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
Updated:
Alaska Airlines - 2008 Filings
|
Alaska Airlines, Inc. OST-1996-1637 - From 41; Schedule B-7 and B43 March 26, 2008 Motion for Confidential Treatment - Pages 1 and 4 Missing on FDMS Counsel: Alaska Air, Karen Gruen, 206-392-5102
OST-2006-24930 - Exemption - Seattle-Cancun; Portland-Puerto Vallarta/San Jose del Cabo April 15, 2008 Application for Renewal of Exemption Alaska Airlines, Inc. hereby requests renewal of the exemption authority granted to it by the Department of Transportation in the above-captioned docket to perform seasonal scheduled foreign air transportation of persons, property and mail between (i) Seattle, Washington, and Cancun, Mexico; and (ii) Portland, Oregon, and Puerto Vallarta/San Jose del Cabo, Mexico. This exemption authority expires on June 15, 2008. Alaska requests renewal of this authority for a two-year period on its existing terms and conditions. Alaska currently operates seasonal service in the Seattle-Cancun and Portland-Puerto Vallarta/San Jose del Cabo markets. Consel: Squire Sanders, Marshall Sinick, 202-626-6651, msinick@ssd.com
OST-2006-25077 - Exemption - San Francisco-Cancun April 29, 2008 Application for Renewal of Exemption Alaska Airlines, Inc. hereby requests renewal of the exemption authority granted to it by the Department of Transportation in the above-captioned docket to perform seasonal scheduled foreign air transportation of persons, property and mail between San Francisco, California, and Cancun, Mexico. This exemption authority expires on July 10, 2008. Alaska requests renewal of this authority for a two-year period on its existing terms and conditions. Alaska currently operates seasonal service in the San Francisco-Cancun market. Counsel: Squire Sanders, Marshall Sinick, 202-626-6651, msinick@ssd.com
OST-2006-25107 - Exemption - Los Angeles-La Paz April 29, 2008 Application for Renewal of Exemption Alaska Airlines, Inc. hereby requests renewal of the exemption authority granted to it by the Department of Transportation in the above-captioned docket to perform scheduled foreign air transportation of persons, property and mail between Los Angeles, California, and La Paz, Mexico. This exemption authority expires on July 5, 2008. Alaska requests renewal of this authority for a two-year period on its existing terms and conditions. Alaska currently operates service in the Los Angeles-La Paz market. Counsel: Squire Sanders, Marshall Sinick, 202-626-6651, msinick@ssd.com
OST-1996-1637 - From 41; Schedule B-7 May 8, 2008 Motion for Confidential Treatment Counsel: Alaska Air, Kyle Levine, 206-392-5292
OST-1999-6276 - Exemption - Route 559 (US-Mexico) May 27, 2008 Re: Will Not Renew Seasonal Market Services In accordance with Condition 10 of Alaska Airlines, Inc. 's Certificate of Public Convenience and Necessity for Route 559 (San Francisco-Mazatlan, Docket OST-1999-6276), and Condition 7 of Appendix A of Order 1988-10-2 applicable to Alaska's exemptions to serve San Francisco-Zihuatanejo/lxtapa (Docket OST-2003-16713) and San Francisco-Cancun (Docket OST-2006-25077), Alaska hereby notifies the Department of Transportation that Alaska will not resume seasonal service in these markets. Alaska has no objection to cancellation of its designations to serve San Francisco-Mazatlan, San Francisco-Zihuatanejo/Ixtapa, and San Francisco-Cancun. Alaska hereby withdraws its pending applications for renewal of its exemptions in Dockets OST-2003-16713 and OST-2006-25077. Alaska also withdraws its pending request for renewal of its Certificate of Public Convenience and Necessity for Route 559 in Docket OST-1999-6276, but only to the extent its request seeks renewal of its authority to serve San Francisco-Mazatlan. Alaska's certificate for Route 559 contains authority to serve a number of U.S.-Mexico routes. Alaska withdraws only its request for renewal of its certificate authority to serve San Francisco-Mazatlan. Counsel: Squire Sanders, Marshall Sinick, 202-626-6651, msinick@ssd.com
OST-2004-19419 - Exemption - Los Angeles-Loreto May 27, 2008 Re: Will Not Renew Seasonal Market Services Alaska Airlines, Inc. hereby notifies the Department of Transportation that, after September 7, 2008, Alaska will no longer operate its own aircraft between Los Angeles, California, on the one hand, and La Paz and Loreto, Mexico, on the other hand. Alaska will, however, continue to display its two-letter designator code on flights operated by Horizon Air Industries, Inc. between Los Angeles and Loreto. Alaska therefore wishes to maintain in effect its exemption in Docket OST-2004-19419. Alaska has no objection to the substitution of a codeshare authorization, permitting Alaska to hold out Los Angeles-Loreto service, for its designation. Horizon currently holds an exemption authorizing it to operate between Los Angeles and