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Delta Air Lines, Inc. - 2007 Filings
Counsel: Delta, Scott McClain, 404-773-6514, scott.mcclain@delta.com
Delta Air Lines, Inc.
OST-1996-2016 - Certificate of Public Convenience and Necessity for Route 740 - Atlanta-Brazil
January 18, 2007
Application for Renewal of a Certificate of Public Convenience and Necessity
Delta hereby applies for renewal of its certificate authority to engage in scheduled combination service between Atlanta, on the one hand, and Sao Paulo and Rio de Janeiro, on the other hand, as authorized by Route 740. This authority was last renewed by Order 2002-7-31, and is set to expire on July 18, 2007. Delta requests renewal for a period of at least five years
Pursuant to Route 740 and route integration authority, Delta provides nonstop service to Brazil from its international gateways at Atlanta and New York (JFK) using Boeing 767-300ER equipment.
Counsel: Delta and Hogan & Hartson, Robert Cohn, 202-637-4999
OST-2007-27019 - Certificate of Public Convenience and Necessity - US-China
January 19, 2007
Application for a Certificate of Public Convenience and Necessity and Frequency Allocation
Delta Air Lines, Inc. hereby proposes to offer daily nonstop service between Atlanta, Georgia, and Shanghai, China, beginning on March 25, 2008, when the next set of combination U.S.-China frequencies and a U.S.-China designation become available. Accordingly, pursuant to 49 U.S.C. § 41102 and 41108 and subpart B of 14 C.F.R. Part 302, Delta hereby applies for (i) certificate authority to engage in scheduled foreign air transportation of persons, property, and mail, between the United States and China, (ii) seven weekly frequencies for that service, and (iii) a U.S.-China designation.
Service Proposal Delta plans to begin daily, year-round nonstop service between Atlanta, Georgia, and Shanghai, China, starting on March 25, 2008. It plans to use either its B-777-200ER aircraft (configured in two-class configuration with 268 passenger seats) or its new B-777-200LR aircraft (configured in two-class configuration with 276 passenger seats).
An award to Delta would inject a new entrant and establish a new gateway for service to China. Delta's new Atlanta-Shanghai service, connecting the commercial and financial center of the world's largest country with Delta's expansive route hub at Hartsfield-Jackson Atlanta International Airport, the largest hub in the world, will provide unprecedented levels of convenient and competitive network coverage for U.S.- China travelers and shippers. More than 130 communities in the United States will receive convenient new or additional nonstop-to-nonstop service via Atlanta to/from Shanghai. Delta's service will be particularly beneficial to travelers and shippers in two critically underserved regions of the United States: the southern United States (at which there is currently no non-stop service to China) and the eastern United States (at which there is no U.S. carrier service to Shanghai and no daily nonstop service from any carrier to Shanghai). In addition, it will provide consumers and businesses with a new entrant carrier and a new U.S. gateway at the largest hub in the world, for U.S.-China service, thereby enhancing inter-carrier and inter-gateway competition in this otherwise restricted market.
Counsel: Hogan & Hartson, Robert Cohn, 202-637-4999, recohn@hhlaw.com
OST-2005-20145 - Exemption - US-Points Worldwide Third Country Codeshare
Filed December 21, 2006 | Issued January 24, 2007
Renewal for at least two years of scheduled foreign air transportation of persons, property, and mail between points in the United States and points worldwide on a third-country code-share basis. Delta will display its designator code on flights operated by its foreign code-share partners and their subsidiaries and affiliates that have been authorized by the Department to carry the Delta code under blanket statements of authorization.
The authorized foreign carriers are: Société Air France; Brit Air; City Jet Limited; Regional; Air Jamaica Limited; Alitalia Linee Aeree Italiane-S.p.A.; Alitalia Express SpA.; China Airlines, Ltd.; Czech Airlines; Emirates; Korean Air Lines Co., Ltd; Royal Air Maroc; KLM Royal Dutch Airlines; and KLM Cityhopper B.V.
