Home | Search | Help
OST by Number | OST by Order | OST by Carrier | OST by Subject | OST by Day
OIA by Carrier/Subject | OIA by Day | FAA by Number | FAA by Subject | FAA by Day
Carrier Financials | Charter Office | Answer/Reply Calendar

Aerovias Nacionales de Colombia S.A

Counsel:  Zuckert Scoutt, Richard Mathias, 202-298-8660

August 8, 2003

OST-03-15898 - Bogota-Ft. Lauderdale

Application for Exemption Authority and Statement of Authorization

Aerovias Nacionales de Colombia, S.A., hereby applies for exemption authority, pursuant to 49 U.S.C. sections 40109 and 41301, to conduct scheduled foreign air transportation of persons, property and mail between Bogota, Colombia and Ft. Lauderdale, Florida. Avianca also applies for a Statement of Authorization to carry the code of Aerolineas Centrales de Colombia, S.A. on such operations.

This application essentially involves the substitution of Avianca for its joint venture partner, ACES, in the current operation of daily Bogota - Ft. Lauderdale service. The Department authorized ACES on October 31, 2002 to operate scheduled service on that route and ACES currently provides a daily roundtrip flight. That service has been successful for the carrier and the travelling public. However, due to a fleet restructuring program involving both carriers in the Summa Alliance, the ACES aircraft used in this operation may be returned to its lessors shortly. In order to ensure continuation of the service, it is necessary to substitute Avianca aircraft and crews starting on August 23, 2003. Therefore, urgent action is requested.

The current Bogota - Ft. Lauderdale daily flight operated by ACES has devloped into a popular and successful service since its start in December 2002. In the past two months over 5,700 revenue passengers used the service, generating load factors of 68% in June and 76% in July. The service is clearly providing significant public benefits as an alternative for travelers between Bogota and South Florida whose origin or destination is closer to Ft. Lauderdale International Airport than to the Miami airport.

Counsel: Zucker Scoutt, Richard Mathias, 202-298-8660

August 13, 2003

OST-03-15898 - Bogota-Ft. Lauderdale

Re: Polling Letter

This is to advise you that all persons served copies of the above-referenced application have been contacted and have informed my office that they do not oppose the application.

Counsel: Zuckert Scoutt, Richard Mathias, 202-298-8660

Filed August 8, 2003 | Issued August 15, 2003

OST-03-15898 - Bogota-Ft. Lauderdale

Notice of Action Taken | Word

Exemption under 49 U.S.C. 41309 to permit AVIANCA to conduct scheduled foreign air transportation of persons, property and mail, between Bogota, Colombia, and Ft. Lauderdale, Florida, and a Statement of Authorization under 14 CFR Part 212 to permit AVIANCA to carry the code of Aerolineas Centrales de Colombia (ACES) in the conduct of these operations.

By: Paul Gretch

OST-02-14057 - Colombia-US Codeshare with Delta Air Lines

January 28, 2004

Application for Renewal of Codesharing Exemption Authority

Applies for renewal of exemption authority, pursuant to 49 U. S.C. sections 40109 and 41301, to serve certain points in the United States by code sharing on the operations of Delta Air Lines, Inc. By Notice of Action Taken in this docket on February 3, 2003, the Department authorized Avianca to conduct foreign air transportation, on a codeshare basis only, between currently authorized points in Colombia, via currently authorized U.S. gateways, and Atlanta, Boston, Chicago, Dallas/Ft.Worth, Denver, Houston, Orlando, Philadelphia, Tampa and Washington, D.C. In the NOAT, the Department also granted the same authority, plus Los Angeles, to ACES and granted Delta a Statement of Authorization to carry the codes of Avianca and ACES. ACES is no longer operating and does not seek renewal.

Counsel: Zuckert Scoutt, Richard Mathias, 202-298-8660

OST-02-14057 - Colombia-US Codeshare with Delta Air Lines

January 28, 2004

Re: 14 CFR 377

Avianca relies on 14 CFR 377 as continuing it exemption authority pending final action by the Department on the above-referenced renewal application.

