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Order 99-3-1
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| Order 99-3-1 | Issued and Served March 3, 1999 | Codesharing Violations | |
| Attachment: Accounting Template |
In a recent telephone survey conducted by Department investigators, Northwest personnel did not provide any notice to the caller of the code-sharing arrangement in a number of calls, even when specifically asked. In several instances, Northwest personnel provided the code-sharing arrangement only after the caller asked specifically for that information and/or the caller requested a specific reservation or had booked a reservation. In just over half the test calls, the caller was properly told prior to his or her reservation request that a code-sharing airline would be used during the proposed flight itinerary. Overall, however, there was a substantial number of calls in which the caller was not properly told prior to his or her reservation request, as is required by our notice requirement, of the airline actually operating the code-share service. Of serious concern to us is the fact that this is the third time the Enforcement Office has found that Northwest has violated the Department's code-sharing regulations. The Enforcement Office believes that the assessment of a civil penalty of $45,000 in this instance is warranted in light of the nature and extent of the codesharing disclosure problems in question. Northwest has also agreed to the assessment of a $45,000 civil penalty in compromise of the potential civil penalties otherwise assessable under 49 U.S.C. § 46301. Of this amount, $22,500 will be suspended for one year following the service of this order and shall be forgiven unless Northwest fails to comply with the payment provision of this order or commits other violations of 14 CFR 399.88 during that one-year period.
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