See Notices of Action Taken dated October 26, 2001 (Docket OST 2001-10417, Delta-Alitalia); August 6, 1998 (Undocketed, Delta-Air France); February 27, 2001 (Docket OST-2000-8207, Delta-Czech); August 6, 1998, (Undocketed, Delta-Korean); October 23, 2003 (Docket OST-2003-15805, Delta-Emirates); April 26, 2002 (Docket OST-2002-11459, Delta-Air China); October 22, 2004 (Docket OST-2000-7738, Delta-Royal Air Maroc); March 8, 2004 (Docket OST-2003-16071, Delta-Air Jamaica); February 6, 2006 (Docket OST-2005-20145, Delta-KLM Royal Dutch Airlines); and May 1, 2006 (Docket OST-2005-20145, Delta-KLM Cityhopper.
By: Paul Gretch
OST-2001-10457 - Delta - Exemption - Cincinnati-Cancun
OST-2005-22737 - Comair - Exemption - Cincinnati-Cancun
January 25, 2007
Will Operate Cincinnati-Cancun
This letter is to notify the Department that Delta and Comair plan to operate their respective Cincinnati-Cancun services on a seasonal basis with Comair operating as Delta Connection during "shoulder" seasons and Delta operating in this market during the remainder of the year.
Counsel: Hogan & Hartson, Patrick Rizzi, 202-637-5659, prizzi@hhlaw.com
OST-2007-27019 - Certificate of Public Convenience and Necessity - US-China
February 9, 2007
The Department should either dismiss Delta's application as premature, or hold Delta's application in abeyance until the Department establishes a 2008 U.S.‑China proceeding and invites competing applications.
When American applied on June 30, 1999 for U.S.-China authority that would not become effective until April 1, 2001, the Department stated that competing applications would not be required until the Department determined "formally to call for applications from any interested parties for the April 1, 2001 U.S.-China opportunities" (Notice of Action Taken, OST-1999-5871, July 13, 1999).
The Department should reach the same conclusion here. American intends to seek additional U.S.-China authority as further opportunities become available, either under the present U.S.-China Air Transport Agreement or as a result of additional negotiations.
Consistent with the Department's decision regarding American's U.S.-China application in 1999, Delta's premature filing should not be considered until the Department establishes a 2008 proceeding and invites competing applications,
Counsel: American, Carl Nelson, 202-496-5647, carl.nelson@aa.com
February 9, 2007
Answer of Continental Airlines
Continental opposes Delta's application for certificate authority, a designation, and seven U.S.-China frequencies to operate nonstop service between Atlanta and Shanghai beginning on March 25, 2008. Since the U.S. is currently seeking additional U.S.-China combination frequencies to remedy "the growing inadequacy of U.S.-China air services, with demand far exceeding supply under the current restrictive bilateral environment" (Order 2007-2-10), Delta's application is premature at best. Continental intends to seek seven frequencies and authority to institute New York/Newark-Shanghai service in 2008, and other carriers will also seek additional authority and frequencies, particularly if the current negotiations with China result in the additional combination frequencies necessary to serve the U.S.-China air transportation market adequately. Clearly, the Department's first priority should be continuing its efforts to alleviate the "limits on designations and frequencies" that act as "major constraints on entry and competition" and to address "the critical need for greater liberalization of the U.S. and China air services market" (Order 2007-1-4) through negotiations with China. Before taking any action on Delta's application, the Department should consider the potential for additional combination frequencies as a result of ongoing negotiations, invite applications by other airlines, and institute a comparative selection proceeding if the demand for U.S. -China combination frequencies in 2008 exceeds the number available.
Counsel: Crowell & Moring, Bruce Keiner, 202-624-2615, rbkeiner@crowell.com
February 9, 2007
In 2005 and 2006, Hawaiian applied for and was denied the right to service China. Like Delta, Hawaiian was ineligible to apply for operating rights in the most recent award because the bilateral only allowed additional frequencies to incumbent carriers.
So far service to the Chinese market from the United States has been provided only by the "usual suspects," United, Northwest, American and Continental. The Delta Application is more of the same -- another major carrier requesting rights to provide essentially the same service that the traveling public in the United States already has. Hawaiian has proposed, and will propose when the Department institutes a new proceeding, to offer service to China to and from markets not presently served by U.S. carriers. Accordingly, adding a new carrier like Hawaiian will increase consumer choice, add new gateways and stimulate competition in the marketplace.
