviation operators) to pay the 
full costs of providing services to small communities and the ANSPs' 
need to recover their costs means that special measures may be 
necessary to protect service to some locations. Fifth, when a 
government sells its interest in an ANSP to private investors as part 
of the commercialization, the ANSP's assets have to be appropriately 
valued to protect taxpayer interests and create a basis for sound 
financial decision-making. Sixth, when operations are separated from 
regulation during commercialization, it is important to ensure that the 
regulator can attract and retain sufficient personnel with the skills 
and expertise needed to provide uninterrupted safety regulation. 
Finally, developing baseline safety, cost, and efficiency measures 
prior to commercialization will allow the ANSP and others to compare 
the performance of the ANSP before and after commercialization and over 
time. 

Background: 

Before commercialization, air navigation services under government 
control faced increasing strain. Many were underfunded, as evidenced by 
air traffic controller wage freezes and insufficient funds to replace 
aging technologies. In some instances, the country as a whole faced 
widespread fiscal problems and the commercialization of air navigation 
services was simply part of a larger movement to reform government 
enterprises such as rail, telecommunications, and electricity. 

With commercialization, the government typically retains full or 
partial ownership of the air navigation system and continues to 
regulate operational safety,[Footnote 2] but an independent ANSP is 
responsible for operating the system. The independent ANSP is subject 
to corporate financial and accounting rules and, in line with today's 
current management theories, is generally designed as a performance-
based organization--that is, an organization that develops strategies, 
goals, and measures and gathers and reports data to demonstrate its 
performance. In the five countries whose air navigation services we 
reviewed, the ANSP continued to provide nationwide services after 
commercialization and, with certain exceptions, remained the sole 
provider of air navigation services. 

Each ANSP offers en route, approach control, and terminal air traffic 
services. However, in some cases, an ANSP may not be the sole provider 
of approach control and terminal services in a country. Although 
technical definitions may vary slightly among ANSPs, these services 
broadly correspond to the services provided in U.S. air traffic 
centers, approach control centers, and towers. All but Germany's DFS 
also offer oceanic air navigation services. All five ANSPs are 
responsible for providing air traffic services to both civil and 
military aviation. In addition, the ANSPs may offer other air-
navigation-related services, such as meteorological services, fire and 
rescue, training, and consulting. The ANSPs also charge for these 
services.[Footnote 3]

Discussions about the commercialization of air navigation services 
often use a number of terms interchangeably. Among these terms are 
restructuring, privatization, outsourcing, and corporatization, as well 
as commercialization. The Civil Air Navigation Services Organization 
(CANSO), which represents the interests of ANSPs worldwide, uses the 
term corporatization. Others, such as the International Civil Aviation 
Organization (ICAO), which establishes international civil aviation 
standards and recommends practices and procedures for ANSPs, use the 
term commercialization. Some note that an organization can be 
"commercialized" but not "corporatized" (i.e., established under 
prevailing company law). For this statement, we will use 
"commercialization."[Footnote 4]

Two of the countries we examined-Germany and the UK-are members of the 
European Union and EUROCONTROL.[Footnote 5] As parties to these 
international organizations, the two countries follow the policies and 
regulatory framework of the European Commission's "Single European Sky" 
initiative.[Footnote 6] Under this initiative, EUROCONTROL is mandated 
to develop implementing rules, one of which specifies that each member 
state is to develop an independent safety and economic regulatory 
authority to oversee the ANSP. To this end, Germany is planning to 
develop such an authority, and the UK has already established one. 
Table 1 summarizes information on the size and scope of the five ANSPs 
in our review: 

Table 1: Summary Information on Five Commercialized ANSPs Reviewed: 

Agency; 
Australia: Airservices Australia; 
Canada: NAV CANADA; 
Germany: Deutsche Flugsicherung GmbH (DFS); 
New Zealand: Airways Corporation of New Zealand, Ltd; 
United Kingdom: National Air Traffic Services, Ltd. (NATS). 

Year of commercialization; 
Australia: 1988; 
Canada: 1996; 
Germany: 1993; 
New Zealand: 1987; 
United Kingdom: 2001. 

Type of ownership; 
Australia: Wholly government-owned; 
Canada: Privately owned company; 
Germany: Wholly government-owned; 
New Zealand: Wholly government-owned; 
United Kingdom: Partially government-owned. 

Approximate number of employees (Number of controllers); 
Australia: 2,900; (1,100); 
Canada: 5,400; (2,300); 
Germany: 5,400; (2,098); 
New Zealand: 680; (340); 
United Kingdom: 3,758; (1,380). 

Approximate number of aircraft movements handled (Year); 
Australia: 2,723,828; (2004); 
Canada: 6,000,000; (2003); 
Germany: 2,720,000; (2004); 
New Zealand: 1,004,161; (2004); 
United Kingdom: 2,000,000; (2004). 

Source: GAO presentation of data from ANSPs. 

[End of table]

Common Characteristics of Five Commercialized ANSPs: 

The five commercialized ANSPs that we reviewed have a number of common 
characteristics: All operate as businesses rather than as government 
organizations, all focus on safety, and all are largely monopoly 
providers that are subject to some form of economic review or 
guidelines for setting prices. 

