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Compania Mexicana de Aviacion, S.A. de C.V. and United Air Lines, Inc. (Notice of Action Taken)

OST-96-1988 and Undocketed | Posted June 24, 1997

Notice of Action

Statement of Authorization under 14 CFR Part 212 to permit Mexicana to carry United's code in 21 U. S -Mexico and intra-Mexico city-pair markets (see Attachment 1 of the application), for a period of two years. (The joint application also includes requests by Mexicana and United for underlying operating authority in certain markets and by United for authority to carry Compania Mexicana's code in certain markets. We have concurrently addressed these requests separately.)

In reaching our decision to grant Mexicana authority to carry United's code in the above 18 markets for a period of 179 days (this is not a license with reference to an activity of a continuing nature within the meaning of 5 U.S.C. 558(c)), we found that favorable action for that duration was supported by adequate reciprocity by the Government of Mexico. In that connection, we noted that Mexican authorities have approved the Northwest/Alaska Airlines code-share request (see above) for two consecutive six-month periods. Also, we noted that American Airlines had set forth substantially similar arguments in its petition for review (filed December 11, 1996) of the staff's action approving the Delta/Aeromexico reciprocal codeshare services in various U.S.-Mexico markets (undocketed), which action has been affirmed by the Department in Order 97-1-15 (issued January 21, 1997). American has not raised any new issues for consideration since that Order was issued that would warrant unfavorable or different action on the instant application. Moreover, we note that general issues relating to limitations on authorization of code-share services in the U.S.-Mexico market have been raised in the context of the American Airlines/Aero California code-share application, Dockets OST-97-2477/2481 and undocketed. We intend to address those issues in the context of our decision in that case. The parties in this case are on notice that the authorities granted by our action here will be subject to any decision made on the general issues raised in the American/Aero California code-share case. Further, while granting the above authority, we also deferred action on Mexicana's pending request to carry United's code in the Chicago-Puerto Vallarta, Miami-Cancun, and Newark-Cancun markets and for underlying authority by exemption to conduct scheduled services in various U.S.-Mexico markets (see Attachment 4 ofthe application). That portion of Mexicana's re quest to carry United's code in the three additional markets was not ripe for consideration, because United, at this point, lacks authority to conduct scheduled services in those markets.

By: Paul Gretch / Counsel: Joel Burton for United, 202-637-9130 / Robert Papkin for Mexicana, 202-626-6601


American Airlines, Inc. and Aero California S.A. de C.V. / United Air Lines, Inc. and Compania Mexicana de Aviacion, S.A. de C.V. / Delta Air Lines, Inc. and Aerovias de Mexico, S.A. de C.V. / United Air Lines, Inc.

Order 97-7-31 | OST-97-2477 and OST-97-2481 | Undocketed | OST-96-1988 | OST-97-2161 and Undocketed | Undocketed | Issued July 29, 1997 | Served August 4, 1997

Order Granting (In Part) Exemption and Statements of Authorization and Order to Show Cause

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By this order we grant, in part, the captioned applications of American Airlines, Inc. (American), and Aero California S.A. de C.V. (Aero California), for exemption authority and statements of authorization to permit the carriers to engage in certain code-share services in various U.S.-Mexico markets. Additionally, this order proposes certain conditions to be imposed on all U. S.-Mexico code-share arrangements to permit, in certain instances, direct air carrier services to replace code-share services in a given city-pair market.

By: Charles Hunnicutt


United Air Lines, Inc. and Compania Mexicana de Aviacion, S.A. de C.V. (US-Mexico Codesharing)

OST-96-1988 and Undocketed | August 25, 1997

Answer of Delta Air Lines to Joint Motion for Immediate Action

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To the extent that there is an available designation to provide Miami-Cancun service, Delta is every bit as qualified as United immediately to implement service and utilize the designation. As acknowledged by United, Aeromexico currently operates daily service in that city-pair. Indeed, Delta and Aeromexico have been waiting longer than United/Mexicana to implement service, with an originally-planned Delta start date of April 6, 1997 as compared to May 31, 1997 for United.