Hawaiian assumes that the Department will institute a proceeding in a timely manner and at that time Hawaiian and other carriers will be given an opportunity to apply for the 2008 designation and required frequencies. Based upon that assumption, Hawaiian reserves its right to object to the Delta Application and reserves its right to file a competing application until such time as the Department institutes a proceeding with an appropriate order.
Counsel: Dow Lohnes, Jonathan Hill, 202-776-2000, jhill@dowlohnes.com
February 9, 2007
Northwest strongly supports the Department’s efforts to achieve a substantial liberalizing agreement with China, so that route case proceedings for the very limited 2008 opportunities can be avoided. However, in the present circumstances, Northwest is constrained to oppose Delta’s request on well-settled Ashbacker principles. Northwest urgently requires additional U.S.-China frequencies for new services from its Detroit hub, and will respond to the Department’s invitation for applications at the appropriate time.
Counsel: Northwest, Alexander Van der Bellen, 202-842-4184, sascha.vanderbellen@nwa.com
February 9, 2007
Answer of US Airways and Motion to Institute Route Proceeding
US Airways urges DOT to defer consideration of Delta’s application until there is the opportunity for full consideration of such other applications as may be submitted. Specifically, US Airways intends to apply for the designation and frequencies at issue, and it is presently coordinating its proposal with affected parties, including the U.S. gateways and communities it will serve.
In light of the scarcity and value of U.S.-China frequencies and designations, the Department has conducted virtually every allocation of China frequencies by means of a comparative selection route proceeding. There is no reason to deviate from that longstanding practice now, more than a year before the frequencies at issue even become available.
US Airways’ application to enter the U.S.-China market (Although US Airways expects soon provide code-share services on United Airlines’ flights between Washington Dulles and Beijing, it has never served China with its own aircraft.) may well be met by other applications as well, given the value of this opportunity. Since only one designation is available, any application by a new entrant, such as US Airways, is necessarily mutually exclusive of Delta’s application. Further, as Delta has requested all seven newly available frequencies, any other application would similarly be mutually exclusive.
US Airways therefore motions, pursuant to §302.212(c), that the Department follow well-established precedent and institute a route proceeding for the 2008 passenger-combination designation and frequencies. This should include the establishment of a date for filing competing applications for service to China at such time as will afford the Department and interested parties, respectively, adequate time to process the case and market the service effectively. This step will ensure the required contemporaneous consideration of the US Airways and Delta applications, and any others that may be filed.
Counsel: US Airways, Howard Kass, 202-326-5153, howard_kass@usairways.com
OST-1995-651 - Form 41 Schedule B-7
February 12, 2007
Motion for Confidential Treatment
Counsel: Hogan & Hartson, Robert Cohn, 202-637-4999
OST-2007-27782 - Exemption and Certificate of Public Convenience and Necessity - US-European Community Member States
March 29, 2007
Application for an Exemption and a Certificate of Public Convenience and Necessity
The U.S.-EU Agreement is expected to be signed on April 30, 2007, and to take full effect on March 30, 2008. Delta is eager to obtain the broadest possible authority to enable Delta to plan and effectively market new transatlantic services commencing on the very first day the new opportunities become available. Advance authority covering the full scope of combination services contemplated by the Agreement will ensure that Delta is poised to compete with other U.S. and foreign airlines that are undoubtedly equally eager to take advantage of the new opportunities, and will provide the traveling and shipping public with the extraordinary pricing and competitive benefits that will accompany the expansion of services by Delta.
Accordingly, pursuant to 49 U.S.C. § 40109 and 41102, 14 C.F.R. Part 302, and the Department's August 23, 2005, Notice in Docket OST-2005-22228, Delta hereby applies for an exemption and a certificate of public convenience and necessity authorizing Delta to provide scheduled foreign air transportation of persons, property, and mail between any point or points in the United States and any point or points in any European Community Member State or States, either directly or via any intermediate point or points, and beyond.
Delta requests that its application be decided on the basis of written submissions pursuant to 14 C.F.R. § 302.207 and, to the extent warranted, the Streamlined Licensing Procedures Notice. Specifically, Delta requests that, as soon as possible, but no later than the date the U.S.-EU Agreement is signed the Department issue a single Order:
If the Department proceeds under option (2), as soon as possible thereafter, the Department should issue a Final Order granting Delta's U.S.-EU open skies certificate, valid for an indefinite duration.
