Folks-
U already DUMPED its obligation to ACAA in bankruptcy. I believe that U's long term obligation to guarantee that debt is legally gone. In fact, if I recall correctly, ACAA dropped its objections when U agreed to increase the value of that abrogated obligation and ACAA got some 'share' or cents on the dollar.
U is now just a potential major tenant like any other carrier wishing to serve PIT. (putting aside whatever agreement is keeping them in their gates til January. I don't know if this is a standard 'holdover' or if ACAA is just letting the stay and keep paying rent.)
If ACAA were to convince the state or county to re-finance the bonded indebtedness, or default, then the costs would be reduced to EVERY AND ALL users of the airport on a reasonably equitable basis. By law, I think, ACAA cannot treat carriers that are willing to agree to similar terms, differently.
In other words, ACAA cannot say we'll rent to SWA and not U, because U's CEO is a poo-poo head. Or if they do, they eventually will not get any more Federal money, unless they get the law changed.... Oh, darn... I'll do the research!!! Check out 49 USC 47107 (a)(1) and (2) and (3). (I knew I had read this somewhere.... I'm no lawyer, but I'd think the below would apply)
"The Sec. or Trans may approve a project grant..... for airport development... only if the Sec. receives written assurances..... that
(1) the airport will be available for public use [including airline operations] on reasonable conditions and without unjust discrimination;
(2) air carriers [including U, despite its recent bankruptcy behavior and obnoxious attitude] making similar use of the airport will be subject to substantially comparable charges-
(A) for facilities directly and substantially related to providing air transportation; and
(B) regulations and conditions, except for differences based on reasonable classifications, such as between- (i) tenants and nontenants; and (ii) signatory and nonsignatory carriers; [I don't think this would include previously bankrupt and not previously bankrupt]
(3) the airport operator [ACAA] will not withhold unreasonably the classification or status of tenant or signatory from an air carrier that assumes obligations substantially similar to those already imposed on air carriers of tha classification or status..."
Hey, maybe there is an exception for air carriers that pay their employees less than they used to, or that went through bankruptcy or that are run by obnoxious capitalists, but I'd doubt it, considering the business regulatory culture of the USA in the new millenium.
I'd hope that ACAA can muster the $$ to move forward without hitching its wagon to any carrier and can agree to lease gates on a 'use or loose' basis and not give control to the carriers [U or other].
btw, I do now think that U does want to operate midatlantic at PIT.