Counsel: Delta and Shaw Pittman, Robert Cohn, 202-663-8060


Various Foreign Air Carriers

Order 97-8-18 | Issued August 21, 1997 | Served August 26, 1997

Order


American Airlines, Inc. and Aero California, S.A. de C.V. / United Air Lines, Inc. and Compania Mexicana de Aviacion, S.A de C.V. / Delta Air Lines, Inc. and Aerovias de Mexico, S.A. de C.V. / Northwest Airlines, Inc. / American Airlines, Inc. / United Air Lines, Inc.

Order 97-9-38 | OST-97-2477 and OST-97-2481 | Undocketed | OST-96-1988 | OST-97-2161 and Undocketed | OST-96-1332 | Undocketed | Issued September 29, 1997 | Served October 3, 1997 | Posted October 2, 1997

Final Order and Order on Reconsideration

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By this order we make final our tentative decision in Order 97-7-31, issued July 29, 1997, to condition all existing and future U.S.-Mexico code-share authorities to establish a rebuttable presumption in favor of replacing code-share services with direct air carrier services in a given city-pair market. Further, upon reconsideration, we affirm our decision in Order 97-7-31 to defer action on certain portions of the American/Aero California applications.

It has been our longstanding policy to grant authority only in cases where the route rights are available under the bilateral agreement between the United States and the country involved or where we have assurance from the country involved that it is prepared to approve the proposed operations on an extrabilateral basis. Furthermore, because of the limited-entry nature of the U.S.-Mexico market, along with the dormancy provisions attached to all U.S.-Mexico route authority, we have awarded U. S.-Mexico authority only in markets where carriers have firm plans for service. Consistent with these policies, we granted the applications of American and Aero California only in markets where the authority was available under the U.S.-Mexico aviation agreement and where Aero California held the requisite authority and corresponding Mexican Government designation. No party has presented any persuasive reason to deviate from those polices here.

By: Charles Hunnicutt


United Air Lines, Inc. and Compania Mexiacana de Aviacion, C.V. de S.A.

October 21, 1997

Joint Application for Renewal of Statements of Authorization

Mexico City-San Francisco-Mexico City

Service List

Counsel: Squire Sanders, Robert Papkin, 202-626-6601 for Mexicana / Ginsburg Feldman, Joel Burton, 202-637-9130 for United


United Air Lines, Inc. and Compania Mexicana de Aviacion, S.A. de C.V.

October 29, 1997

Answer of Northwest Airlines

In limiting United's and Mexicanals respective authorizations to code-share, the Department cited the Mexican Government's authorization of code-share services of Northwest and Alaska Airlines for only a six month period. (Order 97-7-31 at 7; confirmed by Order 97-9-38). Given the limited term of the Northwest/Alaska code-share authorization, the Department found it in the public interest to limit statements of authorization to code-share involving Mexican carriers for a comparable period.

To Northwest's knowledge, the Mexican Government's position with respect to the extension of the Northwest/Alaska code-share arrangement has not changed. Hence, it is in the public interest for the Department to continue to restrict to 180 days all codeshare authorizations involving Mexican carriers, including the aforementioned United/Mexicana code-share authorizations, thereby depriving Mexican carriers of the benefit of the procedural safeguards of the Administrative Procedure Act with respect to such services.

The Governments of the United States and Mexico are tentatively scheduled to conduct negotiations on code-sharing issues in early November. The Department's continued limitation of Mexican carriers' code-share authorizations will send a clear message that the Mexican Government should endeavor to resolve the problems encountered by Northwest and Alaska Airlines during the upcoming negotiations.

Counsel: Northwest, Megan Rae Poldy, 202-842-3193


United Air Lines and Compania Mexicana de Aviacion - Answer of Continental

October 30, 1997

Re: Joint Applications of United Air Lines and Compania Mexicana de Aviacion for Renewal of Statements of Authorization for Codeshare Services

Continental takes no position on virtually all of the joint United/Mexicana application. Continental objects, however, to the renewal of the United/Mexicana code-share authority for the San Antonio-Mexico City route for the reasons stated in Continental's September 17, 1997, reply in Docket OST-97-2846, where Continental has applied for authority to operate its own San Antonio-Mexico City flights. The Department has now adopted its policy replacing code-share service with direct operations by U.S. carriers in U.S.-Mexico city-pair markets where insufficient designations are available to permit both. (See Order 97-9-38) Since Continental has proposed to institute its own flights on December 18, 1997, replacing the United/Mexicana code-share service, Mexicana's authority should not be renewed unless and until Mexico agrees to a third U.S. designation on the San Antonio-Mexico City route.

