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Updated: Friday, September 19, 2008 8:15 AM


OST-2007-28671 - EAS at Macon, GA

http://www.cityofmacon.net/CityDept/aviation.htm - Middle Georgia Regional Airport


EAS Docket


Essential Air Service at Macon and Atlanta, Georgia

OST-2007-28671

July 2, 2007

Ninety-Day Notice of Termination of Atlantic Southeast Airlines

Macon's essential air service requirements were established by Order 1984-2-40, issued February 10, 1984, which requires at least two daily round trips to Atlanta providing sufficient capacity to accommodate 40 daily enplanements. See Order 1986-9-72. Under the 60-percent load-factor standard subsequently established by the Airport and Airway Safety and Capacity Expansion Act of 1987, P.L. 100-223, the number of guaranteed seats is therefore 67. See Order 2005-1-19.

Delta and ASA are currently the only carriers operating scheduled service to Macon. Thus, the termination of the ASA service will reduce air transportation at Macon to a level below the essential air service determination set forth in Order 1984-2-40.

Although Delta and ASA would prefer to continue providing scheduled air service to Macon, the limited demand for this service makes it impossible to do so as an economic matter. ASA and Delta therefore regret that they must cancel all service they currently provide to Macon effective October 1, 2007.

Before ending its Macon service, ASA or Delta will contact all passengers holding reservations on the discontinued flights to notify them of the schedule changes and to assist them in arranging alternative transportation.

Counsel: Hogan & Hartson, Robert Cohn, 202-637-4999, recohn@hhlaw.com



Order 2007-7-12
OST-2007-28671

Issued and Served July 13, 2007

Order Prohibiting Suspension of Service and Requesting Proposals

Atlantic Southeast's proposed termination of service at Macon would leave it with no scheduled air service, and, thus, the Department must prohibit the carrier from terminating such service at the end of its 90-day notice period, and require it to maintain service at Macon for an initial 30-day period, through October 30, 2007, consisting of two daily round trips with either regional jets or large turboprop aircraft. Furthermore, we will require Atlantic Southeast to continue to maintain that level of service at Macon for successive 30-day periods until we have completed processing the carrier-replacement case and the new carrier has actually started service.

Macon’s service needs may be met with two round trips a day with either regional jets or larger cabin-class turboprops such as the ATR-72 or Embraer Brasilia. Because of the community’s large traffic generating potential and proximity to Atlanta, we encourage proposals for more frequent service with smaller aircraft, e.g., three or four daily round trips with 19-seat aircraft. All service to Atlanta should be nonstop. At the same time, we would not dismiss any proposal out of hand without first consulting with the community officials. We recognize that there is convenient ground transportation between Macon and Atlanta, and air service to another hub or service with larger aircraft may be more appropriate. We encourage any proposal that would simultaneously satisfy the community’s needs and minimize taxpayer expenditures.

We note that, even though passenger levels have fallen dramatically over thee last several years, Macon is still a strong trafficgenerating community by EAS standards, averaging 33 enplanements per day for the year ended April 30, 2007, the most recent annual period. As a result, we expect either subsidy-free proposals, or proposals at very modest subsidy levels.

Carriers interested in filing proposals at Macon, with or without subsidy, should file them with our staff no later than August 22, 2007.

By: Michael Reynolds



August 22, 2007

Proposal of Delta and Atlantic Southeast d/b/a Delta Connection

Delta and ASA wish to be selected to continue jointly providing essential air service to Macon for a two-year period beginning October 1, 2007. Delta and ASA propose to offer two daily roundtrip flights between Macon and Delta's Atlanta hub, using a combination of ATR and CRJ-200 aircraft to fulfill Macon's EAS requirements.

Delta and ASA's two-year EAS proposal requires subsidy in the amount of $2,894,506 in the first year
and $3,304,579 in the second.

Delta and ASA currently jointly provide essential air service at Macon. The service is operated by ASA as a Delta Connection carrier under a fee for service agreement with Delta. Under the Delta Connection agreement, Delta determines the routes and schedules to be flown by the ASA aircraft used on these routes, pays ASA a fee for operation of the routes, markets the Delta Connection service as a component of Delta’s global route network, and bears the full risk for revenue performance of the flights. ASA does not sell tickets under its own code nor does it currently have the sales or marketing infrastructure to do so.