Five Commercialized ANSPs Operate as Businesses: 

All five commercialized ANSPs operate as businesses, although they 
differ somewhat in their ownership structures. (See table 1.) Three of 
the five--Airservices Australia, Airways Corporation of New Zealand, 
and DFS--are currently state-owned corporations--that is, companies 
wholly owned by the government. The UK's National Air Traffic Services 
(NATS) is a public-private partnership, that is, a cooperative venture 
between the public and private sectors that is designed to meet defined 
public needs with the risks and rewards divided between both parties. 
The government holds the largest share of NATS (49 percent), and the 
remaining shares are divided among a consortium of seven UK airlines 
(42 percent), NATS staff (5 percent), and a private airport 
company[Footnote 7] (4 percent). By 2006, Germany plans to change the 
ownership of DFS, selling 74.9 percent of its equity to private 
investors and reorganizing it as a public-private partnership, along 
the lines followed in the UK. NAV CANADA is a nonshare capital, private 
corporation--that is, it has "members" instead of shareholders. These 
members represent the airline industry, the government, and general and 
business aviation, and they also include employees such as air traffic 
controllers and engineers. 

ANSPs Make and Execute Their Decisions and Follow Corporate Practices: 

Each ANSP makes and carries out its own strategic, operating, and 
financial decisions. A supervisory board oversees policy making and 
operations and, when applicable, has fiduciary responsibilities to 
shareholders. The members of this board may represent key stakeholders, 
such as the airlines, employees, general aviation, and the national 
government. An executive officer implements the board's policies and is 
in turn, accountable to the board. Individual business units within the 
ANSP report to the executive officer and are directly responsible for 
various aspects of the ANSP's day-to-day operations. 

As commercial organizations, the ANSPs follow corporate practices. Each 
ANSP has established performance measures and gathers and reports 
financial and other performance data. Each ANSP also publishes an 
annual report, which makes financial information available to the 
public to ensure transparency. Financial statements are typically 
subject to third-party audit to ensure that adequate accounting records 
have been maintained and that internal controls have prevented and 
detected any fraud and error in the accounting policies and estimates. 
In addition, the UK and Germany report their data to EUROCONTROL's 
Performance Review Commission, which collects data for benchmarking and 
publishes comparative studies of members' performance. 

Before commercialization, two of the five ANSPs "purchased" the ANSP 
assets from their government. NAV CANADA negotiated a selling price 
with the Canadian government, rather than going through a formal 
competitive bidding process, and purchased the air navigation system in 
1996 for C$1.5 billion.[Footnote 8] In the UK, according to information 
from the National Audit Office, a collection of seven UK airlines known 
as "The Airline Group" provided £795 million of funds, partly from its 
own resources (£65 million) and from a loan taken out with a consortium 
led by four main banks. The group used these funds to acquire NATS and 
meet associated transaction costs, leaving £3.5 million of cash in the 
business. In total, the government received £758 million in cash 
proceeds from the transaction.[Footnote 9]

ANSPs Generate Revenue and Have Borrowing Authority: 

All five commercialized ANSPs rely on user charges as their primary 
source of revenue and on private capital markets for additional 
funding. Before commercialization, governments funded air traffic 
control services through annual appropriations from their national 
government. 

All five ANSPs collect and manage their own revenues, charging fees for 
services. Their air navigation service fees are based on ICAO's cost 
recovery principles, which call for recovering the ANSP's operating 
costs.[Footnote 10] Despite some variation across ANSPs, the fees are 
generally as follows: 

* The air navigation fees cover operating and capital costs associated 
with both en route and terminal services. These charges are based on a 
weight-distance formula.[Footnote 11] If applicable, ANSPs also levy 
charges for oceanic control. 

* ANSPs may also charge for tower-related services. However, not all 
ANSPs are the sole providers of tower services. In the UK and Germany, 
for example, private firms may provide tower services. These tower 
charges are distinct from the landing fees typically charged by 
airports, which are usually weight-based. 

* ANSPs may charge general aviation operators a flat fee for services 
or additional fees in particular circumstances rather than charging the 
weight-distance fees typically assessed to larger air carriers. 

* ANSPs may also charge additional fees, as applicable, for other 
services, such as meteorological, aeronautical information, training, 
and consulting services. 