Counsel: Crowell Moring, R. Bruce Keiner, 202.624.2615


United Air Lines, Inc. and Compania Mexicana de Aviacion, S.A. de C.V.

97-79 | November 10, 1997

Re: Joint Application - Response of United

Continental, on the other hand seems determined to "replace" United as a competitor on this route and now asks that Mexicana's statement of authorization to code share for United on Mexicana's SAT-MEX services not be renewed. As United noted in its previous answer, in the event Mexico will not agree to sufficient designations to allow all interested carriers to offer SAT-MEX service, the Department will have to institute procedures under the condition imposed in Orders 97-9-38 and 97-7-31 to determine whether the services proposed by Continental "would provide benefits and service options superior to [United's] code-share operations" in the SAT-MEX market. Order 97-9-38 at 6. The Department has not yet instituted such a proceeding.

Counsel: Ginsburg Feldman, Joel Burton, 202-637-9130, jburton@gfblaw.com


United Air Lines, Inc. and Compania Mexicana de Aviacion, S.A. de C.V.

November 26, 1996

Re: Joint Application - Redacted Copy of Codeshare Agreement

Counsel: Squire Sanders, Robert Papkin for Mexicana / Ginsburg Feldman, Joel Burton for United


United Air Lines, Inc. and Compania Mexiacana de Aviacion, C.V. de S.A.

97-79 | Filed October 21, 1997 | Approved December 18, 1997

Joint Application for Renewal of Statements of Authorization - Approval Stamp is on Page 3

Mexico City-San Francisco-Mexico City

DOT Attachment | DOT Attachment

Counsel: Squire Sanders, Robert Papkin, 202.626.6601 for Mexicana / Ginsburg Feldman, Joel Burton, 202.637.9130 for United


United Air Lines and Compania Mexicana de Aviacion

97-80 | Filed October 31, 1997 | Approved December 18, 1997

Re: Joint Renewal of Statements of Authorization for Codeshare Services

Denver-Mexico City

DOT Attachment | DOT Attachment

Counsel: Squire Sanders, Robert Papkin, 202.626.6601 for Mexicana / Ginsburg Feldman, Joel Burton, 202.637.9130 for United


Mexicana Airlines and United Air Lines, Inc. - (Codesharing Denver-Zacatecas)

February 5, 1998

Re: Application for Statement of Authorization - Answer of American Airlines, Inc. and Aero California, S.A. de C.V.

The Department should not grant Mexicana's request unless it simultaneously grants the request submitted by American and Aero California on February 4, 1998 for immediate action on discrete city-pairs included in the applications for codeshare statements of authorization that American and Aero California submitted on May 7, 1997 and September 30, 1997.

Counsel: Steptoe Johnson, David Coburn for Aero California, 202.429.8063; Carl Nelson, Jr. for American, 202.496.5647


Mexicana Airlines and United Air Lines, Inc.

March 3, 1998

Application for Statement of Authorization

Display the two-letter designator code of United Air Lines, Inc. ("United") on Mexicana's flights between Mexico City and Miami. Mexicana and United intend to commence codeshare operations on this route on July 11, 1998 and request the Department's prompt approval of this application so that sales of this new service may begin without delay on March 14, 1998. Mexicana requests that the Department approve its statement of authorization for a period of at least one year.

United will place its two-letter designator code on flights operated by Mexicana between Mexico City and Miami, thus requiring that Mexicana obtain from the Department a statement of authorization. Mexicana will operate these flights with B727-200 or A310 aircraft configured to seat 156 passengers. Mexicana understands that United has notified Aeromexico of its intention to cease codeshare operations with Aeromexico on the Mexico City-Miami route effective after July 10, 1998.