Loreto, and displays Alaska's designator code on its flights. Notice of Action Taken, Docket OST-2007-28179, June 22, 2007. Alaska understands Horizon is today applying to the Department for an exemption authorizing Horizon to serve Los Angeles-La Paz, beginning September 8, 2008. Upon approval of Horizon's application, Alaska will display its designator code on Horizon's Los Angeles-La Paz flights. Alaska therefore wishes to maintain in effect its exemption in Docket OST-2006-25107, but would have no objection to the substitution of a codeshare authorization for its designation for this route, and award of the designation to Horizon, effective September 8, 2008. Counsel: Squire Sanders, Marshall Sinick, 202-626-6651, msinick@ssd.com
OST-2008-0181 - Temporary Blanket Dormancy Waiver June 3, 2008 Joint Application for Temporary Blanket Dormancy Waiver and Motion to Shorten Answer Period As a result of an unprecedented 82.5% increase in fuel costs over the last 12 months and increasingly difficult economic conditions, analysts are predicting that "airline industry losses could top $7.2 billion this year." The U.S. airline industry already suffered losses of over $1.7 billion in the first quarter of 2008 (excluding special items), seven thousand airline industry employees have lost their jobs, at least seven airlines have filed for bankruptcy, six of them are being liquidated, business travel is declining, deliveries of the new, fuel-efficient B-787 aircraft slated to replace less fuel-efficient aircraft on international routes have been delayed, and all U.S. airlines are being forced to re-evaluate the flights they offer to avert financial catastrophe. Airlines are eliminating routes, reducing and simplifying their fleets, and testing the limits of fare increases and other fees required to recoup crushing fuel costs. Like most network carriers, the Joint Applicants will be reducing the number of flights they operate significantly, particularly during periods of low demand. As a result of the extraordinarily difficult circumstances currently affecting airlines, the Joint Applicants request a waiver of all applicable dormancy conditions in their frequency allocations and limited entry authority for a period of two years from the Department's decision waiving the dormancy requirements and urge the Department to act on this request as quickly as possible but no later than June 30. The Joint Applicants agree to notify the Department by February 15, 2010, if service will be suspended on routes subject to dormancy conditions after June 30, 2010, and they will not object to temporary re-allocation of unused frequencies or dormant limited-entry route rights to other airlines during the waiver period. Waivers granted on these terms will strike an appropriate balance between the urgent need of the airlines for flexibility and the importance of permitting utilization of valuable limited-entry frequencies and routes. Granting the waivers requested by the Joint Applicants will relieve all parties of the burden of submitting individual waiver requests and processing them during this critical period. Similar relief was granted to the airlines when the carriers faced equally difficult circumstances after September 11, 2001. (See Order 2001-11-15) In these perilous times, airlines should not be required to operate flights that are uneconomic during periods of low demand to preserve their long-term investments in operating rights in limited-entry markets, and neither the carriers nor the Department should be burdened with processing numerous applications for specific waivers when they have far more important tasks before them. Counsel: Squire Sanders, Marshall Sinick, 202-626-6651 for Alaska / Carl Nelson, 202-496-5647 for American / Crowell & Moring, Bruce Keiner, 202-624-2615 for Continental / Scott McClain, 404-773-6514 for Delta / Sascha Van der Bellen, 202-842-3193 for Northwest / Wilmer Hale, Bruce Rabinovitz, 202-663-6000 for United / Howard Kass, 703-872-5230 for US Airways
OST-2008-0181 - Temporary Blanket Dormancy Waiver
Served June 4, 2008 Notice Shortening Answer Period On June 3, 2008, seven certificated U.S. air carriers submitted a joint application for a temporary two-year blanket waiver of all dormancy conditions applicable to their frequency allocations and other limited entry international authority. They also requested that we establish a six-calendar-day answer period for responses to the joint application. In the interest of reaching an expedited decision, we have decided to make answers to the joint application due June 10. Replies are due June 13. By: Paul Gretch
June 3, 2008 Re: Revised Certificate of Service On behalf of the Joint Applicants in OST-2008-0181, attached is a revised certificate of service. The revised service list includes all certificated US air carriers identified by the Department at http://ostpxweb.ost.dot.gov/aviation/certific/certlist.pdf, last updated May 18, 2008. Counsel: American, Carl Nelson, 202-496-5647