Counsel: Zuckert Scoutt, Richard Mathias, 202-298-8660

Aerovias Nacionales de Colombia S.A. (AVIANCA)

00-181 | Filed April 28, 2000 | Issued May 11, 2000 | Expires May 11, 2000

Application for Statement of Authorization

Permit AVIANCA to carry blind sector traffic on flights operating Bogotá- Cancun- Los Angeles route.  AVIANCA requests that authorization be granted for at least one year.  Service to begin on June 1, 2000

Counsel:  Squire Sanders, Robert Papkin, 202.626.6600

2004-237 | Filed: June 22, 2004 | Approved: June 22, 2004

Foreign Air Carrier Application for Statement of Authorization

One Round Trip Flight Medellin-San Juan-Medellin Using MD-83 Equipment

Charterer: Showcard

Counsel: Zuckert Scoutt, Richard Mathias, 202-973-7917, RDMathias@zsrlaw.com

2004-301 | Filed: August 13, 2004 | Approved: August 13, 2004

Foreign Air Carrier Application for Statement of Authorization

One Round Trip Medellin-San Juan-Medellin Using MD-83 Equipment

Charterer: Viajes Turaba

Counsel: Zuckert Scoutt, Richard Mathias, 202-973-7917

August 13, 2004

Re: Avianca Charter Application

American Airlines, Inc. will not object to the application submitted by Avianca on August 13, 2004 to operate charter service between Medellin and San Juan, Puerto Rico.

However, we wish to advise the Department that American will object to future applications by Avianca and other Colombian‑flag carriers due to the Government of Colombia's anticompetitive practice of mandating travel agent commission levels within Colombia. Such action by the Government of Colombia is anticompetitive under the International Air Transportation Fair Competitive Practices Act, 49 USC 41310 (C) (1) (A), and denies American and other U.S. ‑flag carriers a fair and equal opportunity to compete under the U.S. ‑Colombia Air Transport Agreement.

Counsel: American, Carl Nelson, 202-496-5647, carl.nelson@aa.com

September 7, 2004

Re: Answer of American Airlines to Application for a Statement of Authorization

American Airlines, Inc. hereby answers in opposition to the captioned application submitted on September 3, 2004 by AVIANCA for a statement of authorization to engage in charter service between Bogota and San Juan.

Through a series of resolutions, the aeronautical authorities of Colombia have mandated the payment of minimum and uniform commissions to travel agencies in Colombia for international flights. In addition, the Colombian authorities have improperly rejected American's internet fare filing, and have even sought to penalize American for its 0% base commission policy on U.S. point‑of‑origin itineraries.

American has consistently and strenuously challenged, at the highest levels of the Colombian government, such extraordinary governmental interference with the prices that American establishes for its services, and the direct or thirdparty distribution channels through which American chooses to sell its products.

Such interference is a clear violation of the U.S.Colombia Aviation Transport Services Agreement, which guarantees to U.S. carriers a "fair and equal opportunity to operate" in the U.S.-Colombia market. Moreover, Colombia's actions are anticompetitive under the International Air Transportation Fair Competitive Practices Act, 49 USC 41310 (C) (1) (A).

In these circumstances, where Colombia is acting in violation of the rights of U.S. carriers, the Department should deny AVIANCA's request for authority until Colombia comes into compliance with its obligations under the U.S.‑Colombia bilateral agreement.

Counsel: American, Carl Nelson, 202-496-5647, carl.nelson@aa.com

2004-227 | Filed September 3, 2004 | Approved: September 10, 2004

Foreign Air Carrier Application for Statement of Authorization

One Roundtrip Flight Bogota-San Juan-Bogota Using B747-200 Equipment

Charterer: Cofiatur LDTA.