Counsel: Hogan & Hartson, Robert Cohn, 202-637-4999, recohn@hhlaw.com
OST-1995-651 - Form 41 Schedule B-7
March 30, 2007
Motion for Confidential Treatment
Counsel: Hogan & Hartson, Robert Cohn, 202-637-4999
OST-2000-6816 - Exemption - Mexico City-Chicago
OST-2000-7390 - Exemption - Atlanta-San Jose del Cabo
OST-2000-8270 - Exemption - Guadalajara-Ontario
OST-2001-10457 - Exemption - Cincinnati-Cancun
OST-2003-15698 - Exemption - Las Vegas-Guadalajara
OST-2004-16975 - Exemption - Boston-Mexico City
OST-2005-21075 - Exemption - Salt Lake City-Puerto Vallarta
OST-2005-21353 - Exemption and Statement of Authorization - San Diego-Mexico City
OST-2005-21724 - Exemption - Salt Lake City-Mazatlan
OST-2005-22025 - Exemption - Atlanta-Puerto Vallarta
OST-2005-22243 - Exemption - New York/Newark-Cozumel
OST-2005-22415 - Exemption - Los Angeles-Cancun
OST-2005-22620 - Exemption - Atlanta-Acapulco; Boston-Cancun; Los Angeles-Puerto Vallarta/San Jose del Cabo/Zihuatanejo; Washington, DC-Cancun
April 5, 2007
Application for Renewal of Exemptions
Delta Air Lines, Inc. hereby applies under 49 U.S.C. § 40109 for renewal of exemptions authorizing Delta to continue to provide scheduled foreign air transportation of persons, property, and mail on the U.S.-Mexico routes identified in Exhibit A. This renewal application encompasses multiple docketed exemptions that Delta relies upon to provide nonstop U.S. Mexico services with its own aircraft or pursuant to codeshare arrangements with Aerovias de Mexico, S.A. de C.V. or Delta Connection carriers. Delta requests that these exemptions be renewed for a period of at least two years, with a common expiration date, or until 90 days after the Department's final determination on Delta's application for amended certificate authority as it pertains to each of the routes identified herein, filed on November 30, 2004, and supplemented on October 17, 2005, in Docket OST-1999-6275, whichever occurs earlier. The establishment of a common renewal date will promote administrative efficiency and reduce the burden on Delta and the Department in maintaining these multiple non-controversial U.S.-Mexico exemption authorities.
Delta does not seek renewal of route integration authority included with these exemptions because such authority is now covered by its blanket route integration certificate issued by Order 2006-1-1.
In certain instances, Delta holds two exemptions for a single U.S.-Mexico route: one for codesharing service and one for service with its own aircraft. Although it is Delta's understanding that a single "own aircraft" exemption would be sufficient to cover both types of service (just as a city-pair designation authorizes both own-aircraft service and codeshare service), Delta is seeking to renew potentially redundant exemption authority out of an abundance of caution.
Counsel: Hogan & Hartson, Robert Cohn, 202-637-4999, recohn@hhlaw.com
OST-2007-27790 - Blanket Open-Skies Certificate Authority
OST-1999-6246 - New or Amended Certificate of Public Convenience and Necessity (Open Entry Routes)
April 13, 2007
Delta Air Lines, Inc. hereby supplements its Application pending in Docket OST-1999-6246 for a New or Amended Certificate of Public Convenience and Necessity for open entry routes filed on September 21, 1999, as amended. By this supplement, Delta seeks the award of authority to serve all open-skies/MALIAT partner countries under the procedures set forth in the Open-Skies Certificate Notice in Docket OST-2007-27790 and Order 2007-4-2.
Order 2007-4-2 issues open-skies certificate authority to American Airlines, Inc. Delta requests that the Department proceed directly to a Final Order issuing Delta a comparable certificate, consistent with the regulatory streamlining procedures described in the Department's August 2005 Notice in Docket OST-2005-22228.