June 4, 2008 Answer of Frontier Airlines to Joint Application The seven airlines listed above filed a joint application with the Department of Transportation for a temporary blanket dormancy waiver applicable to their frequency allocations and other limited entry international authority for a period of two years beginning as soon as possible subject to the conditions set forth in the Joint Application. Frontier Airlines does not oppose this Application. If the Department grants the Joint Application, the authority approved should be provided to all carriers. As the Joint Applicants stated in their application, "the Joint Applicants urge the Department to grant comparable international dormancy waiver relief to all air carriers." Therefore, Frontier Airlines hereby asks the Department to grant to it the identical temporary waivers or exemptions from dormancy conditions on their frequency allocations and limited entry authorities for the same time period as those granted to the Joint Applicants. Counsel: Wiley Rein, Edward Faberman, 202-719-7000
OST-2008-0181 - Temporary Blanket Dormancy Waiver June 6, 2008 jetBlue Airways answers in support of the application filed in the above-captioned proceeding. Given the current conditions facing jetBlue and the industry, granting it and others the flexibility to tailor its operations to the conditions it faces without the need for filing of pleadings at DOT is good administrative policy and will provide efficiency both air carriers and the Department. Like the Joint Applicants, the exponential increase in fuel costs and increasingly difficult economic conditions have impacted jetBlue. As a result, jetBlue respectfully requests that the Department grant it the same relief requested by the Joint Applicants. jetBlue agrees to abide by the condition set forth in the Joint Application, requiring the notification of the Department by February 15, 2010, if service will be suspended on routes subject to dormancy conditions after Juen 30, 2010. Given that jetBlue plans to serve all routes for which it has been granted authority by the Department, it does not support the temporary use by others of routes or frequencies during a period when jetBlue is not using the restricted route or frequency. Counsel: Dow Lohnes, Jonathan Hill, 202-776-2000
OST-2008-0181 - Temporary Blanket Dormancy Waiver June 10, 2008 SkyWest Airlines strongly supports the Joint Applicants' request for an immediate two-year blanket dormancy waiver for all airlines holding international route authority. In addition to the reasons presented by the Joint Applicants, the dramatic cut-backs in operations, employees and fleets announced last week by United and Continental, and last month by American, underscore the urgent need for such blanket temporary waiver relief. The Department should grant Sky West, the Joint Applicants and all other airlines a two-year waiver of, or exemption from, dormancy conditions on their frequency allocations and limited entry authority without delay. Counsel: Crowell & Moring, Lorraine Halloway, 202-624-2538
OST-2008-0181 - Temporary Blanket Dormancy Waiver
June 10, 2008 Joint Answer of FedEx, Polar Air Cargo and UPS The Joint Cargo Airline Parties have no objection to the grant of the application provided that the Department of Transportation grant all U.S. carriers, including all-cargo carriers, the relief requested. In addition, the Joint Cargo Airline Parties request that the Department adopt expedited procedures for approving applications of carriers that wish to utilize the authority covered by any temporary dormancy waivers. While the Joint Cargo Airline Parties have no current plans to temporarily cease using any frequencies or limited entry route rights, the Joint Cargo Airline Parties believe that granting a blanket dormancy waiver to all U.S. carriers would reduce the time and resources spent by the Department and US. carriers on individual dormancy waiver applications. While the Joint Cargo Airline Parties do not object to the Joint Application if the Department provides the temporary blanket dormancy waiver to all U.S. carriers, the Joint Cargo Airline Parties believe that the unused authority should be available for use by another air carrier for the duration of the entire waiver period and request that the Department adopt an expedited procedure for reviewing and granting applications of U.S. carriers that wish to use the authority covered by any blanket waiver. Counsel: James Davis, 901-434-8488 for FedEx / Kevin Montgomery, 202-828-1002 for Polar Air Cargo / Michael Francesconi, 502-329-6541 for UPS