Counsel: Condon & Forsyth, Evelyn Sahr, 202-289-0500

AVIANCA Statement of Authorization - Petition of American Airlines for Review of Staff Action

14 CFR 385.30 for Review of Staff Action

September 21, 2004

Petition of American Airlines for Review of Staff Action

For well over a year, the aeronautical authorities in Colombia have mandated the payment of minimum and uniform commissions to travel agencies in Colombia for international flights operated by American and other carriers. Moreover, the Colombian authorities have improperly rejected American's internet fare filings, and have even sought to penalize American for its zero percent base commission policy on U.S. point-of-origin itineraries.

American has consistently and strenuously challenged, at the highest levels of the Colombian government, such extraordinary governmental interference with the prices that American establishes for its services in the U.S. ‑Colombia market, and with the direct or third‑party distribution channels through which American chooses to sell its products.

Such interference is a clear violation of the U.S.-Colombia Air Transport Agreement, which guarantees to U.S. carriers a "fair and equal opportunity to operate" in the U.S.-Colombia market. Moreover, Colombia's actions are anticompetitive under the International Air Transportation Fair Competitive Practices Act, 49 USC 41310(c) (1) (A)

Counsel: American, Carl Nelson, 202-496-5647, carl.nelson@aa.com

TAMPA Cargo S.A. and Aerovias Nacionales de Colombia S.A.

Order 04-12-09
OST-04-18910 - Exemption - Miami-Colombia via Ecuador and Peru
Undocketed

Issued and Served December 13, 2004

Order | Word

In this order, we (1) grant an exemption request by TAMPA CARGO S.A. and (2) affirm a staff action under assigned authority approving a statement of authorization for Aerovias Nacionales de Colombia S.A. TAMPA and Avianca are foreign air carriers of Colombia.

The exemption authority requested by TAMPA is provided for in our bilateral aviation agreement with Colombia, and TAMPA is properly licensed and designated by its government to conduct the proposed services. With respect to the issues raised by Atlas and Arrow, the record indicates that Colombia has recently approved or has announced approval of the requests of Florida West, Atlas and Arrow to U.S-Colombia all-cargo services on a "triangular routing" basis, authority similar to that requested by TAMPA.

It is our view that Colombia's practice of setting a uniform commission rate serves only to increase prices to the traveling public and deprive consumers of choices and competition among airlines serving that country, and that such commissions should properly be negotiated between air carriers and their travel agents, without government interference. Notwithstanding Colombia's actions, it nevertheless appears that the practices reported by American are being applied by the Colombian authorities on a non‑discriminatory basis and apply equally to all carriers in Colombia conducting international services, including Colombian and U.S. carriers.

As to American's petition, for the reasons set forth above, we have decided to affirm the staff's action approving Avianca's request to operate the roundtrip charter flight between Colombia and San Juan. We find that the staff acted properly and in accordance with established practices and policies in reaching its decision. The staff correctly concluded that the matters raised by American could not be resolved in the context of Avianca's request to operate the subject charter flight, and were more appropriately pursued through ongoing U.S. efforts at resolution with the Government of Colombia, through diplomatic channels.

By: Karan Bhatia

February 16, 2005

Re: Answer of Opposition of American Airlines

American's opposition relates to the travel agent policy of the Government of Colombia. Through a series of resolutions, the aeronautical authorities of Colombia have mandated the payment of minimum and uniform commissions to travel agents in Colombia for international flights. In addition, the Colombian authorities have improperly rejected American's effort to offer lower internet fares, and have even sought to penalize American for its 0% base commission policy on U.S. point-of-origin itineraries.

American has consistently and strenuously challenged, at the highest levels of the Colombian government, such extraordinary interference with the prices that American establishes for its services, and with the direct or third-party distribution channels through which American chooses to sell its products.

Counsel: American, Carl Nelson, 202-496-5647, carl.nelson@aa.com

2008-108 | Filed and Approved March 13, 2008

Application for a Statement of Authorization

One round-trip San Juan-Cucuta for March 14, 2008 using an MD-83.

Charterer: Juan Esteban Aristaizabel

Counsel: Zuckert Scoutt, Richard Mathias, 202-978-7917