On January 29, a commercial flight collided with an Army helicopter over the Potomac River in Washington, DC, killing 67 people. Less than two months earlier, on December 12, 2024, the US Senate Committee on Commerce, Science, and Transportation held a “Subcommittee Hearing on U.S. Air Traffic Control Systems, Personnel and Safety.” The testimony offered at the hearing makes for grim reading, even if you didn’t know that a tragedy was around the corner.
For example, Kevin Warsh of the Government Accountability Office described a just-published report called “Air Traffic Control: Urgent FAA Actions Are Needed to Modernize Aging Systems.” Here’s a flavor of the report:
After a shutdown of the national airspace in 2023 due to an aging air traffic control (ATC) system outage, the Federal Aviation Administration (FAA) conducted an operational risk assessment to evaluate the sustainability of all ATC systems. The assessment determined that of FAA’s 138 systems, 51 (37 percent) were unsustainable and 54 (39 percent) were potentially unsustainable. Of the 105 unsustainable and potentially unsustainable systems, 58 (29 unsustainable and 29 potentially unsustainable systems) have critical operational impacts on the safety and efficiency of the national airspace … FAA had 64 ongoing investments aimed at modernizing 90 of the 105 unsustainable and potentially unsustainable systems; however, the agency has been slow to modernize the most critical and at-risk systems. Specifically, when considering age, sustainability ratings, operational impact level, and expected date of modernization for each system, as of May 2024, FAA had 17 systems that were especially concerning. The investments intended to modernize these systems were not planned to be completed for at least 6 years. In some cases, they were not to be completed for at least 10 years. In addition, FAA did not have ongoing investments associated with four of these critical systems.
Or here’s a sample of commentary from Dean Iacopelli, Chief of Staff of the National Air Traffic Controllers Association:
FAA telecommunications are the backbone of the air traffic control system. The FAA needs extensive telecommunications services and networking capabilities to support the operation of the NAS [National Airspace System] and other agency functions. The FAA Telecommunications Infrastructure (FTI) program currently provides these services and networking capabilities through a service-based contract, in which the service provider continually updates the underlying technologies. The majority of FTI’s telecommunication lines function on an aging copper wire infrastructure, which is an outdated and no longer readily supported, as many local phone companies are discontinuing service to copper wire equipment throughout the country. As a result, air traffic controllers throughout the U.S. are experiencing a steady increase in unexpected outages of air traffic systems. Recent ground stops at airports in the New York and Washington, D.C., areas highlight the risks and consequences of telecommunication network failures. To date, there are over 30,000 services at over 4,600 FAA sites that must transition away from copper wire and onto a fiber optic cable network in order to avoid severe service disruptions and extensive flight delays. …
Even before the FAA’s telecommunications crisis, the FAA was working to mitigate the risks associated with its faltering Notice to Airmen (NOTAM) system, which has been the source of significant disruptions throughout the NAS. The NOTAM system is vital for sharing and disseminating safety-critical flight information between both air traffic controllers and pilots. However, in early 2023, a complete failure of the NOTAM system caused nationwide ground stop causing significant flight delays. … Much like the FAA’s looming telecommunications crisis, the NOTAM crisis was not at the top of any F&E [facilities and equipment] priority lists until after the 2023 collapse resulted in cascading nationwide delays and ground stops. …
Automation platforms such as ERAM and STARS deliver flight plan and surveillance information to air traffic controllers on a real-time basis. These platforms are the foundational systems that keep our NAS operating safely 24-hours a day, 7-days a week, 365-days a year. Over the past four years, air traffic levels have continued to grow at a rate of 6.2% per year post-COVID, excluding new entrant operations. Air traffic automation systems have components reaching end-of-life that need to be replaced. Due to historically flat F&E funding, as a result of the FAA requesting less than it needs to maintain the system, air traffic automation has been unable to meet the growing needs of the NAS reducing the efficiency of the system. In the near future, controllers will have to rely on this inadequate technology to maintain the safety and efficiency of the NAS.
Or here is one example from David Spero, representing the Professional Aviation Safety Specialists who “install, maintain, repair and certify the radar, navigation, communication and power equipment that comprises the U.S. National Airspace System (NAS).”