June 10, 2008 Answer of Spirit Airlines in Opposition to Joint Application for a Temporary Dormancy Waiver Spirit believes this is a purely anticompetitive effort by these legacy carriers to essentially put in deep freeze valuable and highly contested limited international route authority to the detriment of the traveling public. For these reasons, and as set forth below, Spirit answers to strongly oppose the Application’s unprecedented request to suspend market place competition for a period of two years, in what are already the most restricted U.S. aviation markets. Significantly, the requested relief is contrary to law including the governing statute and important established Department policies. Spirit does not believe the conditions of the market justify or would benefit from the blanket suspension of the important and “longstanding policy not to permit valuable operating rights to remain unused for an extended period.” Order 2005-4-13 (April 12, 2005). This policy is incorporated in the use-or-lose condition established by the dormancy requirements. it was almost the precisely same mix of rapidly escalating fuel prices and a slowing economy that served as the catalyst for airline deregulation. As chronicled by the Air Transport Association, in the early 1970s the Civil Aeronautics Board imposed a moratorium on new route awards. Then, in the aftermath of the 1973 Arab oil embargo, which led to inflation and falling demand, the CAB permitted the U.S. airlines to raise fares and enter into agreements to reduce capacity on major routes. As the ATA reports, “none of these moves, which made flying more costly, was popular with the public,” and quickly advanced the movement to deregulation, where the policies referenced above were established. Counsel: Kirstein & Young, Joanne Young, 202-331-3348
OST-2008-0198 - Statment of Authorization - Seattle/Los Angeles/San Francisco-US Domestic Points Codesharing June 10, 2008 By: Hakjin Park
OST-2008-0181 - Temporary Blanket Dormancy Waiver June 13, 2008 Joint Reply of The Joint Applicants Every certificated U.S. carrier (over 130 airlines) was served with the application, which received the strong support or concurrence of multiple carriers including FedEx Express, Frontier, JetBlue, Polar, SkyWest and UPS. Only a single airline, Spirit, opposed the joint application. Spirit operates limited international services, and has no intercontinental range aircraft. In the current environment, all carriers with significant international operations need to be able to respond rationally and appropriately to the immediate fuel price crisis without jeopardizing routes that are of long term importance to their networks, their customers, and the communities they serve. Accordingly, the joint application should be granted without delay. Given Spirit's limited international interests, its motive in opposing the joint request appears to stem from "sour grapes" over not receiving multiple awards in the recent U.S.-Colombia (OST-2007-0006) service proceeding. Such parochial motives are no basis for denying the joint request. Counsel: Squire Sanders, Marshall Sinick, 202-626-6651 for Alaska / Carl Nelson, 202-496-5647 for American / Crowell & Moring, Bruce Keiner, 202-624-2615 for Continental / Scott McClain, 404-773-6514 for Delta / Sascha Van der Bellen, 202-842-3193 for Northwest / Wilmer Hale, Bruce Rabinovitz, 202-663-6000 for United / Howard Kass, 703-872-5230 for US Airways
OST-2008-0181 - Temporary Blanket Dormancy Waiver June 20, 2008 Response of Spirit Airlines to Joint Reply Spirit opposed the Joint Applicants because the carriers are requesting the Department to endorse a request that is anticompetitive, and ignores established law and Department policy by effectively and collectively freezing route authority in restricted international markets. Spirit’s objection has nothing to do with “sour grapes.” However, Spirit does strongly believe carriers that within the last several months, and as fuel prices continued to rise, confirmed their intentions to institute new service, should not be given a two year pass on instituting this authority if other carriers are prepared to use those frequencies. While currently there may be no U.S. carriers other than the Joint Applicants that are able to operate to China or Japan, markets that might raise unique operating issues in the current environment given the very long distances involved, such limitations do not apply to shorter haul restricted markets in South America that are easily reached with narrow bodied aircraft. There are a number of carriers, including low fare carriers, who could operate these services to these destinations and would now be prepared to serve if frequencies were available. If, as the Joint Applicants contend, these relatively short haul markets are important to their networks and their customers, they should continue to operate them. Otherwise, consumers should have access to new service that other carriers are prepared to offer. The alternative proposed by the Joint Applicants is less service, higher fares and unused frequencies that are the product of difficult negotiations conducted by the United States. Again, with the possible exception of the awards for service to China, it is impossible to support the proposition that consumers should be punished by reduced service and higher fares, because the incumbent claims that the route will benefit it in the long term. This applies with particular force to service that has only recently been awarded and which the incumbent carrier has never operated. Counsel: Kirstein & Young, Joanne Young, 202-331-3348