Counsel: Hogan & Hartson, Robert Cohn, 202-637-4999, recohn@hhlaw.com



Order 2007-8-30
OST-2007-28671

Issued August 28, 2007 | Served August 31, 2007

Order Requesting Proposals

The Department requests proposals from carriers interested in providing essential air service at Macon, Georgia. Carriers should submit their proposals, with subsidy if necessary, by September 20, 2007.

Macon’s service needs may be met with two round trips a day with cabin-class turboprops such as the 30-seat Brasilia. Because of the community’s largc traffic generating potential and proximity to Atlanta, we encourage proposals for more frequent service with smaller aircraft, e.g., three or four daily round trips with 19-seat aircraft. All service to Atlanta should be nonstop. We recognize that there is convenient ground transportation between Macon and Atlanta, and air service to another hub may be more appropriate. We encourage any proposal that would simultaneously satisfy the community’s needs and minimize taxpayer expenditures.

By: Todd Homan



September 20, 2007

Email Message - Gulfstream International Request for Submission Extension

Gulfstream International Airlines is interested in submitting a bid for EAS to Macon, Georgia. We understand, however, that the bids are due to close today and we will not be able to comply with that deadline. We respectfully request that DOT allows an extension until September 26th, at which time our bid should be ready.

By: Gulfstream, Dave Hackett, dhacke@gulfstreamair.com


September 20, 2007

DOT Grant of Submission Extension

By Order 2007-8-30, August 28, 2007, the Department requested proposals from carriers interested in providing essential air service at Macon, Georgia, no later than September 20, 2007. In an email dated September 20, Gulfstream International Airlines requested an extension of the due date for filing purposes. We are hereby grating Gulfstream's request and extending the due date for proposals fro all interested carriers until September 26, 2007.

By: Dennis DeVany



Order 2007-10-20
OST-2007-28671

Issued October 16, 2007 | Served October 19, 2007

Order Requesting Proposals

On July 2, 2007, Atlantic Southeast Airlines filed a 90-day notice to suspend its subsidy-free EAS at Macon, Georgia, effective October 1, 2007. We initially requested proposals by Order 2007-6-12, July 13, 2007, and required ASA to provide two daily nonstop round trips per day to Atlanta with either regional jets or ATR-72 aircraft The order noted that Macon is a major community of 100,000 residents, 79 miles from the Atlanta airport, and had never previously needed subsidy support from the EAS program. ASA operates its service to Macon pursuant to a code-share agreement with Delta Air Lines.

Macon's service needs may be met with two round trips a day with 30-seat or larger aircraft. Because of the community's large traffic generating potential and proximity to Atlanta, we encourage proposals for more frequent service with smaller aircraft, e.g., three or four daily round trips with 19-seat aircraft. All service to Atlanta should be nonstop.

We encourage proposals that meet the community's requirements in an efficient manner. We recognize that there is convenient ground transportation between Macon and Atlanta, so service to another hub, or service with a mix of larger and smaller aircraft, may be more appropriate. Carriers are also welcome to propose more than one service option, if they choose. They need not limit themselves to the current service pattern if they envision other, potentially more attractive service possibilities with subsidy requirements that remain competitive.

By: Todd Homan



Order 2007-10-22
OST-2007-28671

Issued and Served October 18, 2007

Order Setting Final Rates

On July 2, 2007, Atlantic Southeast Airlines, Inc. filed a 90-day notice of intent to suspend its subsidy-free service at Macon, Georgia, effective October 1, 2007. ASA provides Macon's only scheduled service. Order 2007-7-12, July 13, 2007, prohibited ASA from terminating that service, and required it to maintain service at Macon consisting of two daily round trips until replacement service could be secured. The order also requested replacement service.

We are continuing to seek replacement service at Macon. The carrier has agreed to a rate of $1,968,830 per year for two daily, nonstop turnaround trips to Atlanta with either regional jets or large turboprops -- the only aircraft in its fleet.

We have reviewed ASA's proposed rate and find it reasonable for the service provided. The calculation of this subsidy is shown in Appendix B. We note that this high level of subsidy is driven by the fact that ASA does not possess any aircraft smaller than regional jets or very large turboprops. The level of subsidy would likely be considerably less if the service were provided with smaller, less expensive aircraft.