The five ANSPs vary in their treatment of any operating profits or 
losses. If an ANSP generates revenues from charges in excess of its 
costs (i.e., operating profits), it may rebate them to the users, lower 
the charges for the next year, pay some form of dividend to 
shareholders, or retain them in reserve to protect against future 
losses. If costs exceed revenues, ANSPs use different strategies to 
meet those shortfalls. For example, NAV CANADA established a "rate 
stabilization fund," which it used to store revenues when the aviation 
industry was healthy. The fund could then be used to cover costs and 
keep rates stabilized when the industry was ailing. The fund was 
capitalized by operating profits earned before September 11, 2001, but 
depleted following the economic downturn caused by the events of 
September 11 and the SARS outbreak of 2003.[Footnote 12] In 2003, the 
rate stabilization fund had reached a cumulative deficit of C$116 
million. According to NAV Canada's 2004 annual report, the C$116 
million deficit has been reduced to C$32 million. In the UK, NATS, 
which experienced a major decline in transatlantic traffic after 
September 11, first obtained a 60 million short-term loan from its 
lending banks and then refinanced, bringing in a new equity partner 
(BAA, plc.)[Footnote 13]

To pay for capital projects, the five ANSPs can either use current 
operating revenues or borrow funds. Before commercialization, the ANSPs 
relied on annual appropriations for capital projects; now, all five can 
borrow funds through access to private capital and debt financing. For 
example, NAV CANADA can seek debt financing in private markets. NAV 
CANADA has a borrowing capacity of C$2.9 billion. In Germany, DFS 
mainly finances its capital expenditures by drawing on a capital market 
program, which issues short-, medium-, or long-term notes (i.e., debt 
issuance and commercial paper) each amounting to € 500 million for a 
total of € 1 billion to private investors in the market. DFS can also 
draw on an annual credit line of €161 million from its bank. 

ANSPs Have Mechanisms for Stakeholder Involvement and Communication: 

Stakeholders, including employees, as well as the airlines, general 
aviation operators, airports, the government, the public, and others, 
may be involved in their ANSP through a variety of mechanisms. In 
Europe, for example, the Single European Sky initiative directs member 
states to establish a consultation mechanism for involving 
stakeholders. Germany and the UK have followed this direction by 
including stakeholder representatives on their ANSP's board of 
directors. For example, in Germany, DFS employees, government 
ministries, and the private sector are represented on a supervisory 
board. In the UK, government appointees, the airlines, and BAA, plc. 
(the airport consortium) are represented on NATS's board. In Australia, 
the aviation community (e.g., the airports, airlines, safety 
authorities, and others) has a role in the air traffic procurement 
process through the Australian Strategic Air Traffic Management Group 
(ASTRA). 

Common Focus on Safety Among the Five Commercialized ANSPs: 

For all five commercialized ANSPs, safety remains the primary goal. In 
some countries, government policy requires that the ANSP consider 
safety in any and all decisions affecting operations and service. For 
example, in Germany, legislation requires DFS to observe ICAO's 
standards and recommended safety practices, as well as adhere to the 
objectives and policies of international organizations where the German 
government is represented, such as EUROCONTROL. Similarly, in Canada, 
legislation requires NAV CANADA to maintain a fixed level of safety. 
Under the Civil Air Navigation Services Commercialization Act, the 
Minister of Transport has the authority to direct NAV CANADA to 
maintain or increase levels of service in the interest of safety. 
Although it can alter operations in accordance with business 
principles, it must demonstrate that the changes meet the required 
level of safety through an aeronautical risk assessment. 

All five ANSPs are subject to external safety regulation. A separate 
authority conducts safety regulation and issues relevant certifications 
or licenses to air traffic controllers and technicians. In New Zealand, 
for example, the Civil Aviation Authority (CAA) is an independent 
regulatory authority that establishes civil aviation safety and 
security standards and monitors adherence to those standards. CAA 
carries out accident and incident investigations and uses information 
from these investigations to establish an industrywide safety picture 
and develop safety initiatives ranging from education campaigns to 
increased monitoring and regulatory action. 

All five selected ANSPs have established formal safety programs. For 
example, Airservices Australia employs a surveillance model, which 
includes incident investigation, trend analysis, system review, and 
internal audit. Similarly, DFS and NATS apply a systematic Safety 
Management System to all of its operational activities. The system 
forms the basis for risk assessment, safety assurance, safety control 
and safety monitoring through standards that comply with national and 
international obligations. 

Five Commercialized ANSPs Undergo Some Form of Economic Review or 
Follow Price-Setting Guidelines: 

Each of the five commercialized ANSPs is its country's sole provider of 
en route navigation services.[Footnote 14] There is no opportunity for 
more than one organization to provide competing air navigation 
services. Thus, operators cannot choose alternative providers by 
changing routes. To forestall the abuse of monopoly position and 
address concerns about the level of prices or charges, the five ANSPs 
are subject to the following: 

* In the UK, the Civil Aviation Authority (CAA) exercises economic 
regulation over NATS. CAA's Economic Regulation Group sets price caps 
for 5-year periods, basing them generally on the retail price 
index[Footnote 15] and the group's own analyses of allowances for NATS' 
estimated operating and capital costs. 

* The Australian Competition and Consumer Commission (ACCC), an 
independent commonwealth authority, monitors primarily monopolistic 
public and private service industries, including Airservices Australia. 
ACCC oversees Airservices Australia's process of setting user fees for 
air traffic services and decides to accept or reject price changes on 
the basis of public consultation and its own evaluation of Airservices' 
pricing proposals. 