OST-2008-0206 - Form 41; T-100 Confidential Treatment June 20, 2008 Motion for Confidential Treatment Alaska Airlines, Inc. hereby requests confidential treatment of all information contained in its Form 41 Schedules, including all of its T-100 Schedules, for the month ended May, 2008. Alaska requests that this data be withheld from public disclosure indefinitely or until the Department rules on Virgin America Inc.’s pending motion for confidential treatment, whichever period is shorter. Alaska also seeks prospective confidential treatment for future monthly and quarterly Form 41 Schedules for the same duration of time. And, to be perfectly clear, Alaska will withdraw this motion if and when the Department issues a final decision denying Virgin’s request. Alaska also wants to state at the outset that it had been hoping that the Department would promptly and definitively rule on Virgin’s pending confidentiality motion filed on March 14. Alaska joined with a number of other carriers both to oppose that motion as well as to urge that the Department expeditiously issue its final decision. However, with Virgin’s decision to enter a number of West Coast markets in which Alaska is also operating, and with the passage of more than three months since Virgin filed its motion, Alaska is now constrained to file this motion. Approval of Alaska’s motion is essential to prevent continuing and substantial competitive harm to its business. Alaska competes directly with Virgin in a number of domestic markets yet, by virtue of its pending motion, Virgin enjoys a significant unfair competitive advantage over Alaska. While Virgin continues to have access to Alaska’s most sensitive commercial data for purposes of formulating their pricing and entry decisions, Alaska is totally precluded from similar access to Virgin’s data due solely to Virgin’s unjustified pending motion which, until denied by the Department, prevents access by Virgin’s competitors. Until the Department rules definitively on and denies Virgin’s motion, Alaska should not be required to make its Schedules available publicly. Counsel: Squire Sanders, Marshall Sinick, 202-626-6651
OST-2008-0206 - Form 41; T-100 Confidential Treatment July 1, 2008 On June 26, 2008, BTS denied Virgin America’s confidentiality request. Docket OST-2008-0107. Virgin America will shortly be submitting an appeal from this decision under 14 C.F.R. §385.30, but for the record, respectfully submits this answer to Alaska’s motion by confirming that Virgin America does not object to the withholding of Alaska’s Form 41 data to the extent that the Department confirms disclosure likely would cause substantial harm to the competitive position of Alaska. When assessing a carrier’s request for confidential treatment of certain traffic and financial data, the Department should properly focus its analysis on the likelihood of substantial competitive harm to the requester, and should not be persuaded by other opponents’ threats to withhold their own data, much less opponents’ arguments on how useful the data is to them. Counsel: Pillsbury Winthrop, Kenneth Quinn, 202-663-8000
OST-2004-19419 - Exemption - Los Angeles-Loreto July 2, 2008 Application for Renewal of Exemption Alaska Airlines, Inc. hereby requests renewal of the exemption authority granted to it by the Department of Transportation in the above-captioned docket to hold out scheduled foreign air transportation of persons, property and mail between Los Angeles, California, and Loreto, Mexico. This exemption authority expires on September 20, 2008. Alaska requests renewal of this authority for a two-year period on its existing terms and conditions. Alaska currently operates multiple weekly year-round scheduled flights on the Los Angeles-Loreto route using B737 aircraft. The Department has found previously that Alaska’s service in the Los Angeles-Loreto market is consistent with the terms of the U.S.-Mexico bilateral agreement. After September 7, 2008, Alaska will serve this market only by placing its designator code on flights operated by Horizon Air Industries, as advised previously. Counsel: Squire Sanders, Marshall Sinick, 202-626-6651