In the meantime, ASA is entitled to be compensated for its service. We will continue to process the carrier-selection proceeding, and will relieve ASA and its code-share partner, Delta Air Lines, Inc., of this obligation as soon as possible.

By: Michael Reynolds



Order 2007-10-29
OST-2007-28671

Issued October 25, 2007 | Served October 30, 2007

Order Extending Service Obligation | Word

By this order, the Department of Transportation extends the essential air service obligation of Atlantic Southeast Airlines at Macon, Georgia for an additional 30 days, through November 30, 2007.

By Order 2007-7-12, July 13, 2007, the Department prohibited the carrier from suspending service through October 30, and requested proposals, with subsidy if necessary, from carriers interested in providing replacement service. The Department resolicited proposals by Order 2007-10-20, and proposals are due November 19.

By: Todd Homan



Order 2007-11-19
OST-2007-28671

Issued November 26, 2007 | Served November 29, 2007

Order Extending Service Obligation | Word

By this order, the DOT extends the EAS obligation of ASA at Macon, Georgia for an additional 30 days, through December 31, 2007.

By: Todd Homan



Order 2007-12-17
OST-2007-28671

Issued December 19, 2007 | Served December 26, 2007

Order Extending Service Obligation

On July 2, 2007, ASA filed a 90-day notice of its intent to suspend its unsubsidized service at Macon, effective October 1, 2007. By Order 2007-7-12, July 13, 2007, the Department prohibited the carrier from suspending service through October 30, and requested proposals, with subsidy if necessary, from carriers interested in providing replacement service. The Department resolicited proposals by Order 2007-10-20, and proposals were due November 19. As required by 49 U.S.C. 41734, we have extended ASA's service obligation for additional 30-day periods, the latest through December 31, 2007, by Order 2007-11-19.

Since the Department is continuing to seek replacement service at Macon, this case will not be completed by the end of the current hold‑in period. Therefore, in accordance with 49 U.S.C. 41734(c), we will extend ASA's service obligation for an additional 30 days, or until suitable replacement service actually begins, whichever occurs first.

By: Todd Homan



Order 2008-1-11
OST-2007-28671

Issued January 15, 2008 | Served January 18, 2008

Order Extending Service Obligation

By this order, the Department of Transportation extends the essential air service obligation of Atlantic Southeast Airlines, Inc. at Macon, Georgia, for an additional 30 days, through February 29, 2008.

By: Todd Homan



Order 2008-2-26
OST-2007-28671

Issued February 21, 2008 | Served February 26, 2008

Order Extending Service Obligation

By this order, the Department of Transportation extends the essential air service obligation of Atlantic Southeast Airlines, Inc. at Macon, Georgia, for an additional 30 days, through March 31, 2008.

By: Todd Homan



Order 2008-3-21
OST-2002-11348 - Athens
OST-2007-28671 - Macon

Issued March 24, 2008 | Served March 27, 2008

Order Resoliciting Proposals

By this order, the Department is re-soliciting proposals from air carriers interested in providing essential air service at Athens and/or Macon, Georgia, for a new two-year term beginning when a replacement carrier inaugurates full service at one or both communities, with or without subsidy. Carriers should file their proposals no later than April 21, 2008.

Because of each community’s traffic generating potential and proximity to Atlanta, we also encourage proposals for more frequent service with smaller aircraft, e.g., three, four, or even more daily round trips with 9- to 15-seat aircraft. All service to Atlanta should be nonstop. We recognize that there is convenient ground transportation to Atlanta at both communities, and therefore, air service to a more-distant hub, such as Memphis or Charlotte, may be more appropriate.

On May 3, 2007, Air Midwest, Inc., a wholly owned subsidiary of Mesa Air Group, Inc., d/b/a US Airways Express filed a 90-day notice of its intent to terminate its subsidized service at Athens, as well as three other communities, effective August 1. In response to the carrier’s notice, the Department issued Order 2007-5-14, May 21, 2007, requiring the carrier to continue to serve Athens and the other communities, and requesting proposals for replacement service. By Order 2007-7-21, July 31, 2007, we selected Gulfstream International Airlines, Inc., the only applicant, to provide subsidized EAS at Athens (with service to Charlotte) and at the other three communities, for a combined annual subsidy of $4,077,792. However, Gulfstream never inaugurated service at Athens, or at the other communities. As a result, by Order 2008-2-11, February 6, 2008, we re-solicited carrier proposals. However, we received none for Athens, so we are here requesting proposals for the third time.