Counsel: Squire Sanders, Charles Donley II, 202.626.6840


Mexicana Airlines and United Air Lines, Inc. - (Codesharing Mexico City-Miami)

March 12, 1998

Re: Application for Statement of Authorization - Answer of American Airlines, Inc. and Aero California, S.A. de C.V.

In any event, American and Aero California urge the Department to consider a moratorium on U.S.-Mexico codeshare approvals. Following governmental discussions in January 1998, which were held after months of delay, Mexico was noncommittal on codeshare liberalization, and asked for a further period of 60 days to consider the economic impact of codesharing. Clearly, Mexico will not seriously consider liberalization so long as the government-controlled Cintra Group carriers, Mexicana and Aeromexico, along with their U.S. partners, United and Delta, continue to receive codeshare approvals from the United States.

Counsel: Steptoe Johnson, David Coburn for Aero California, 202.429.8063; Carl Nelson, Jr. for American, 202.496.5647


Mexicana Airlines and United Air Lines, Inc.

March 20, 1998

Re: Application for Statement of Authorization - Reply of Mexicana Airlines and United Air Lines, Inc.

American's hypersensitivity with respect to even the most mundane of codeshare applications is apparently boundless. Only ten days after the Department rejected virtually identical arguments, American again seeks the Department's assistance to support the imposition of a total freeze on the grant of United States-Mexico codeshare authority. Mexicana and United urge the Department to make clear that it will not accede to American's totally unjustified demands and that further pleadings that seek so transparently only to delay legitimate requests for operating authority will be neither considered nor tolerated.

Counsel: Squire Sanders, Charles Donley II for Mexicana, 202.626.6840; Joel Burton for United


Compania Mexicana de Aviacion - (Notice of Action Taken)

Undocketed | Filed March 3, 1998 | Action Taken April 7, 1998 (Posted April 13, 1998 in Office of Int'l Aviation)

Notice of Action

Statement of Authorization under 14 CFR Part 212 to permit Mexicana to carry United Air Lines' code on Mexicana's scheduled services between Mexico City, Mexico, and Miami, Florida, for a period of one year, beginning July 11, 1998.

Applicant Rep.: Charles Donley II, 202.626.6840


United Air Lines, Inc. and Compania Mexiacana de Aviacion, C.V. de S.A. - (Codeshare Services)

98-31 | April 15, 1998

Re: Joint Application for Renewal of Statements of Authorization

The carriers hereby jointly apply, under 14 CFR Parts 207 and 212, for renewal of their respective statements of authorization to engage in reciprocal code-share services between the U.S. and Mexico and between Mexico and Costa Rica. Specifically, United and Mexicana request renewal of the statements of authorization granted by Notices dated June 24, 1997, in Docket OST-96-1988 and confirmed by Order 97-7-31, July 29, 1997 and by Notice 97-424, dated July 16, 1997 (SFO-MEX- SFO). Renewal of these statements of authorization (with the exception of San Antonio-Mexico City) was granted on December 18,1997 and the authority now expires on June 14, 1998.

United also requests renewal of the statement of authorization granted on December 18, 1997 which amended its statement of authorization issued by Notice dated June 24, 1997, in Docket OST-96-1988 (Order 97-7-31). This amendment allowed United to display Mexicana's designator code on flights operated by United between Denver and Mexico City (DEN-MEX- DEN) and this authority also expires on June 14, 1998. Finally, Mexicana requests renewal of its statement of authorization issued by Notice of Action Taken dated March 20, 1998, in Docket OST-97-3237 to allow it to display United's designator code in additional U.S.-Mexico city pairs. That authority also expires on June 14, 1998.

Service List

Counsel: Squire Sanders, Robert Papkin, 202.626.6601 for Mexicana; Ginsburg Feldman, Joel Burton for United, 202.637.9130


Delta Air Lines, Inc. and Aerovias de Mexico, S.A. de C.V. / United Air Lines and Compania Mexicana de Aviacion, S.A. de C. V. - (Renew Parts 207 & 212)

April 24, 1998

Re: Joint Applications for Renewal of Statements of Authorization - Answer of American Airlines, Inc. and Aero California, S.A.

