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EXECUTIVE ROUNDTABLE SERIES. KEY LEGAL CONSIDERATIONS GOVERNING THE NEXT GENERATION AIR TRANSPORT SYSTEM. Governance, Regulatory and Liability Challenges In the Transformation of our Air Transport System. Speaker: Andrew B. Steinberg, Partner, Government Regulation – Jones Day June 3, 2010.
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EXECUTIVE ROUNDTABLE SERIES KEY LEGAL CONSIDERATIONS GOVERNINGTHE NEXT GENERATION AIR TRANSPORT SYSTEM Governance, Regulatory and Liability ChallengesIn the Transformation of our Air Transport System Speaker: Andrew B. Steinberg, Partner, Government Regulation – Jones Day June 3, 2010
Overview • Agreement on the business and societal need to transform an antiquated infrastructure • Consensus on the desired capabilities and technologies of a modernized satellite-based system • Legal and regulatory challenges in the way of achieving our objectives
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What’s stood in the way of progress? • Lack of Vision? • Lack of Technology? • Lack of Money?
Governance challenges • Financing the infrastructure and airborne equipage • Institutional competence • Private sector competition over ATM services
Regulatory challenges • The environment • “Performance-based” navigation rules: “Best equipped best served” vs “first come, first served” • Equipage mandates and incentives
Liability risks • Risk allocation among States, ANSP’s, 3d parties and mitigation techniques • Protecting IP conveyed to state agencies • Special challenge of “criminalizing” accidents
Thank youabsteinberg@jonesday.com(T) +1.202.879.3808(F) +1.202.626.1700