On July 2, 2007, Atlantic Southeast Airlines filed a 90-day notice of its intention to suspend its subsidy-free service at Macon effective October 1, 2007. By Order 2007-6-12, July 13, 2007, we prohibited ASA from suspending service, required it to provide Macon with two daily nonstop round trips to Atlanta with regional jets or ATR-72 turboprop aircraft, the only aircraft in its fleet, and requested proposals from carriers interested in providing replacement service, with subsidy if necessary. That order noted that Macon is a major community of 100,000 residents, 79 miles from the Atlanta airport, and had never previously needed subsidy support from the EAS program. We also previously noted that ASA uses Macon as a maintenance base, and, thus, its schedules have been typically driven by operational needs to move aircraft through its system, rather than to serve or optimize the convenience or transportation needs of passengers. We received no long-term proposals and we solicited proposals two more times and still have not received any. (See Orders 2007-8-30 and 2007-10-20) We are here requesting proposals for the fourth time.

By: Todd Homan



Order 2008-3-37
OST-2007-28671

Issued March 31, 2008 | Served April 3, 2008

Order Extending Service Obligation

By this order, the Department of Transportation extends the essential air service obligation of Atlantic Southeast Airlines, Inc. at Macon, Georgia, for an additional 30 days, through April 30, 2008.

By: Michael Reynolds



OST-2002-11348 - Athens
OST-2007-28671 - Macon

April 14, 2008

DOT Granting Extension of Proposal Due Date

By Order 2008-3-21, March 24, 2008, the Department requested proposals from carriers interested in providing essential air service at Athens and Macon, Georgia, no later than April 21, 2008. In a letter dated April 14. Vintage Props and Jets requested an extension of the due date for filing proposals for an additional two weeks. We are hereby granting the carrier's request and extending the due date for proposals from all interested carriers until May 5, 2008.

By: Dennis DeVany



Order 2008-4-44
OST-2007-28671

Issued April 30, 2008 | Served May 5, 2008

Order Extending Service Obligation

By this order, the Department of Transportation extends the essential air service obligation of Atlantic Southeast Airlines, Inc. at Macon, Georgia, for an additional 30 days, through May 30, 2008.

By: Michael Reynolds



OST-2002-11348 - Athens
OST-2007-28671 - Macon


May 5, 2008

Re: Proposal of Pacific Wings

In response to Order 2008-3-21, Pacific Wings submits its bid for provision of EAS for Athens and Macon, Georgia.

Service Profile
Frequency
Annual Subsidy
Athens / Charlotte
2 round trips Monday thru Friday
1 round trip Saturday
1 round trip Sunday
$1,436,320.00
Athens / Atlanta
2 round trips Monday thru Friday
1 round trip Saturday
1 round trip Sunday
$1,051,386.00
Macon / Atlanta
4 round trips Monday thru Friday
3 round trips Saturday
3 round trips Sunday
$1,386,306.00

By: Pacific Wings, Greg Kahlstorf

May 5, 2008

Proposals of Vintage Props & Jets

Athens:

Option 1: Option #1 will give Athens, Georgia roughly 4 flights a day to Atlanta Hartsfield-Jackson International Airport, with service reductions on the weekend. First year service pattern will require a subsidy amount of $1,793,189; per departure $718.43; and per passenger $117.39. Second year subsidy requirement is $1,840.277; per departure $737.29; and per passenger $117.03

Option 2: Our second option allows the Department to continue servicing Athens with a minimal frequency to allow connectivity and is focused on maintaining passenger boardings. VPJ is proposing roughly 3 flights a day with service reductions on the weekends (or midweek). First year service patter will require a subsidy amount of $1 ,519,661; per departure $801.10; and per passenger $132.85. Second year subsidy requirement is $1,537,444; per departure $810.48; and per passenger $130.51.

Athens, Georgia Options #1 or Option #2 must be selected along with Option #1, #2, or #3 for Macon, Georgia. All bids are based on 9 passenger Beechcraft King Air 100/200 equipment; with 2 pilots and luggage pod.