The Mexican authorities may be comfortable with the status quo, but the Department should not accept a strategy that effectively forecloses competition. Rather, the Department should insist upon a prompt resolution of the code-share matter through continued bilateral discussions by, for example, requesting consultations under Article 12 of the bilateral. American and Aero California understand that a 60-day period for the Mexican response to liberalization proposals made by the United States during January 1998 discussions has passed without any response having been made, and that the Mexican Government has not even engaged the outside consultant whose report was to provide the basis for the Mexican response. Such delay is intolerable in a setting where Aero California and American remain at a competitive disadvantage relative to the Mexican government-owned airlines.

The Department should thus press the Mexican negotiators to respond to liberalization proposals and, barring a timely and appropriate response, should limit the code-share renewals sought here to no more than 70 days and closely tie any further renewal to progress at the bilateral discussions. Further, the Department should insist upon a solution that eliminates the requirement for designation of each carrier for hundreds of city pairs with respect to code-share arrangements. The two-carrier city-pair designation limit applies with respect to physical operations, which are the only type of operations addressed in the U.S./Mexico bilateral agreement. Code-share arrangements are extra-bilateral, and nothing in the bilateral suggests that the same designation rules need apply to such services. A liberalized approach will maximize competitive opportunities in a manner fully consistent with U.S. international aviation policy and the U.S./Mexico bilateral. Finally, American and Aero California encourage the Department to announce that it will refuse to consider any expanded code-sharing arrangements between U.S. and Mexican carriers.

Counsel: Steptoe Johnson, David Coburn for Aero California, 202.429.3902; Carl Nelson, Jr. for American, 202.496.5647


United Air Lines, Inc.

98-56 | May 20, 1998

Re:  Application for Amendment of Statement of Authorization - Codeshare for Mexicana: Chicago-Toronto

United requests that the Statement of Authorization be amended to allow United to display Mexicana's designator code on flights operated by United between Chicago and Toronto, Canada. Mexicana's Chicago-Toronto service would be offered on a blind-sector basis -- i.e., the MX* traffic on United's flights would be traffic carried between Chicago and points in Mexico on Mexicana's services.

Service List

Counsel:  Ginsburg Feldman, Joel Burton, 202-637-9130


United Air Lines, Inc. and Mexicana

98-56 | May 28, 1998

Re: United/Mexicana Codesharing - Answer of American Airlines

In view of the regrettable inability of the United Sates to reach an acceptable agreement with Mexico for third and fourth freedom codesharing, it would be highly imprudent and contrary to the pubilc interest to permit Mexicana to continue to expand its codeshare services via the US.

Counsel:  American, David Schwarte


United Air Lines, Inc. and Mexicana

98-56 | June 9, 1998

Re: Application of United Air Lines, Inc. for Statement of Authorization - Reply of Mexicana

American's answer adds nothing to the record. All of the objections raised by American have been made previously, considered fully, and rejected by the Department. Choosing to ignore this simple fact, American instead seems committed to continuing its litany of misinformation about Mexicana and the Cintra Group in a transparent effort to stymie Mexicana and United in their effort to bring increased benefits to travelers. The Department rejected American's objections in the past and it should reject them today.

American's suggestion that a monolithic Mexican Government controls and manipulates the Cintra Group for the purpose of blocking the expansion of American's codeshare with Aero California is inaccurate and without merit. Mexicana operates subject to the same rules and conditions as Aero California, and obtains designations to serve codeshare markets in the same manner as Aero California or any other Mexican carrier.

Counsel: Squire Sanders, Robert Papkin, 202.626.6600

98-31 | Filed April 15, 1998 | Approved June 12, 1998 through December 8, 1998

Re: Joint Statements of Authorization | DOT Attachment

United Airlines, Inc. ("United") and Compania Mexicana cle Aviacion, C.V. de S.A., ("Mexicana") hereby jointly apply, under 14 CFR Parts 207 and 212, for renewal of their respective statements of authorization to engage in reciprocal code-share services between the U.S. and Mexico and between Mexico and Costa Rica. Specifically, United and Mexicana request renewal of the statements of authorization granted by Notices dated June 24, 1997, in Docket OST-96-1988 and confirmed by Order 97-7-31, July 29, 150 and by Notice 97-424, dated July 16,1997 (SFO-MEX-SFO). Renewal of these statements of authorization (with the exception of San Antonio-Mexico City) was granted on December 18, 1997 and the authority now expires on June 14, 1998.