In Order 2007-4-2, the Department states that it intends to amend American's current route authority to reflect the realignment of open-skies authority effected by that Order. To the extent that the issuance of an open-skies certificate to Delta would be redundant or subsumptive in relation to previously-issued certificate authority, Delta is also amenable to the realignment of its existing certificates. However, any changes to or deletions from Delta's existing certificates should use show-cause procedures to provide Delta with the opportunity to comment on detrimental deletions of authority that may be proposed by the Department.
Counsel: Hogan & Hartson, Robert Cohn, 202-637-4999, recohn@hhlaw.com
OST-2006-24984 - ASA and Delta - Los Angeles-Mexico Routes
OST-2005-22620 - Exemption - Atlanta-Acapulco; Boston-Cancun; Los Angeles-Puerto Vallarta/San Jose del Cabo/Zihuatanejo; Washington, DC-Cancun
April 17, 2007
Delta Air Lines, Inc. hereby notifies the Department of the dormancy of Delta's mainline service over the following route effective June 1, 2007: Los Angeles-Ixtapa/Zihuatanejo.
In addition, Delta, on behalf of Atlantic Southeast Airlines, Inc., hereby notifies the Department of the dormancy of ASA on the following route effective June 1, 2007: Los Angeles-La Paz.
Beginning on June 1, 2007, ExpressJet Airlines, Inc. will operate flights on those two routes in lieu of Delta and ASA, respectively, and Delta will list its DL* designator code on ExpressJet's flights. This notice will not affect Delta's underlying economic authority, e.g., its authority to codeshare on ExpressJet's flights over these routes.
Counsel: Hogan & Hartson, Robert Cohn, 202-637-4999, recohn@hhlaw.com
OST-2006-25065 - Exemption - Los Angeles-Acapulco
April 24, 2007
Request for US-Mexico Route Designation and Change to Seasonal Service
Delta Air Lines, Inc. and ExpressJet Airlines, Inc. hereby request that (1) the Department designate ExpressJet to operate scheduled combination service on the Los Angeles-Acapulco route, and (2) for purposes of Delta's existing designation with respect to this route, the Department consider the service to be seasonal, rather than year-round. ExpressJet plans to commence seasonal "Delta Connection" service on the Los Angeles-Acapulco route on or about June 1, 2007. Accordingly, the carriers request that ExpressJet be designated as soon as possible.
Delta currently provides Los Angeles-Acapulco service with its own aircraft, pursuant to an exemption granted by Notice of Action Taken dated June 15, 2006 (Docket OST-2006-25065). Delta intends to continue to operate mainline service during peak periods, and offer Delta Connection service during off-peak periods by displaying its designator code on flights operated by ExpressJet. Thus, both Delta and ExpressJet plan to operate service on the Los Angeles-Acapulco route on a seasonal basis. Sufficient designations are available for both Delta and ExpressJet to operate service on this route.
ExpressJet's Delta Connection service will be operated using Embraer 50-seat regional jets.
However, Delta will continue to require exemption authority in Docket OST-2006-25065 in order to operate its seasonal mainline service with large aircraft.
Counsel: Silverberg Goldman, Robert Silverberg for ExpressJet / Hogan & Hartson, Robert Cohn for Delta
Order 2007-4-27
OST-2007-27790 - Blanket Open-Skies Certificate Authority
OST-1999-6246 - New or Amended Certificate of Public Convenience and Necessity (Open Entry Routes)
Issued April 17, 2007 | Served April 30, 2007
Order Issuing Certificate | Word
Under assigned authority and consistent with our streamlining and blanket open-skies certificate initiatives, we have decided to grant Delta certificate authority to serve all open-skies partners; that is, foreign aviation partners with which the United States has entered into an open-skies agreement where that agreement is being applied. We have also decided to grant to Delta certificate authority to serve Brunei Darussalam, Chile, Cook Islands, New Zealand, Samoa, Singapore, and Tonga, each a signatory to the Multilateral Agreement on the Liberalization of International Air Transportation. We defer action on the remainder of the carrier’s requests and will handle them separately. Our action here establishes for the carrier a new route certificate, in the form attached at Appendix A. We find that grant of the certificate is consistent with the public convenience and necessity. We find further that the pending open-skies request is not controversial and that it is appropriate to grant the authority at issue here under simplified procedures.