Macon:

Option 1: Option #1 will give Macon, Georgia roughly 7 flights a day to Atlanta Hartsfield-Jackson International Airport, with service reductions on the weekend and midweek. Management feels offering "shuttle-type" frequency will build the Macon market & help reduce the overall subsidy per passenger. First year service pattern will require a subsidy amount of $2,521,373; per departure $601.29; and per passenger $98.25. Second year subsidy requirement is $2,679,391; per departure $638.97; and per passenger $101.42.

Option 2: Option #2 will give Macon, Georgia roughly 6 flights a day to Atlanta Hartsfield-Jackson International Airport, with service reductions on the weekend. First year service pattern will require a subsidy amount of $2,317,484; per departure $627.35; and per passenger $104.04. Second year subsidy requirement is $2,448,712; per departure $662.87; and per passenger $106.74.

Option 3: Our third option allows the Department to continue servicing Macon with a minimal frequency to allow connectivity and is focused on maintaining passenger boardings. VPJ is proposing roughly 5 flights a day with service reductions on the weekends (or midweek). First year service patter will require a subsidy amount of $2,013,021 ; per departure $672.08; and per passenger $113.15. Second year subsidy requirement is $2,105,656; per departure $703.01; and per passenger $114.87.

Macon, Georgia Options #1, #2, or #3 must be selected along with Option #1 or #2 for Athens, Georgia. All bids are based on 9 passenger Beechcraft King Air 100/200 equipment; with 2 pilots and luggage pod.

By: Vintage Props & Jets, Nathan Vallier, 754-422-2535, nate@vpj.com


May 5, 2008

Proposal of Wings Air - Bookmarked

Wings Air's proposal requires subsidy for the first year in the amount of $1,615,985 in the Athens-Atlanta market and $542,710 in the Macon-Atlanta market, and for the second year in the amount of $853,823 in the Athens-Atlanta market and zero in the Macon-Atlanta market. These subsidy rates are markedly lower than existing rates, an advantage attributable to "rightsizing" of equipment and type of operation to these very short haul markets.

Concurrently with submission of this EAS proposal, Wings Air has applied to the Department for a Commuter Air Carrier Authorization as required to engage in scheduled service. Since 2005, Wings Air has been based in Lawrenceville, Georgia, and has developed a successful business targeted to charter customers traveling frequently between the Atlanta area and resort destinations such as Charleston/Kiawah Island, South Carolina, Destin, Florida, and St. Simon's Island, Georgia, as well as providing a variety of other charter flights. The carrier will utilize aircraft from its existing fleet of five PA-31-350's to serve Athens and Macon as proposed here.

Wings Air's operating plan will enable it to provide a total of 54 seats per day in each direction spread over six departures in the Athens market (i.e., a total of 12 one-way sectors per day), and a total of 63 seats per day in each direction spread over seven departures in the Macon market (i.e., a total of 14 one-way sectors per day). These service levels are appropriate to the historical passenger data identified by the Department in its order re-soliciting proposals with reasonable provision for traffic growth.

Counsel: Garofalo Goerlich, Aaron Goerlich, 202-776-3974, agoerlich@ggh-airlaw.com

OST-2008-0154 - Wings Air's Athens/Macon-Atlanta Commuter Authority Application



OST-2002-11348 - Athens
OST-2007-28671 - Macon

May 8, 2008

DOT Request for Community Comments of:

My purpose in writing to you at this time is to request any final comments you might have on each carrier's proposals before we submit a recommendation. We request that you review each proposal and submit any comments you may have as soon as possible, but in no case later than May 28.

Wings Air has proposed to serve either Athens or Macon individually, or both communities as a package. In the Athens-Atlanta market, the carrier has proposed to provide six daily nonstop round trips using 9-passenger twin-engine Piper PA-31-350 Chieftain aircraft for a first-year subsidy of $1,615,985 and a second-year subsidy of $853,823. In the Macon-Atlanta market, the carrier has proposed to provide seven daily nonstop round trips for a first year subsidy of $542,710 and subsidy-free for the second year, using the same Piper PA-31-350 aircraft. Wings Air is currently a Part 135 commuter air carrier providing on-demand air taxi service throughout the southeast, and it simultaneously submitted an application with the Department's Air Carrier Fitness Division to for authority provide scheduled passenger service.

