OST Filings for January 2, 2002

OST Docket Filings for January 2, 2002

Last Updated 01/07/02 12:31 PM

Applications and Renewals:

None

Answers and Replies:

CRS - Comments | Spirit Airlines - Reply | Market Based - Comments

Wendell H Ford - Champlain Enterprises | US Airways - Consolidated Reply

Notices of Action Taken:

ABSA | Allegro

Notices and Orders:

None

Aerolinhas Brasileiras, S.A.

OST-96-1372

Filed December 14, 2001
Issued January 2, 2001

Notice of Action Taken

Miami-Sao Paulo/Manaus, Brazil

Exemption from 49 USC section 41301 to permit the applicant to conduct charter foreign air transportation of property and mail between a point or points in Brazil and a point or points in the United States, other charters, in accordance with the Department's regulations.

By: Paul Gretch

Index

Computer Reservation System Regulations

OST-97-2881

January 2, 2002

Comments of Red Carpet Travel Service

Computer Reservation System (CRS)

Over the course of the past years, we have been forced to helplessly watch our airline suppliers lure our mutual customers to their web sites where they offer deeply discounted fares over what they allow travel agents to offer through the airline owned CRSs. Travel agents are bound to strict CRS contracts with the airlines who require us to sell a set number of airline segments in order not to be financially penalized, knowing full well that they are purposely directing ticket sales away from us. The airlines are allowed to change compensation policies, offer discounts through other channels, and otherwise cut travel agents out of the equation during the course of these contracts without making any provisions to level the playing field. This HAS to be illegal - there MUST be exhisting laws to prevent such unfair business practices.

The impact of our inability to compete with airline "web-only" fares and Orbitz fares has been devastating to our travel agency businesses - air sales by agencies have dropped drastically over the past S years. Our elderly, handicapped, and lowincome clients who do not have access to, the expertise, or physical ability to use computers are penalized by not being able to book the lower internet fares. Citizens of the United States have been forced to choose between service and price - a compromise that is not even remotely necessary in a climate where fair business practices would prevail. In the past, Capitolism has thrived in our country because our legislators passed laws that insured fair competition in business. PLEASE look into the legality of current CRS rule making - the same fares that are offered on the internet should be offered through travel agents. We are sending documented examples of fares found through our CRS, an airline web site, and Orbitz on the same day for thp-e4act same itineraries.

By: Red Carpet Travel Service, Judi Rowand

Index

Lineas Aereas Allegro, S.A. de C.V.

OST-96-1187

Filed December 14, 2001
Issued January 2, 2001

Notice of Action Taken

U.S.- Mexico; Tijuana- Las Vegas

Exemption from 49 USC section 41301 to permit the applicant: 1) to conduct scheduled, combination service between Tijuana, Mexico, and Las Vegas, Nevada; and 2) to continue to conduct charter operations between Mexico and the United States, and other charters in accordance with 14 CFR Part 212.

If renewal, date and citation of last action: The charter authority was renewed on March 1, 2001, in this Docket. The exemption to conduct scheduled service in the Tijuana-Las Vegas market is new authority.

By: Paul Gretch

Index

Market Based Actions to Relieve Airport Congestion and Delay

OST-01-9849

January 2, 2002

Comments of Lois and T. J. Russo

Public Comment to Relieve Airport Congestion and Delay

By: Lois and T. J. Russo

Index

Spirit Airlines, Inc.

OST-01-11113	January 2, 2002	Reply of Spirit Airlines	Waiver of Notice and Early Termination of Service; L.A.- Melbourne, Florida
		Attachment: Press Release About Continental Resuming Service
		Service List

Spirit would like to state at the outset that, while it is most grateful for the assistance it has thus far received from the U.S. Government, it has by no stretch of the imagination been "made whole" for the losses it sustained as a result of the attacks which occurred on September 11. Indeed, Spirit estimates that, calculated through the end of December 2001, its uncompensated losses exceed $10 million. Needless to say, Spirit is maintaining a highly conservative posture toward all expenditures, and is reviewing quite carefully the profitability of all of its services.

The interpretation of the applicable statutes advanced by Melbourne would effectively read out of the law the provision which excuses carriers from securing prior DOT approval of a service termination in the event of a severe and unforeseen financial emergency such as that which Spirit suffered on September 11. Melbourne attempts to argue that 49 U.S.C. § 41719(b)(1) does not excuse Spirit from the obligation of obtaining prior DOT approval of its termination of LaGuardia-Melbourne service. Instead, Melbourne asserts that such provision merely eliminates the requirement that Spirit provide the Department with 45 days' notice of such termination. With all due respect, the statutory interpretation advanced by Melbourne makes no sense. Under 49 U.S.C. § 41716(d)(2), a carrier that wants to terminate service to a small hub or nonhub airport must submit a notice to DOT pursuant to 49 U.S.C. § 41719.

Counsel: ECLAT Consulting, Anita Mosner, 703.294.5890

Index

US Airways, Inc.

OST-01-11152	January 2, 2002	Consolidated Reply of US Airways	Washington D.C.- Bermuda
		Service List

American and Delta - two carriers that do not even serve the Washington, D.C.-Bermuda market - attempt to arrogate to themselves the critical decisions about what service patterns should be operated at Ronald Reagan Washington National Airport ("DCA") in the post-September 11 operating environment. In their meddlesome answers, both American and Delta oppose US Airways' Washington, D.C.-Bermuda exemption application on the ground that service between DCA and Bermuda, a foreign point, should not be authorized until all of the pre-September 11 service to U.S. cities from DCA is restored. (Answer of American (Dec. 20, 2001), at 1; Answer of Delta (Dec. 21, 2001), at 2.)While they are entitled to their view, American's and Delta's opposition to US Airways' application has no basis. The Department should reject the positions taken by American and Delta, and should move expeditiously to awarding the requested authority to US Airways.

Counsel: O'Melveny Myers, Joel Stephen Burton, 202.383.5300

Index

Wendell H. Ford Aviation Investment and Reform Act for the 21st Century

OST-00-7175

January 2, 2002

Supplemental Certification of Champlain Enterprises, Inc.

Interim slot rules at LaGuardia Airport (exemptions for air service to small and non-hub airports -- limited to aircraft with a seating capacity of less than 71)

Supplemental Certification of Champlain Enterprises, Inc., to recertify four Air 21 slots for additional service to Utica, NY and Albany, NY. Champlain Enterprises certifies that the service to be provided at New York (LGA) meets each of the criteria set forth in the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century.

By: Champlain, Joel Raymond

Index