[T]he results of the survey [of PASS members] indicate top concerns are related to aging equipment, cumbersome procedures, parts that are unreliable or unavailable, system complexity, and staffing and training of the workforce. At the rapid pace with which technology changes, the FAA is getting further behind in replacing aging systems. … The biggest challenge is a lack of vision on behalf of the agency. The length of time it takes the FAA to implement new systems is directly related to the fact that current NAS systems and equipment are becoming obsolete. … For instance, many facilities are still relying on an aging communications technology known as Time Division Multiplexing (TDM). TDM is a method of combining multiple data streams into a single communication channel by allocating specific time slots for each data stream. Use of this antiquated technology is not only inefficient, but it is unnecessarily costly. Telecommunication companies now use carrier ethernet and are not required by the Federal Communications Commission to support TDM technology. … Unfortunately, the FAA is still relying on TDM and is being charged a premium by communications companies that no longer regularly use the technology.
There are many additional complaints. The underlying issue here may be a structural one: the FAA is the provider of air navigation services, but it is also responsible for overseeing its own performance. In addition, the FAA budget goes though a political process, so instead of deciding what needs to be done, raising the money, and doing it, the FAA is at the mercy of the budget churned out by Congressional committees. Marc Scribner, Senior Transportation Policy Analyst at the Reason Foundation, points out that many other countries have decided in recent decades that this model doesn’t work. Instead, these other countries set up the provider of air traffic navigation services as a separate company: sometimes government-owned, sometimes a nonprofit, sometimes a for-profit. The company is a separate financial entity: it has the power to charge fees to airlines and airplanes, and the power to sell bonds to raise capital if needed. The role of the government is then limited to overseeing this company. Scribner argues:
The United States was once the global leader in airspace management. However, in recent decades, we have fallen behind peer countries that have modernized their air traffic control practices and technologies. … The status-quo ANSP [air navigation services provider] model in the United States was historically the dominant model globally, whereby air traffic control was provided by a civil aviation authority within the transport ministry. That model has undergone major change since 1987 outside of the United States, starting when the government of New Zealand removed its air traffic control system from the transport ministry by restructuring it as Airways New Zealand, a self-supporting government corporation. Within 10 years, more than a dozen other countries had followed suit.
Separating the provision of air navigation services from the civil aviation authority and putting the ANSP at arm’s length from its safety regulator, like all the other key players in aviation—airlines, business aviation, general aviation, airframe manufacturers, engine producers, pilots, mechanics, and so forth—is now the globally recognized best practice. For more than two decades, this has been International Civil Aviation Organization (ICAO) policy. The United States is among the last industrialized countries that have not taken this step to eliminate the fundamental conflict of interest of having an aviation regulator also operate a service it is tasked with regulating.
The revenue source for ANSPs operated as public utilities is globally accepted cost-based user fees in accordance with the airport and air traffic control charging principles promulgated by ICAO. Prior to the conversion of these ANSPs to public utilities, those revenues were nearly always paid by airlines and other airspace users to the respective national governments. In most cases, once an ANSP has been converted to a utility, the user-fee revenue flows directly to the ANSP as its primary source of revenue. This makes it possible for the ANSPs to issue revenue bonds based on their projected revenue streams, just as airports do today in the United States and elsewhere. It is through their predictable streams of revenue that come directly from users that ANSPs outside the United States can successfully finance large-scale capital modernization efforts.
Globally, three ANSPs have been moved out of the government entirely under either an independent nonprofit user cooperative model or as partially privatized companies. Another 55 operate as wholly owned government corporations. Just 19—mostly developing countries, but also including the United States, Japan, and Singapore—operate as part of legacy civil aeronautics authorities that also regulate aviation safety. ANSPs that operate as public utilities funded by user fees now number 62 and serve 83 countries globally.
My understanding is that past efforts to reorganize the FAA on this alternative model have failed in Congress not because of opposition from large airlines, because of concerns from smaller airlines and those who fly smaller planes, who fear that running the FAA on user fees would increase their costs. Whatever the political reason, one would hope that the tragic mid-air collision over Washington could serve as a wake-up call. On this issue, it’s time to run over some special interests and create the organizational structure that will allow rapid modernization of America’s air traffic control systems.










