364
Opinion of the Court
service charges from aircraft operators for the use of airport facilities." 49 U. S. C. App. § 1513.
Primarily, the Airlines urge that the Airport's fees over-charge them in violation of the AHTA. Before reaching that issue, however, we face a threshold question. The United States as amicus curiae and, less strenuously, the Airport, urge that the Airlines have no right to enforce the AHTA through a private action commenced in a federal court of first instance. Instead, they maintain, complaints under the AHTA must be pursued initially in administrative proceedings before the Secretary of Transportation, subject to judicial review in the courts of appeals.
The threshold question is substantial: If Congress intended no right of immediate access to a federal court under the AHTA, then the Airlines' AHTA claim should have been dismissed, not adjudicated on the merits as it was, indeed in part favorably to the Airlines. However, the Airport filed no cross-petition for certiorari seeking to upset the judgment to the extent that it rejected the Airport's CFR cost allocation (100% to the Airlines) as inconsonant with the AHTA. For that reason, we decline to resolve the private right of action question in this case.
A prevailing party need not cross-petition to defend a judgment on any ground properly raised below, so long as that party seeks to preserve, and not to change, the judgment. See, e. g., Thigpen v. Roberts, 468 U. S. 27, 29-30 (1984). A cross-petition is required, however, when the respondent seeks to alter the judgment below. See, e. g., Trans World Airlines, Inc. v. Thurston, 469 U. S. 111, 119, n. 14 (1985); United States v. New York Telephone Co., 434 U. S. 159, 166, n. 8 (1977); Federal Energy Administration v. Algonquin SNG, Inc., 426 U. S. 548, 560, n. 11 (1976); United States v. ITT Continental Baking Co., 420 U. S. 223, 226-227, n. 2 (1975). Alteration would be in order if the private right of action question were resolved in favor of the Airport. For then, the entire judgment would be undone, including
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