Vintage P&J has proposed several options to serve Athens and Macon, all offered to Atlanta and all as an inseparable package. At Athens, Option #1 would provide 25 nonstop round trips each week (four round trips each weekday and 5 round trips each weekend) for a first-year subsidy of $1,793,189 and a second-year subsidy of $1,840,277. Under its Option #2, it would provide Athens 19 nonstop round trips each week (three round trips each weekday and four round trips each weekend) for a first-year subsidy of $1,519,661 and a second-year subsidy of $1,537,444.

At Macon, Vintage P&J proposes three service options. Under Option #1, the carrier proposed to provide 42 nonstop round trips each week to Atlanta ~ seven round trips each weekday and an additional seven round trips either mid-week or over the weekend. The first-year subsidy would be $2,521,373, and second-year subsidy would be $2,679,391. Under Option #2, the carrier would provide 37 nonstop round trips each week to Atlanta - six round trips each weekday and a total of seven round trips either mid-week or over the weekend. The first year subsidy would be $2,317,484, and second-year subsidy would be $2,448,712. Under Option #3, the carrier would provide 30 nonstop round trips a week — five round trips each weekday and a total of five round trips either mid-week or over each weekend. The first-year subsidy would be $2,013,021 and second-year subsidy would be $2,105,656. A portion of Vintage P&J's service under all three Macon Options, consisting of two round trips each week, would be provided to Orlando to rotate their aircraft for maintenance purposes. These round trips would be scheduled to best serve Macon passengers desiring to travel to and from Orlando. Each of the carrier's options reflects greater revenue and higher passenger estimates in the second year, but also reflects significantly higher labor and fuel costs in the second year. The carrier also states that the cost of each of its options has been increased by a City-of-Atlanta-imposed "Demand Management" fee of $353,600 for the use of the Atlanta airport's gates. However, if the carrier is successful in efforts to work with the City to reduce or eliminate the fee, the carrier's subsidy need under each option would be lowered or eliminated accordingly. All of the carrier's service would be provided using pressurized 9-seat Beech King Air 100 or 200 twin-engine, turboprop aircraft with a cargo/luggage pod attached under the fuselage

Air New Mexico has offered three separate options. Under Option #1, the carrier has proposed to provide 12 weekly nonstop round trips (two each weekday and two over the weekend) in the Athens-Atlanta market for an annual subsidy of $1,051,386. The carrier's Option #2 would provide 12 weekly nonstop round trips (two each weekday and two over the weekend) in the Athens-Charlotte market for an annual subsidy of $1,418,320. Under Option #3, the carrier would provide 26 weekly nonstop round trips in the Macon-Atlanta market (four each weekday and six over the weekend) for an annual subsidy of $1,386,306. All service would be provided in 9-passenger Cessna 208B Grand Caravan single-engine, turboprop aircraft with a cargo/luggage pod attached under the fuselage.

By: Dennis DeVay



OST-2002-11348 - Athens
OST-2007-28671 - Macon

May 9, 2008

Re: Comments of Vintage Props & Jets

My carrier submitted our Best and Final offer. Pacific Wings, a veteran to the Program, submitted its best and final offer. We feel that Air Greco, d/b/a Wings Air, has not. In a news story published in the Athens Banner-Herald on May 7th, Wings Air has made the following statement:

"Wings Air officials have Indicated they intend to begin Athens-to-Atlanta shuttle flights as early as June, regardless of whether Wings Air wins the EAS bid."

Vintage Props & Jets is formally protesting the proposal submitted by Air Greco d/b/a Wings Air and seeks a remedy. We are asking the Department to do one of the following:

  • Seek clarification from the CEO of Air Greco, in writing and placed in the docket, the plans of Wings Air regarding service to Atlanta from Athens & Macon
  • Remove the Wings Air proposal from consideration for subsidy based on Exhibit A & B
  • Immediately close the bid and award Wings Air the service for zero subsidies based on the fact they have quoted in the media they are starting service, with, or without subsidy

We are not opposed to Wings Air starting service between Athens/Macon to Atlanta; we are disappointed that they have disregarded the Department's rules. The company either needs to withdraw their bid, the Department needs to withdraw it, or the company should alter their bid to include NO subsidy, as stated they will do according to the newspaper articles & submission to the Air Carrier Fitness Department (EAS revenues are not accounted for in their Economic Fitness Package).