* Airways Corporation of New Zealand operates under a memorandum of 
understanding with its airline users. Under this memorandum, Airways 
uses the principle of "Economic Value Added" (EVA) to self-regulate its 
pricing. EVA is the difference between net operating profit after taxes 
minus the cost of capital. EVA above a certain level is returned to 
users in the form of a rebate. 

* The German Transport Ministry reviews and approves any changes in 
user fees, but does not independently evaluate the price-setting 
process or pricing changes. According to the Transport Ministry, 
Germany plans to create an independent economic regulatory authority by 
next year to comply with the requirements of the forthcoming Single 
European Sky initiative. 

* The Canadian Transportation Agency (CTA) reviews the price-setting 
process against an established set of principles. However, CTA does not 
respond to user grievances about existing prices. NAV CANADA is 
legislatively required to place all revenues in excess of costs in its 
rate stabilization fund. 

Available Data Indicate That Since Commercialization, the Five ANSPs 
Have Maintained Safety, Controlled Costs, and Achieved Efficiencies: 

Based on information from each of the ANSPs we reviewed, following 
commercialization, air navigation safety has not declined, and all five 
ANSPs have taken steps to control costs. In addition, the ANSPs have 
improved the efficiency of their operations through the implementation 
of new technologies and equipment. According to the ANSPs, some of 
these outcomes would not have been feasible in a government 
organization. 

Since Commercialization, Safety Performance Has Not Been Compromised: 

At a minimum, safety has not eroded since commercialization, according 
to the available data from of each of the five ANSPs. For example, data 
from Airways Corporation of New Zealand indicate a downward trend in 
incidents involving loss of separation[Footnote 16] for the years 
following commercialization. Similarly, according to NAV CANADA's 
annual report for 2004, the rate of loss-of-separation incidents 
decreased from 1999/2000 through 2003/2004. Officials at Transport 
Canada, the safety regulator, confirm an overall decline in aviation 
incidents since commercialization. 

Additionally, stakeholders have anecdotally reported that they believe 
the air navigation system is as safe as it was when the government 
provided air navigation services. According to some, the separation of 
operating and regulatory functions has strengthened safety regulation 
and diminished any potential conflict of interest between promoting the 
financial interests of aviation operators and protecting safety. 

As improved technology and system upgrades have allowed individual 
controllers to handle increasing levels of air traffic, concerns have 
arisen about the potential for controllers' fatigue to compromise 
safety. Data are not available to assess this potential, but some ANSPs 
have taken steps to limit and monitor controllers' workload. For 
example, the UK's CAA has regulated the hours of civil air traffic 
controllers, and its Safety Regulation Group must be notified of any 
breach by NATS or by controllers. In New Zealand, as air traffic has 
increased, some airspace sectors have been subdivided so that 
controllers are responsible for a smaller piece of airspace. 

Five Commercialized ANSPs Have Taken Steps to Reduce Operating Costs: 

To lower their personnel costs, all five ANSPs have reduced their 
administrative staff or flattened their management organizations. For 
example, NAV CANADA closed most of its regional administrative offices 
and centralized corporate functions to its headquarters, reducing 
mostly administrative staff by 1,100 people (17 percent of the 
workforce). Airways Corporation of New Zealand also reportedly reduced 
its personnel costs by eliminating some middle management and 
administrative positions. In general, the ANSPs have not reduced their 
air traffic controller staffs. 

To lower their facility operating costs, all five ANSPs have closed, 
relocated, or consolidated facilities. For example, Airways Corporation 
of New Zealand reported consolidating four radar centers into two over 
8 years and is planning to consolidate these two into a single radar 
center by 2006. DFS has also integrated operations and consolidated 
facilities. Seventeen approach units have been integrated from the 
airports to the four air traffic control centers. It relocated the 
Dusseldorf control center to the Langen control center in 2002, a year 
earlier than planned, and transferred and consolidated its headquarters 
from Offenbach to Langen. DFS reports that, because its supervisory 
board now makes major investment decisions, rather than a parliamentary 
committee, it has been able to make key strategic decisions that would 
have been politically difficult when DFS was under government control. 

In the UK, NATS reduced its net operating costs by almost 96 million 
during 2002 through 2004, in part through direct management actions. 
For example, it consolidated two operations into one at the new air 
navigation services center called the Swanwick Center. According to 
NATS, it reduced its staff costs by 12 million and its costs for 
services and materials by about 11 million between 2002 and 2003, after 
placing this new center in service. Between 2003 and 2004, NATS 
reported reducing its operating costs for air traffic services by 
another 13 million through cost control measures. 

Five ANSPs Say They Have Improved Efficiency through Modernization: 

All five ANSPs have purchased new equipment and technologies that they 
say have improved productivity. For example, Airservices Australia 
reported increases in controllers' productivity following the 
introduction of the Australian Advanced Air Traffic System (TAAATS). 
This system replaced conventional radar screens with more advanced 
computer screens that display data from a range of sources, including 
ground based surveillance equipment and satellite-linked navigational 
equipment on aircraft, among others. TAAATS replaced handwritten paper 
flight progress strips with screen-based information that is updated 
automatically. DFS is also eliminating systems that depend on paper 
strips and anticipates productivity gains and cost savings as a result. 
In New Zealand, according to the union that represents air traffic 
controllers, individual controllers are now able to handle much more 
flight activity because of improved technology. 