We will also grant the carrier blanket authority such that when an additional foreign aviation partner enters into an open-skies agreement with the United States, and where that agreement is being applied, authority to serve that open-skies partner will automatically be included as part of the carrier’s certificate authority without the need for further action by the Department or the carrier. We find that the award of such authority, on a prospective basis, with the enhanced administrative convenience it would accord to the carrier, is consistent with the public interest.
By: Paul Gretch
OST-2006-25065 - Exemption - Los Angeles-Acapulco
May 2, 2007
Delta Air Lines, Inc. and ExpressJet Airlines, Inc. have polled the U.S. carrier representatives on the service list regarding the above-referenced designation and change-to-seasonal-service requests, and none has objected to either request.
Counsel: Silverberg Goldman, Robert Silverberg for ExpressJet / Hogan & Hartson, Robert Cohn for Delta
OST-1995-651 - Form 41; Schedule B-7 Report
May 9, 2007
Motion for Confidential Treatment Pursuant to Rule 12
Counsel: Hogan & Hartson, Robert Cohn, 202-637-4999/5659
OST-1997-3051 - Exemption - Atlanta-Antigua/St. Lucia
OST-1999-5749 - Exemption - US-Belize
June 27, 2007
Application for Renewal of Exemptions
Hereby applies for renewal of exemptions under 49 U.S.C. § 40109 to authorize Delta to continue to provide scheduled foreign air transportation of persons, property, and mail between Atlanta, on the one hand, and Antigua and St. Lucia, on the other hand; and between the United States and Belize.
Delta requests further renewal of these exemptions, simultaneously with tentative approval of its applications for U.S.-Antigua and U.S.- St. Lucia certificate authority pending in Docket OST-1999-6246 and U.S.-Belize certificate authority pending in Docket OST-1997-3218, pursuant to the streamlined show-cause procedures announced in Docket OST-2005-22228.
Delta offers both mainline Atlanta-Belize City service and Delta Connection service on flights operated by Atlantic Southeast Airlines.
Delta also offers Newark-Antigua service by displaying its designator code on flights operated by Continental Airlines, Inc. pursuant to separate exemption authority in Docket OST-2003-15504.
Delta's exemptions in Dockets OST-1997-3051 and OST-1999-5749 also include authority to serve Grenada and authority to serve Antigua and St. Lucia from other U.S. points for purposes of codesharing with Air Jamaica Limited. Because that codesharing arrangement has been discontinued, Delta is not seeking renewal of such additional authority. Furthermore, Delta's existing exemptions include route integration authority, which is no longer required in light of the blanket route integration certificate granted to Delta by Order 2006-1-1.
Counsel: Delta and Hogan & Hartson, Robert Cohn, 202-637-4999
OST-2005-21724 - Exemption - Salt Lake City-Puerto Vallarta
OST-2006-25495 - Exemption - Salt Lake City-Guadalajara/Mazatlan/San Jose del Cabo
OST-2006-26723 - Exemption - Salt Lake City-Mazatlan
Filed April 27, 2007 | Approved May 30, 2007
Notice of Codeshare Authorization
By letter dated April 27, 2007, Delta and Shuttle America Corporation advised the Department that Skywest Airlines’ service on the Salt Lake City-Mazatlan route will replace the existing Delta Connection service by Shuttle. In this regard, Shuttle has relinquished its designation for direct carrier (own-aircraft) service on the Salt Lake City-Mazatlan route (see letter dated April 27, 2007, in Dockets OST-2005-21724, OST-2006-25495, and OST-2006-26723). Delta will place its code on Delta Connection flights to be operated by Skywest in the subject market. The joint applicants have further advised that the service will be operated on a seasonal, rather than year-round basis.