Order 2008-7-6 Served July 3, 2008 By this Order, we deny the requests of various certificated U.S. air carriers for a temporary blanket waiver of dormancy conditions applicable to frequency allocations and other limited-entry route authority. We will continue to act upon all such requests on an individual basis, consistent with the public interest. While we recognize the concerns cited by the carriers, we also recognize that the market characteristics of each limited entry route are different and that the impact of market forces on individual carriers is different. Taking these factors into account, we have decided that in the circumstances presented in this proceeding, the public interest would be better served by continuing to address temporary dormancy waiver requests on an individual basis. Such individual consideration will enable us to assess whether a specific waiver is in the public interest based on the circumstances prevailing and any comments received. We find that our practice of entertaining individual waiver requests best balances our objectives of providing carriers the flexibility they need to adjust to the existing economic circumstances with our interest in utilization of valuable route rights for the benefit of the traveling and shipping public. By: Michael Reynolds
OST-2008-0198 - Statment of Authorization - Seattle/Los Angeles/San Francisco-US Domestic Points Codesharing June 24, 2008 | Approved July 11, 2008 Department Action on Application Joint application of Alaska Airliues, Inc. and Horizou Air Iudustries, Inc. for statements of authorization to display the "KE" designator code of Korean Air Lines Co., Ltd. on flights operated by Alaska and Horizon between Seattle, Los Angeles, and San Francisco, on the one hand, and the U.S. domestic points listed in Appendix A, on the other haud. The Joint Applicants also reqnest waiver of the 45-day advance filing reqnirement under 14 CFR Part 212. The Department is acting on the Joint Applicant's request prior to the expiration of the 45-day advance filing requirement with the consent of all parties served. By: Robert Finamore
OST-1996-1637 - Confidential Treatment Under Rule 12 - Form 41, Schedule B-7 August 8, 2008 Motion for Confidential Treatment of Part 241 Submissions Under Rule 12 Hereby moves to withhold from public disclosure for a period often years certain commercially-sensitive information contained in Schedule B-7 of its Part 241 filings for the period ending June 30, 2008. Counsel: Alaska, Kyle Levine, 206-392-5292
OST-2004-19419 - Exemption - Los Angeles-Loreto August 21, 2008 Amendment to Application for Renewal of Exemption On July 2, 2008, Alaska Airlines, Inc. requested renewal for a two-year period of the exemption authority previously granted to it by the Department of Transportation in the above-captioned docket to hold out scheduled foreign air transportation of persons, property and mail between Los Angeles, California, and Loreto, Mexico. Reflecting conditions as they existed at the time of the filing of that application for renewal, Alaska confirmed to the Department that after September 7, 2008, Alaska would serve this market solely by placing its designator code on flights operated by its affiliate, Horizon Air Industries, Inc. Alaska, however, has now determined that due to recent changes, the market will support resumption of service by Alaska between Los Angeles and Loreto using its own equipment. Effective November 9, 2008, Alaska proposes to return to the market with twice weekly round-trip service. Alaska proposes to resume service between Los Angeles and Loreto, offering multiple weekly round trip flights with a combination of B737-400/700/800 aircraft. Alaska therefore amends its application to request continued authority, as well as a designation, to provide service with its own equipment. Counsel: Squire Sanders, Marshall Sinick, 202-626-6651
OST-2004-19419 - Exemption - Los Angeles-Loreto
August 27, 2008 This will confirm that we have completed polling all persons served with Alaska Airlines, Inc. 's amendment to its application for renewal of exemption to serve Los Angeles-Loreto, and that there are no comments on the application. A copy of this letter has been placed in Docket OST-2004-19419. Counsel: Squire Sanders, Edward Sauer, 202-626-6641
Filed July 2, 2008 | Amended August 21, 2008 | Issued August 28, 2008 Renewal of scheduled foreign air transportation of persons, property, and mail between Los Angeles, California and Loreto, Mexico. In its renewal application, Alaska stated that it would suspend service in the market with its own aircraft and continue serving it solely by codesharing with Horizon after September 7, 2008. In its August 21, 2008 application amendment, however, Alaska advised the Department that it now intends to resume Los Angeles-Loreto service with its own aircraft, effective November 9. By: Paul Gretch |
|||