Besides improving productivity, modernization, together with airspace 
redesign, has produced operational efficiencies, including fewer and 
shorter delays, according to the ANSPs. 

Access to Cash Flow and Borrowed Funds Has Facilitated Modernization: 

Commercialization has allowed the ANSPs to implement modernization 
projects more efficiently. Formerly, the uncertainty associated with 
the annual appropriations from national governments made it difficult 
to plan over multiple years. With access to cash flow and borrowed 
funds, the ANSPs report that they have been able to plan and execute 
projects more efficiently and have seen improvements in delivering 
projects on time, within budget, and to specification. For example, 
Airways Corporation of New Zealand deployed its new oceanic system, 
FANS1, in less than a year. The management of NAV CANADA estimates that 
it is producing new technology faster than the government once did and 
at half the cost. 

Some of the commercialized ANSPs maintain that they have achieved the 
benefits of modernization faster and at less cost by purchasing 
commercially available systems and upgrades or by modifying off-the-
shelf technologies to meet their needs, rather than developing their 
own systems from the ground up. NATS purchased its oceanic system and 
automated tower/terminal control system from NAV CANADA. To achieve 
further purchasing efficiencies, some commercialized European ANSPs 
have developed an alliance to procure systems. For instance, Germany 
has developed a strategic alliance with Switzerland and the Netherlands 
for the joint procurement of a new radar system. 

Focus on Cost Control and Operational Efficiency Has Affected User 
Charges: 

Through their cost control initiatives and modernization efforts, some 
of the ANSPs have been able to lower their unit costs and, in turn, 
lower their charges to major commercial airlines, which pay the largest 
proportion of user fees and therefore are the primary users served by 
the ANSPs. Airservices Australia, for example, reported lower unit 
costs resulting from the increases in controllers' productivity that 
followed the introduction of TAAATS. NAV CANADA estimates that it is 
saving the airlines approximately C$100 million annually in reduced 
aircraft operating costs. According to NAV CANADA, the airlines are now 
paying 20 percent less in user fees than it formerly paid in ticket 
taxes when the government provided air navigation services.[Footnote 
17] In Germany, Lufthansa stated that except in business years 2001 
through 2003, it has paid less in user fees than it paid during the 
initial commercialization of Germany's air navigation service. 
According to Airways Corporation of New Zealand, it reduced en route 
charges by 22 percent in 1995 and another 13 percent since 1997, 
resulting in an overall reduction of more than 30 percent. 

However, for general aviation operators, commercialization has 
sometimes meant an increase in fees. Before commercialization, many 
only paid taxes on fuel. Some countries, such as Canada and New 
Zealand, have tried to make the fees affordable for small operators by 
charging a flat fee. NAV CANADA, for instance, charges general aviation 
operators a flat annual fee of C$72. According to the Aircraft Owners 
and Pilots Association--New Zealand, Airways Corporation of New Zealand 
charges general aviation operators a fee of NZ$100 for 50 landings. In 
addition, Airways eliminated the en-route charge for light aircraft. 

Some governments have subsidized air navigation services at small, 
remote, general aviation, and regional airports, viewing such services 
as a public good. Australia, for instance, provides a subsidy for 
service to some remote areas under the Remote Air Subsidy Scheme. 
Similarly, to protect service to remote locations and ensure equity of 
service to smaller communities, Canada legislatively requires NAV 
CANADA to maintain service to such locations. For instance, service to 
the Northern region, which is designated as "remote," is guaranteed 
under the legislation. In addition, NAV CANADA is required to price 
services to remote locations on the same basis as service to the rest 
of the country. 

Initial Observations on Commercialized ANSPs: 

Through our research, we made a number of initial observations about 
the commercialization of air navigation services in the five countries 
we selected. The following paragraphs summarize these observations. 

Having a Contingency Fund Can Help, but May Not Be Sufficient, to 
Protect Against an Industry Downturn: 

Following commercialization, two changes--shifting the source of 
funding from appropriations to user fees and allowing the ANSPs to 
borrow money on the open market--have generally enabled commercialized 
ANSPs to cover their operating and capital costs. However, user fees 
and borrowing may not be sufficient to cover an ANSP's costs during an 
industry downturn. As a result, a contingency fund or other mechanism 
may help to offset the effects of a downturn, although it may not do so 
completely if the effects are severe. 