By: DOT, Linda Lundell
OST-2005-22620 - Exemption - Atlanta-Acapulco; Boston-Cancun; Los Angeles-Puerto Vallarta/San Jose del Cabo/Zihuatanejo; Washington, DC-Cancun
Filed March 6, 2007 and March 23, 2007 | Approved April 25, 2007
Notice of Designation and Codeshare Authorization
The joint applicants filed the application dated March 6, 2007. so that ExpressJet could, among other things, replace the current direct-carrier operations of Atlantic Southeast Airlines, Inc., in various Los Angeles-Mexico markets, including Los Angeles-La Paz. The replacement services were proposed on or about June 7, 2007. By Notice dated April 2, 2007, we granted, in part, the joint applicants’ request, but deferred on the request for ExpressJet to replace the services of ASA on the Los Angeles-La Paz market because there were not enough designation opportunities to approve the request without a date certain. Subsequently, ASA advised the Department that its Los Angeles-La Paz authority would become dormant on June 1, 2007, and ExpressJet would start serving the market on June 1, 2007 (see letter dated April 17, 2007, in Dockets OST-2006-24984 and OST-2005-22620).
By: DOT, Linda Lundell
OST-2007-28770 - Exemption - US-Israel Third-Country Codesharing with Air France
July 17, 2007
Delta would like to place its DL* designator code on Air France's flights between Paris (CDG) and Tel Aviv, Israel, as soon as the carriers have obtained the necessary approvals from the Governments of each country involved.
Delta holds underlying authority to provide the U.S.-Israel services proposed herein. Route 810 authorizes Delta to engage in foreign air transportation of persons, property, and mail between the United States and France and beyond to points it is authorized to serve by other certificates/exemptions and for which it holds route integration. Route 616 authorizes Delta to engage in foreign air transportation of persons, property, and mail between the United States and Tel Aviv, Israel. Delta is further authorized to combine services under these certificates by its blanket route integration authority. See DOT Order 2006-1-1.
The proposed codesharing will also offer additional routings and schedules to its passengers traveling between these two countries. Given its array of services to Paris from the United States, the benefits of this codesharing will inure beyond the U.S. gateways themselves to interior U.S. points. In addition, the proposed service will make use of Air France's hub at Paris (CDG), a convenient connecting point for passengers traveling tolfrom Israel.
Counsel: Hogan & Hartson, Robert Cohn, 202-637-4999, recohn@hhlaw.com
OST-2007-28770 - Exemption - US-Israel Third-Country Codesharing with Air France
July 26, 2007
United intends to offer additional code-share service to Tel Aviv with Swiss International via Zurich and intends to rely on its interpretation of the very provision of the U.S.-Israel Agreement at issue here, since Swiss International also code shares with El Al on the Zurich-Tel Aviv route. United is answering in opposition to Delta’s application on a contingent basis because the Department has not yet resolved the status of the pending requests for additional code sharing to Tel Aviv (i.e. those of American and United), which could be operated without using one of the code-share designations made available under Article 1, Section 2 of the U.S.-Israel Agreement. In addition, Continental has also proposed code share service with KLM which would require one such opportunity. United opposes Delta’s request to the extent the grant of Delta’s application would preclude United’s planned code-share service to Tel Aviv with Swiss International via Zurich.
United urges the Department to resolve the issues relating to third-country code-share services pending in Docket OST-2002-12192 so that United and other U.S. carriers may proceed with their plans to offer additional code-share services to Israel. Should the Department determine that a carrier selection proceeding is required, then United supports Delta’s suggestion that the Department should begin one as quickly as possible.
Counsel: United, Julie Oettinger, 202-296-2370, julie.oettinger@united.com
OST-2000-6816 - Exemption - Mexico City-Chicago
OST-2000-7390 - Exemption - Atlanta-San Jose del Cabo
OST-2000-8270 - Exemption - Guadalajara-Ontario
OST-2001-10457 - Exemption - Cincinnati-Cancun
OST-2003-15698 - Exemption - Las Vegas-Guadalajara
OST-2004-16975 - Exemption - Boston-Mexico City
OST-2005-21075 - Exemption - Salt Lake City-Puerto Vallarta
OST-2005-21353 - Exemption and Statement of Authorization - San Diego-Mexico City
OST-2005-21724 - Exemption - Salt Lake City-Mazatlan
OST-2005-22025 - Exemption - Atlanta-Puerto Vallarta
OST-2005-22243 - Exemption - New York/Newark-Cozumel
OST-2005-22415 - Exemption - Los Angeles-Cancun
OST-2005-22620 - Exemption - Atlanta-Acapulco; Boston-Cancun; Los Angeles-Puerto Vallarta/San Jose del Cabo/Zihuatanejo; Washington, DC-Cancun
Filed April 5, 2007 | Issued July 10, 2007
OST-2000-6816: Scheduled foreign air transportation of persons, property, and mail between the terminal point Chicago, Illinois, and the terminal point Mexico City, Mexico. Delta provides year-round service on this route pursuant to a code-share arrangement with Aerovias de Mexico, S.A., de C.V.), whereby Delta places its code on flights operated by Aeromexico in the market.