By: Nathan Vallier

Athens Banner-Herald Article - May 7, 2008



OST-2002-11348 - Athens
OST-2007-28671 - Macon

May 19, 2008

Reply of Air Greco d/b/a Wings Air to Vintage Props & Jets Letter Dated May 9, 2008

The short answer to VPI's comments is that in April, when Wings Air stated its interest in serving Athens-Atlanta without subsidy, there was no way to know whether another carrier would file an EAS proposal for Athens-Atlanta, Athens-Charlotte, another Athens route, or no Athens route at all. Thus VPJ's attempt to attribute an improper motive to Wings Air is factually unsupportable.

At a deeper and more significant level, however, VPJ's analysis is seriously flawed and raises questions about its concept ofthe public interest. The fundamental problem with VPJ's argument is that it ignores the possibility that a carrier, in this case Wings Air, could have an interest is serving a market on either a subsidized EAS basis or an unsubsidized non-EAS basis. Interest in the two situations is not mutually exclusive, with each triggering its own set offactors for a new entrant to consider.

Most importantly, a carrier selected to provide EAS at a given community is not free to withdraw from that market and redeploy its assets at will; it is legally required to continue providing the community's EAS until such time as a replacement carrier is selected and inaugurates service. The hold-in period can drag on for many months or longer.

The point that appears to have escaped VPJ is that Wings Air is interested in Athens-Atlanta on more than one basis. Wings Air would like to be selected as the subsidized EAS carrier, in which case it will accept and be bound by the countervailing obligations that status imposes. But it has an alternative interest in serving the market on a non-EAS basis, in which case it would receive no subsidy but would be free to reduce or discontinue service at will. Obviously the latter alternative would be more experimental from a marketing standpoint and may prove financially unsustainable ... but that risk is the essence of free market entry.

Counsel: Garofalo Goerlich, Aaron Goerlich, 202-776-3974, agoerlich@ggh-airlaw.com



Order 2008-5-36
OST-2007-28671

Issued May 23, 2008 | Served May 30, 2008

Order Extending Service Obligation

Since the Department is continuing to seek replacement service at Macon, this case will not be completed by the end of the current hold-in period. Therefore, in accordance with 49 U.S.C. 41734(c), we will extend ASA’s service obligation for an additional 30 days, or until suitable replacement service actually begins, whichever occurs first.

We require Atlantic Southeast Airlines, Inc., to maintain its current level of essential air service at Macon, Georgia, consisting of at least two daily nonstop round trips to Atlanta with either regional jets or large turboprops (30 or more seats), for an additional 30 days through June 30, 2008, or until suitable replacement service actually begins, whichever occurs first.

By: Todd Homan



May 28, 2008

City of Macon in Support of Pacific Air d/b/a Georgia Skies

After careful evaluation of each of the three proposals to provide air service from the Middle Georgia Regional Airport, it is my pleasure to recommend to you that Pacific Air Holdings, flying as Georgia Skies offers the best combination of interline agreements, checked baggage transfers, attractive pricing and long term growth plans to support this community's travel needs.

By: Mayor Robert Reichart, 478-751-7170



Order 2008-5-43
OST-2002-11348 - Athens
OST-2007-28671 - Macon

Issued May 29, 2008 | Served June 3, 2008

Order Selecting Carrier and Establishing Subsidy Rate | Word

After careful consideration of this matter, including the comments of the Mayors of both Athens and Macon, and after carefully reviewing all three carriers’ proposals, we have decided to select Georgia Skies’ Athens - Atlanta and Macon - Atlanta proposals for a combined annual subsidy of $2,437,692 for a new, two-year term beginning when the carrier inaugurates full EAS to both communities.  The carrier’s proposal for Athens would provide 12 weekly nonstop round trips to and from Atlanta for an annual subsidy rate of $1,051,386; and the carrier’s proposal for Macon would provide 26 weekly nonstop round trips to Atlanta for an annual subsidy rate of $1,386,306.