When the economy began to stagnate in 2000 and air traffic began to 
decline, revenues from ANSP user fees began to fall. These revenue 
losses grew as transatlantic traffic declined after September 11, 
particularly affecting some ANSPs. In the UK, as a result of both these 
losses and the relatively high debt that it had assumed to 
commercialize, NATS's solvency was threatened. Ultimately, NATS 
refinanced its debt with the concurrence of the Department for 
Transport and other shareholders. In Germany, DFS also experienced 
revenue losses, but to a lesser degree. DFS reported a loss of more 
than €33 million in 2001, when air traffic declined by 0.9 percent over 
the previous year. In 2002, it sustained a loss of more than €21 
million, when air traffic levels fell 2.9 percent below 2001 levels. To 
address these deficits, DFS modified investments, canceled projects, 
and ultimately raised fees, thereby increasing financial pressures on 
the airlines. However, when air traffic increased again in 2003, DFS 
recorded an operating profit of more than €80 million and reduced fees 
for 2005 en route by 19.5 percent and terminal charges by 28 percent. 
DFS has begun to consider the benefits of a reserve fund, but German 
legislation governing air navigation service charges must be changed 
before DFS will be allowed to develop such a reserve. NAV CANADA had 
banked up to C$75 million in its rate stabilization fund before 
September 11 and the concerns about SARS. However, following the severe 
industry downturn resulting from these two events, the fund was quickly 
exhausted. 

Some Economic Review or Guidelines May Be Needed to Ensure Fairness in 
Pricing: 

Because the ANSP is typically the sole provider of en route and 
approach control services in a country, some mechanism may be necessary 
to keep prices in check. Since user fees constitute the ANSP's primary 
source of revenue, economic monitoring and regulation by an independent 
third party can protect users and ensure a fair pricing process. Such 
an entity can ensure that all parties' interests are taken into account 
and a variety of alternatives are considered. It can also provide 
assurance to users that price levels are appropriate, do not reflect 
overcharging, and are consistent with competitive practices. 

ICAO recognizes the need for an independent mechanism to provide 
economic regulation of air navigation services. According to ICAO, the 
objectives of economic regulation should include the following: 

* Ensure nondiscrimination in the application of charges. 

* Ensure that there is no overcharging or other anticompetitive 
practice. 

* Ensure the transparency and availability of all financial data used 
to determine the basis for charges. 

* Assess and encourage efficiency and efficacy in the operation of 
providers. 

* Establish standards for reviewing the quality and level of services. 

* Monitor and encourage investments to meet future demand. 

* Ensure user views are adequately taken into account. 

Australia and Canada have taken different approaches to reviewing their 
ANSPs' user charges and price setting. In Australia, the Australian 
Competition and Consumer Commission (ACCC) oversees price changes. 
Airservices Australia must notify ACCC whenever it wants to raise fees. 
Following a formal notification and vetting process, ACCC decides to 
accept or reject the price change on the basis of its evaluation of 
Airservices' pricing proposal; and if they reject the proposed price, 
they can set a lower price. Recently, the ACCC rejected a proposal by 
Airservices for a temporary fee increase to address the revenue losses 
that followed September 11 and the SARS outbreak, as well as the 
collapse of Australia's second largest airline. In rejecting the 
proposal, ACCC considered the fact that the industry took exception to 
these increases, raising concerns about the need for longer-term price 
certainty. ACCC ruled in favor of the industry and rejected the 
temporary price increases, instead deciding that a longer-term 
arrangement be considered. ACCC directed Airservices to focus on 5-year 
pricing plans to encourage long-term planning, emphasizing that the 
robustness of the airlines should be taken into account when a price is 
set. 

Canada has no formal regulation of fee setting. According to the Office 
of the Auditor General, the Canadian Transportation Agency (CTA), the 
formal appeal agency, can intervene only in matters concerning the 
price-setting process, not price levels or price changes. CTA was not 
given authority over price-setting issues to ensure that NAV CANADA 
could maintain a good credit rating, thus making NAV CANADA appealing 
to financiers. (As of April 2005, NAV CANADA's bonds were rated AA-
nearly as high as the government's AAA-rated bonds.) NAV CANADA's board 
of directors, which includes air carrier representatives, is the main 
venue for the industry to express any grievances over pricing issues. 
However, according to Air Canada, its input on the board is limited 
and, because the public has comparable representation on the board, the 
public and the industry cancel out each other's input. When NAV CANADA 
raised prices after its rate stabilization fund was exhausted during 
the economic downturn, air carriers argued that this move further 
disrupted their business cycle during a time of financial strain. 

Early and Continuous Stakeholder Involvement Is Key: 

CAA officials said they must ensure that society's broader interests 
are protected. In particular, GAO believes addressing the concerns of 
air traffic controllers was essential because they play a vital role in 
the air navigation system. For several of the ANSPs we reviewed, 
controllers' support of commercialization was crucial to move the 
process forward. In New Zealand, controllers supported 
commercialization when faced with an aging system and inadequate public 
funds to acquire new equipment. Controllers in Canada supported the 
transition following a 5-year salary freeze and hiring freezes. 
However, Canadian controllers' support for commercialization has 
diminished, mainly because of differences over collective bargaining 
issues such as wage increases, the right to strike and controller 
fatigue. The Canadian controllers have acknowledged that they were 
instrumental in pushing for change, but they have also noted that the 
results of commercialization have fallen short of their expectations. 