United also requests renewal of the statement of authorization granted on December 18, 1997 which amended its statement of authorization issued by Notice dated June 24, 1997, in Docket OST-96-1 988 (Order 97-7-3 1). This amendment allowed United to display Mexicana's designator code on flights operated by United between Denver and Mexico City (DEN-MEX-DEN) and this authority also expires on June 14, 1998

Counsel: Squire Sanders, Robert Papkin for Mexicana, 202.626.6600; Ginsburg Feldman, Joel Burton for United, 202.637.9130


Mexicana Airlines

98-279 | Filed May 13, 1998 | Approved June 12, 1998 through December 8, 1998

Re: Renewal of Statement of Authorization | DOT Attachment

Mexicana's flights in the Chicago-Morelia and San Francisco-Morelia markets are carrying United's code currently, generating significant service benefits and options for the public.

Counsel: Squire Sanders, Charles Donley II, 202.626.6840


Mexicana Airlines - (Codeshare Mexico City-Miami with United Air Lines, Inc.)

98-128 | September 25, 1998

Re: Codeshare Statement of Authorization - DOT Letter

By: Allen Brown


United Air Lines, Inc. and Compania Mexicana de Aviacion, S.A. de C.V.

November 12, 1998

Re:  Joint Application for Renewal of Statements of Authorization - Codeshare Services

Counsel:  Kirkland Ellis, Jeffrey Manley, 202-879-5000 for United / Squire Sanders, Robert Papkin, 202-626-6601 for Mexicana


United Air Lines, Inc. and Compania Mexicana de Aviacion, C.V. de S.A.

98-114 | November 12, 1998

Re:  Joint Application for Renewal of Statements of Authorization (Code-Share Services)

United Air Lines, Inc. ("United") and Compania Mexicana de Aviacion, C.V. de S.A. ("Mexicana") hereby jointly apply, under 14 C.F.R. Part 212, for renewal of their respective statements of authorization to engage in reciprocal code-share service between the U.S. and Mexico and between Mexico and Costa Rica. The code sharing authorized by these statements of authorization is detailed in the attachment submitted herewith.

Code-Share City-Pairs | Service List

Reciprocal code-share service between the U.S. and Mexico and between Mexico and Costa Rica

Counsels:  Kirkland & Ellis, Jeffrey Manley for United, 202.879-5000, Squire Sanders, Charles Donley II for Mexicana, 202.626.6601


United Air Lines, Inc. and Compania Mexicana de Aviacion, S.A. de C.V.

98-114 | November 23, 1998

Re:  Joint Reply of American Airlines and Aero California

No real enhancement of public benefits from U.S./Mexico cross-border codesharing can occur until Mexican aeronautical authorities relax their restrictive designation rule with respect to codesharing. Mexican policy in this respect restrains, rather than enhances, transborder codeshare opportunities. The policy serves to protect the market position of Mexicana and its commonly-owned sister carrier Aeromexico (both of which are essentially owned and controlled by the Mexican government) at the expense of privately-owned Aero California. Unfortunately Mexican authorities have avoided responding to U.S. proposals seeking to find a solution to the issue. As a result, far fewer U.S.-Mexico city pairs enjoy the "enhanced" service benefits of codesharing than would be the case if Mexican authorities were persuaded to relax their restrictive designation rule for codesharing.

Counsel:  Steptoe Johnson, David Coburn, 202-429-8063 for Aero California / American, Carl Nelson, 202-496-5647


United Air Lines, Inc. and Compania Mexicana de Aviacion, C.V. de S.A.

