Future AIM Some Notes on Institutional Issues

AIS-AIMSG/1-IP No. 2 17/11/08

AERONAUTICAL INFORMATION SERVICES-AERONAUTICAL INFORMATION MANAGEMENT STUDY GROUP (AIS-AIMSG)

FIRST MEETING

Montréal, 2 to 4 December 2008

Agenda Item 9: Legal and institutional issues

FUTURE AIM — SOME NOTES ON INSTITUTIONAL ISSUES

(Presented by Jim Manning)

SUMMARY

Presents, for initial discussion and later work, a review of some of the key institutional and legal issues relevant to the development of the future AIM. Study Group members are invited to consider these issues, noting that the views of State policy makers, safety regulators, service providers, private sector data providers and users of aeronautical data (i.e. all ATM stakeholders) need to be considered.

1. INTRODUCTION

1.1 The data centric AIM will be dominated by information systems in which timely and reliable data is made available permanently and dynamically for use in applications that perform required tasks, be they flight planning, flight management, demand/capacity balancing, navigation, separation assurance, collaborative decision making or any other strategic or tactical ATM activity. It will be the provision of services, based upon data, that will dominate AIM.

1.2 Despite significant work on guidance material by both EUROCONTROL (From AIS to AIM — A Strategic Road Map for Global Change) and ICAO (Draft Roadmap for the Transition from AIS to AIM (see AIS-AIMSG/1-SN No. 3)), the actual shape or architecture of the future AIM is not clear. We have good information on why it is needed and what it will produce, but little on how or what it will look like.

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1.3 Also, despite significant work by the FAA in conjunction with the Global AIM Consortium on Enterprise Architecture (see AIS to AIM transition roadmap, dated 22/11/08), there has been, for some time, general agreement that institutional and legal issues will need to be addressed before there is clarity on how AIM services will be delivered. Such issues have been identified in various places, but very little progress has been made in resolving them.

1.4 At the ICAO Worldwide Symposium on Enabling the Net-Centric Information Environment, Mr. Lewtas of the Secretariat identified a number of legal and institutional issues, which should be considered by the Study Group.

1.5 Two relevant papers were presented to the subsequent Conference on the Economics of Airports and Air Navigation Services (CEANS) in September 2008. These were from CANSO and Australia (CEANS-WP/38 and CEANS-WP/45 respectively).

1.6 The purpose of this paper is to present issues identified at the Net-Centric Symposium and CEANS for further study.

2. INSTITUTIONAL AND LEGAL ISSUES

3. Net-Centric Symposium

3.1.1 In his presentation to the Symposium, Mr. Lewtas identified a number of issues:

a) assess whether the existing responsibilities of States in Annex 15 are adequate for the transition to AIM (Annex 15, 3.3.5-3.3.7);

b) confirm the importance of free exchange of aeronautical information among States’ AIS, in accordance with Annex 15 (3.3.5-3.3.7);

1) one copy of integrated aeronautical package free;

2) exchange of more than one copy by bilateral agreement;

c) assess the continued validity of the recovery by States of the costs incurred for the provision of aeronautical data with no double charging to data users (Annex 15, 3.5);

d) identify issues related to cost recovery of aeronautical information; and

e) identify issues related to copyright (Annex 15, 3.4).

3.1.2 In his summary of the Symposium, Mr. Turpeinen of the Secretariat noted the two main themes to come from the discussions:

a) cost recovery — which could be handled by the forthcoming CEANS Conference; and

b) liability, copyright and ownership — which he said should be addressed by the AIS-AIMSG or ICAO legal bodies, based on the issues identified. 3 AIS-AIMSG/1-IP No. 2

4. Conference on the Economics of Airports and Air Navigation Services (CEANS)

4.1.1 The CEANS, held following the Net-Centric Symposium, dealt with a wide range of ICAO policies affecting the economics of airports and air navigation service providers. However, there were only two papers of direct relevance to AIS/AIM institutional issues:

a) WP/38 — Aeronautical Information Management and Implications Related to Charging Principles, presented by CANSO

b) WP/45 — Institutional and Economic Issues Associated with the Transition from AIS to AIM, presented by Australia

4.1.2 The CANSO paper presented a view of current and future ICAO guidance and regulatory provisions from the point of view of air navigation service providers. The Australian paper canvassed some of the key institutional issues from the point of view of the State regulator. Both papers deserve close study, but it needs to be borne in mind that the AIS-AIMSG will need to inform itself of the viewpoints of all ATM system participants but ultimately form policy positions reflecting an agreed ICAO view, in the interests of safe and efficient aviation.

5. CONSIDERING INSTITUTIONAL ISSUES — A WAY FORWARD

5.1 This paper has canvassed some of the information currently available on institutional issues as they affect the future AIM. Study Group members may wish to add to the list of issues and/or suggest additional sources of information.

5.2 In order to provide some structure to its consideration of institutional and legal issues, the Study Group may wish to call for short papers from members (and other interested parties to ensure a balance of views) on the following:

c) Global AIS — Current structure of service provision

1) What is the role currently played by third party providers — do they have a role in the future Global AIM/ATM?

2) Is there a common approach to providing access to State obligatory data — if not, should ICAO provide guidance?

d) State obligations

1) What should be the extent of the State obligation to provide AIS data in future — should there be any additions or deletions from current Annex 15 requirements, or should we be looking at a different way of identifying State obligations?

e) Access to State obligatory data — Competition in the provision of services 4 AIS-AIMSG/1-IP No. 2

1) As data will become central to the provision of many AIM services, should ICAO advise States over access provisions so as to ensure fair and open competition in service provision — is a global approach necessary?

f) Copyright of State data

1) Noting current ICAO guidance (Annex 15, 3.4), what could be the effect of copyright on the availability of “pertinent information to all appropriate participants when and where needed”?1

2) As one of the purposes of seeking copyright protection of intellectual property is to encourage further investment in the product, could free or open access to State data make it more difficult for States to maintain and improve their data?

g) Liability

1) Consider the approach outlined in the Australian paper to CEANS (WP/45) that aligns liability with actions (including non-action) rather than ownership. Other views?

2) Can enhanced ICAO guidance on ways for States to regulate the data chain assist with the liability question?

h) Cost recovery

1) Should ICAO move to upgrade paragraph 3.5 of Annex 15 to a Standard, and provide additional guidance as to its meaning?

2) Are incentives required for investment in digital/flexible/quality assured information management solutions?

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1 AN-Conf/11-WP/190 (summary of outcomes)