ANSPs have also noted the importance of involving stakeholders in 
efforts to design, acquire, and deploy new technologies. According to 
Airservices Australia, its air traffic controllers have come to 
understand the commercial imperative to make a return on investment. 
Similarly, Airways Corporation of New Zealand notes that it is 
essential to involve the same controllers throughout the design process 
so that there is consistency in requirements and a thorough 
understanding of the project's ongoing specifications. In Airways' 
experience, it is essential for controllers, manufacturers, and the 
ANSP to reach agreement in order to establish realistic expectations 
for system design from the very beginning. 

Steps May Be Needed to Balance Public and Business Interests: 

Hypothetically, small or remote communities, that rely primarily on 
aviation for transportation, may be threatened by location-specific 
pricing. Under this pricing scheme, an ANSP charges a fee for service 
that matches the cost of providing that service to a specific location. 
As a result, some communities may be subject to higher charges than 
others. By contrast, two ANSPs have used network pricing, a scheme that 
charges the same fee for air navigation services to every airport, 
regardless of size or location, even though the costs of providing the 
services to some airports may be greater than to others. Under network 
pricing, the service to heavily used airports subsidizes the service to 
others. 

Two of the ANSPs have adopted location-specific pricing for some air 
navigation services. (Airport services are provided by competition in 
the U.K., which may result in different prices.) Often, the minimum 
costs of service to small or remote communities are higher per plane 
than the costs of service to large communities because the cost of air 
navigation services must be spread among fewer operators, usually with 
smaller aircraft. If airlines decide that service to such communities 
is not commercially viable, they may ultimately discontinue service to 
these communities. Similarly, general aviation operators may be 
threatened if they are required to pay fees that cover the full costs 
of the air navigation services they receive. Continuing to serve small 
communities and operators may require special efforts to balance public 
service needs and business interests. 

In addition to the Remote Air Subsidy Scheme mentioned earlier, 
Australia also provided a subsidy that allowed prices to be capped at 
most general aviation and regional airports. This subsidy was designed 
to ease the transition to location specific pricing for select airports 
and is scheduled to end in June 2005. Consequently, Airservices 
Australia reported that, in order to compensate, it will be increasing 
charges over the next 5 years at these locations and that these 
increases have been approved by the regulator. These increases have 
been moderated to balance the effect on aviation at airports frequently 
used by general aviation operators. As a result, concerns persist about 
the implications of further price increases and any future need to 
close or reduce services at these locations. Some fear that needed air 
services to remote bush locations will be lost while others fear that 
secondary services such as flight school training will be affected. 

Hypothetically, the impact on small operators and remote communities is 
difficult to assess. Theoretically, costs may go up as a result of 
implementing user fees, but charges may not necessarily be prohibitive. 
Where service to small communities is legislatively mandated, ANSPs may 
ultimately be forced to take a financial loss if they are not able to 
fully recover their costs. Airservices Australia is seeking to control 
costs at some of those locations by deploying new lower-cost 
technologies to serve small communities. For example, Airservices 
Australia is planning to install Automatic Dependent Surveillance 
Broadcast (ADS-B) ground stations, which will allow air traffic 
surveillance services over remote regions of Australia where radar is 
not a cost-effective solution. 

Appropriately Assessing the Value of Assets Is Essential for Sound 
Pricing and Cost Accounting: 

To protect taxpayers' interests, the countries that commercialized 
their air navigation services needed to have an appropriate valuation 
of their facilities and equipment before selling these assets to the 
newly established ANSP. According to the Office of the Auditor General 
(OAG) in Canada, Canada did not properly value its ANSP assets and 
infrastructures. The C$1.5 billion value that the government negotiated 
with NAV CANADA in 1996 fell short of the C$2.3 billion to 2.4 billion 
estimate developed in 1995 by a third party hired by the OAG. NAV 
CANADA reported, however, that both it and Transport Canada disagreed 
with the OAG's estimate and its underlying assumptions. In a study of 
the NATS reorganization, the National Audit Office (NAO) found that the 
UK government had raised some 758 million from the sale of the ANSP to 
a consortium of seven UK-based airlines. However, these proceeds were 
realized by increasing the level of NATS's bank debt. As a result of 
this debt, NATS was extremely vulnerable to the decline in air traffic 
after September 11. DFS is currently undergoing a valuation of its 
assets in preparation for selling 74.9 percent of its equity to private 
investors in a formal competitive bidding process. 

Maintaining Staff Levels and Expertise During Commercialization Can 
Prevent Disruptions in Regulatory Functions: 

Some countries experienced difficulties in retaining a sufficient 
number of staff to carry out safety regulation. For example, in Canada, 
many of the safety staff moved to the newly established NAV CANADA 
after commercialization, leaving the government regulator, Transport 
Canada, with insufficient staff to carry out timely safety inspections 
during the first 6 months after commercialization. Germany faces a 
similar challenge as the government prepares to develop a safety 
regulatory authority in accordance with the Single European Sky 
initiative by the end of this year. According to the Transport 
Ministry, it may be difficult for the government to recruit safety 
staff on a civil service salary and compete with the salaries of safety 
inspectors from the private sector. 