98-114 | Filed November 12, 1998 | Issued December 4, 1998 | Expires June 1, 1999

Re:  Joint Application for Renewal of Statements of Authorization (Code Share Services)

Renewal of their respective statements of authorization to engage in reciprocal code-share service between the U. S. and Mexico and between Mexico and Costa Rica.   We have decided to extend the requested code-share authorizations for 179 days. We anticipate meeting with Mexican officials in the near future in the interest of achieving liberalization of the U.S.-Mexico code-share regime. In the meantime, we believe that our policy to limit U.S./Mexican carrier code-share authorities to 179 days provides an adequate opportunity to monitor closely the aviation relationship with Mexico in this regard, while still facilitating the services that U.S. and Mexican carriers, including American and Aero California, now provide.

Counsels:  Kirkland Ellis, Jeffrey Manley for UAL, 202.879.5000 and Squire Sanders, Charles Donley II for Mexicana, 202.626.6601


United Air Lines, Inc. and Compania Mexicana de Aviacion, S.A. de C.V. / United Air Lines, Inc.

OST-97-3237
Undocketed
May 6, 1999 Joint Motion of United Air Lines and Mexicana for Immediate Action

Scanned Copy

US-Mexico Codesharing / Chicago-Toronto Codeshare with Mexicana HTML
    Service List    

Immediate action on (1) their joint application in Docket OST-97-3237, as amended February 12, 1999, and supplemented February 22, 1999, for expanded U.S.-Mexico code-share authority; and (2) United's application dated May 20, 1998, for a statement of authorization to code share for Mexicana on a blind sector basis on United's flights between Chicago, Illinois and Toronto, Canada. United and Mexicana understand that these authorizations have been delayed pending the Department's review of its policy concerning contractually agreed exclusivity provisions contained in carriers' code-share agreements. On May 3, 1999, the Department issued an order providing additional guidance on this subject (Order 99-5-2). Consistent with the policy announced in that order and the January 26, 1999 amendment to the U.S.-N4exico air transport agreement, United and Mexicana submit that their applications for expanded U.S.-Mexico code-share authority should be promptly approved without any condition on the carriers' right to enforce their contractual exclusivity provision.

Counsel:  Squire Sanders, Robert Papkin, 202-626-6601 / United and Kirkland Ellis, Jeffrey Manley, 202-879-5161


United Air Lines, Inc. and Compania Mexicana de Aviacion, S.A. de C.V. / United Air Lines, Inc.

OST-97-3237
Undocketed
May 17, 1999 Joint Answer of Delta Air Lines and Aeromexico

Scanned Copy

US-Mexico Codesharing / Chicago-Toronto Codeshare

Like United, Delta and Aeromexico have pending applications for U.S.-Mexico codeshare authority which the Department has not yet acted upon. The immediate grant of codeshare authority for Delta to list Aeromexico’s code on Delta’s new Atlanta-Guadalajara nonstop flights is particularly urgent because the new service is scheduled to begin on July 1, 1999. Without the additional codeshare traffic generated by Aeromexico, the economic viability of this service would be substantially impaired.

Counsel:  Delta and Shaw Pittman, Robert Cohn, 202-663-8060 / Verner Liipfert, William Evans, 202-371-6030 for Aeromexico


United Air Lines, Inc.

98-56 | Filed May 20, 1998 | Approved June 4, 1999

Re:  Application for Amendment of Statement of Authorization - (Code-Share for Mexicana:  Chicago-Toronto)

Attachment - DOT Approval Page

By:  Teresa Bingham


United Air Lines Inc and All Nippon Airways Co., Ltd. and Air France and Delta Air Lines, Inc. and Continental Airlines, Inc. and Continental Express, Inc. and Aerovias de Mexico, S.A. de C.V. and Compania Mexicana de Aviacion, S.A. de C.V.

Order 99-8-14
Undocketed
OST-99-5593

OST-99-5573
OST-98-4577
OST-97-3289
OST-97-2161
OST-97-3237
OST-99-5582

Exclusivity Docket

Issued and Served August 18, 1999 Order

Scanned Copy
Captured PDF

US-Japan Code Sharing
US-France Code Sharing
US-Mexico Code Sharing

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