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shall be treated as a violation of this agreement. Upon notification to the recipient of its failure to <br />carry out its approved program, the Department may impose sanctions as provided for under Part 26 <br />and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the <br />Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801). <br />38. Hangar Construction. If the airport owner or operator and a person who owns an aircraft agree that a <br />hangar is to be constructed at the airport for the aircraft at the aircraft owner's expense, the airport <br />owner or operator will grant to the aircraft owner for the hangar a long term lease that is subject <br />to such terms and conditions on the hangar as the airport owner or operator may impose. <br />39. Competitive Access. <br />a. If the airport owner or operator of a medium or large hub airport (as <br />defined in section 47102 of title 49, U.S.C.) has been unable to accommodate one or <br />more requests by an air carrier for access to gates or other facilities at that airport in order <br />to allow the air carrier to provide service to the airport or to expand service at the <br />airport, the airport owner or operator shall transmit a report to the Secretary that - <br />I) Describes the requests; <br />2) Provides an explanation as to why the requests could not be <br />accommodated; and <br />3) Provides a time frame within which, if any, the airport will be able to <br />accommodate the requests. <br />b. Such report shall be due on either February 1 or August 1 of each year if <br />the airport has been unable to accommodate the request(s) in the six month period prior to <br />the applicable due date. <br />28 of 35 <br />