Developing Baseline Measures before Commercialization Will Enhance 
Performance Measurement: 

Obtaining baseline measures before commercializing a country's air 
navigation services will allow the government and others to assess the 
new ANSP's safety, cost, and efficiency. Some of the countries whose 
ANSPs we reviewed did not collect baseline data or measure performance 
as extensively as the commercialized ANSPs have since done. As 
businesses, commercialized ANSPs must assess the progress they are 
making toward their goals to access private funding, and therefore they 
need extensive performance data. In addition, international 
organizations, such as CANSO and ICAO, support commercialized ANSPs and 
ICAO, for example, emphasizes the importance of having transparent 
financial data available for economic oversight. 

Mr. Chairman, this concludes my prepared statement. I would be pleased 
to respond to any questions that you or the other Members of the 
Subcommittee may have. 

GAO Contacts and Staff Acknowledgements: 

For further information about this testimony, please contact me at 
(202) 512-2834 or dillinghamg@gao.gov. Individuals making key 
contributions to this testimony included Bess Eisenstadt, Samantha 
Goodman, Hiroshi Ishikawa, Jennifer Kim, Steve Martin, and Richard 
Scott. 

FOOTNOTES

[1] For additional information on performance-based organizations, see 
GAO, Federal Student Aid: Additional Management Improvements Would 
Clarify Strategic Direction and Enhance Accountability, GAO-02-255 
(Washington, D.C.: Apr. 30, 2002); Performance-Based Organizations: 
Lessons From the British Next Steps Initiative, GAO/T-GGD-97-151 
(Washington, D.C: July 8, 1997); and Performance-Based Organizations: 
Issues for the Saint Lawrence Seaway Development Corporation Proposal, 
GAO/GGD-97-74 (Washington, D.C: May 15, 1997). 

[2] In the UK and Australia, safety and economic regulators are 
"statutorily independent of the government."

[3] NATS includes charges for meteorological services in the charges 
for en route services. 

[4] According to ICAO, commercialization is the ability of an 
organization to operate like a commercial business, whether it is 
wholly or partly owned by the government or fully privatized. A 
commercialized organization should function as an autonomous body and, 
compared with a government organization, have greater freedom from the 
government in conducting its financial affairs and developing 
infrastructure funding. In addition, it should be self-financing, 
subject to the usual business taxes, and required to seek a return on 
capital. The safety of its operations should still be regulated by the 
government, and it should be encouraged to be as competitive, 
efficient, and cost-effective as any other commercial business. 

[5] EUROCONTROL is a European organization responsible for regulating 
the safety of air navigation, monitoring the performance of air traffic 
management systems, and developing a seamless air traffic management 
system in Europe. 

[6] The "Single European Sky" initiative, approved by the European 
Parliament in January 2004, is a legislative package consisting of four 
regulations that address (1) the framework for the creation of a single 
European sky, (2) the provision of air navigation services in the 
single European sky, (3) the organization and use of the airspace in 
the single European sky, and (4) the interoperability of the European 
Air Traffic Management network. 

[7] This private company, BAA, plc., owns seven UK airports, including 
London's Heathrow, Gatwick, and Stansted, and has interests at 13 
airports overseas. 

[8] Unless otherwise noted, all financial amounts are expressed in 
local currencies. As of April 13, 2005, 1 U.S. dollar was equivalent to 
0.78 euro, 1.29 Australian dollars, 0.53 UK pound sterling, 1.24 
Canadian dollars, and 1.39 New Zealand dollars. 

[9] National Audit Office, The Public Private Partnership for National 
Air Traffic Services Ltd., Report by the Comptroller and Auditor 
General, HC 1096, Session 2001-2002, July 24, 2002. 

[10] Fees for the European ANSPs also include a contribution to cover 
the expenses of EUROCONTROL. 

[11] The standard weight-distance formula is a single charge per flight 
for en route services based on the distance flown by the aircraft 
within a defined area and the aircraft's weight. This formula is based 
on ICAO's policies on charges for air navigation services. 

[12] Concerns about the in-flight transmission of SARS (severe acute 
respiratory syndrome), a highly contagious respiratory disease that 
appears to be transmitted by close personal contact, affected passenger 
traffic on international flights to and from Asia, compounding the 
economic downturn in the aviation industry that began in 2000. 

[13] Total new investment made in NATS as part of the refinancing 
arrangement was 130 million--65 million from BAA, plc., matched by an 
additional 65 million from the UK's Department for Transport. 

[14] Although the ANSP for each country is the only provider of en 
route air navigation services and thus functions as a monopoly, some 
other air navigation services may theoretically be open to competition. 
For example, in the UK, NATS provides tower services--won on a 
competitive basis against other service providers--for only 14 UK 
airports. 

[15] The retail price index is the average measure of change in the 
prices of goods and services bought for consumption by the vast 
majority of households in the UK. 

[16] Loss of separation is an occurrence or operation that results in 
less than the prescribed separation between aircraft, vehicles, or 
objects. 

[17] While Australia, Canada, and New Zealand collect both en route and 
terminal fees themselves, Germany and the UK collect terminal fees 
themselves and receive en route fees collected for them by EUROCONTROL.