We also find that Georgia Skies has an advantage over Wings Air regarding the third criterion -- enhanced connecting opportunities beyond the hub.  While neither carrier has a code-share agreement with a major carrier at Atlanta, as an operating carrier, Georgia Skies does have interline ticketing and baggage handling agreements with most major carriers, while Wings Air currently has none.

By: Michael Reynolds



OST-2002-11348 - Athens
OST-2007-28671 - Macon

June 3, 2008

DOT Letter to Congressman John Linder

Thank you for your May 20 letter to Secretary Mary Peters supporting the essential air service proposal submitted by Mr. Robbie Rupard, the President of Wings Air, based at Lawrenceville, Georgia. As you may know, in addition to Wings Air's proposal, we also received proposals from two other carriers -- Pacific Wings, L.L.c. d/b/a Georgia Skies, and Vintage Props & Jets. As part of the EAS carrier-selection process, the Department is required by statute to consider several factors, including the views of the affected communities. In this case, the strong support of both Athens and Macon for Georgia Skies was an important factor in our decision to select that carrier.

By: Michael Reynolds



Order 2008-6-36
OST-2007-28671

Issued June 25, 2008 | Served June 30, 2008

Order Extending Service Obligation

By this order, the Department of Transportation extends the essential air service obligation of Atlantic Southeast Airlines, Inc. at Macon, Georgia, for an additional 30 days, through July 30, 2008.

We have extended ASA’s service obligation for additional 30-day periods, the latest through June 30, 2008, by Order 2008-5-36. However, Pacific Wings will not have started service by the end of the current hold-in period, and, in accordance with 49 U.S.C. 41734(c), we will extend ASA’s service obligation for an additional 30 days, or until Pacific Wings actually begins service, whichever occurs first.

By: Todd Homan



Order 2008-7-16
OST-2007-28671

Issued July 11, 2008 | Served July 16, 2008

Order Extending Service Obligation | Word

By this order, the Department of Transportation extends the essential air service obligation of Atlantic Southeast Airlines, Inc. at Macon, Georgia, for an additional 30 days, through August 29, 2008.

On July 2, 2007, ASA filed a 90-day notice of its intent to suspend its unsubsidized service at Macon, effective October 1, 2007. By Order 2007-7-12, July 13, 2007, the Department prohibited the carrier from suspending service through October 30, and requested proposals, with subsidy if necessary, from carriers interested in providing replacement service.

By Order 2008-5-43, May 29, 2008, the Department selected Pacific Wings, d/b/a Georgia Skies to provide subsidized service at Macon, as well as Athens, for a new two-year period beginning when the carrier inaugurates full EAS at both communities. As required by 49 U.S.C. 41734, we have extended ASA’s service obligation for additional 30-day periods, the latest through July 30, 2008, by Order 2008-6-36. However, Pacific Wings will not have started service by the end of the current hold-in period, and, in accordance with 49 U.S.C. 41734(c), we will extend ASA’s service obligation for an additional 30 days, or until Pacific Wings actually begins service, whichever occurs first.

By: Todd Homan



Order 2008-8-6
OST-2007-28671

Issued August 7, 2008 | Served August 12, 2008

Order Extending Service Obligation

By this order, the Department of Transportation extends the essential air service obligation of Atlantic Southeast Airlines, Inc. at Macon, Georgia, for an additional 30 days, through September 29, 2008.

By Order 2008-5-43, May 29, 2008, the Department selected Pacific Wings, d/b/a Georgia Skies to provide subsidized service at Macon, as well as Athens, for a new two-year period beginning when the carrier inaugurates full EAS at both communities. As required by 49 U.S.C. 41734, we have extended ASA’s service obligation for additional 30-day periods, the latest through August 29, 2008, by Order 2008-7-16. However, Pacific Wings will not have started service by the end of the current hold-in period, and, in accordance with 49 U.S.C. 41734(c), we will extend ASA’s service obligation for an additional 30 days, or until Pacific Wings actually begins service, whichever occurs first.

By: Todd Homan



Order 2008-9-24
OST-2007-28671

Issued September 18, 2008 | Served September 23, 2008

Order Extending Service Obligation

By this order, the Department of Transportation extends the essential air service obligation of Atlantic Southeast Airlines, Inc. at Macon, Georgia, for an additional 30 days, through October 29, 2008.

By: Michael Reynolds


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