OST-2000-7390: Scheduled foreign air transportation of persons, property, and mail between the terminal point Atlanta, Georgia, and the terminal point San Jose del Cabo, Mexico. Delta provides year-round service on this route pursuant to a code-share arrangement with Aeromexico, whereby Aeromexico places its code on flights operated by Delta in the market.
OST-2000-8270: Scheduled foreign air transportation of persons, property, and mail between the terminal point Ontario, California, and the terminal point Guadalajara, Mexico. Delta provides year-round service on this route pursuant to a code-share arrangement with Aeromexico, whereby Delta places its code on flights operated by Aeromexico in the market.
OST-2001-10457: Scheduled foreign air transportation of persons, property, and mail between the terminal point Cincinnati, Ohio, and the terminal point Cancun, Mexico. Delta provides year-round service on this route (or seasonal service, as dictated by market circumstances), pursuant to a code-share arrangement with Aerornexico, whereby Aeromexico places its code on flights operated by Delta in the market.
OST-2003-15698: Scheduled foreign air transportation of persons, property, and mail between the terminal point Las Vegas, Nevada, and the terminal point Guadalajara, Mexico. Delta provides year-round service on this route pursuant to a code-share arrangement with Aeromexico, whereby Delta places its code on flights operated by Aeromexico in the market.
OST-2004-16975: Scheduled foreign air transportation of persons, property, and mail between the terminal point Boston, Massachusetts, and the terminal point Mexico City, Mexico. Delta provides year-round service on this route pursuant to a code-share arrangement with Aeromexico, whereby Delta places its code on flights operated by Aeromexico in the market.
OST-2005-21075: Scheduled foreign air transportation of persons, property, and mail between the terminal point Salt Lake City, Utah, and the terminal point Puerto Vallarta, Mexico. Delta provides year-round service on this route with its own aircraft.
OST-2005-21353: Scheduled foreign air transportation of persons, property, and mail between the terminal point San Diego, California, and the terminal point Mexico City, Mexico. Delta has orally advised that it provides year-round service on this route pursuant to a code-share arrangement with Aeromexico, whereby Delta places its code on flights operated by Aeromexico in the market.
OST-2005-21724: Scheduled foreign air transportation of persons, property, and mail between the terminal point Salt Lake City, Utah, and the terminal point Mazatlan, Mexico. Delta provides year-round Delta Connection service on this route pursuant to a code-share arrangement with Skywest Airlines, Inc., whereby Delta places its code on flights operated by Skywest in the market.
OST-2005-22025: Scheduled foreign air transportation of persons, property, and mail between the terminal point Atlanta, Georgia, and the terminal point Puerto Vallarta, Mexico. Delta provides year-round service on this route with its own aircraft.
OST-2005-22243: Scheduled foreign air transportation of persons, property, and mail between (1) the terminal point Atlanta, Georgia, and the terminal point Merida, Mexico; (2) the terminal point Cincinnati, Ohio, and the terminal point San Jose del Cabo, Mexico; (3) the terminal point New York, New York/Newark, New Jersey, and the terminal point Puerto Vallarta, Mexico; and (4) the terminal point New York, New York/Newark, New Jersey, and the terminal point San Jose del Cabo, Mexico. Delta provides year-round service on the
Cincinnati-San Jose del Cabo, New York/Newark-Puerto Vallarta, and New YorWNewark-San Jose del Cabo routes with its own aircraft. Delta provides seasonal Delta Connection service on the Atlanta-Merida route pursuant to a code-share arrangement with Atlantic Southeast Airlines, Inc., whereby Delta places its code on flights operated by ASA in the market.OST-2005-22415: Scheduled foreign air transportation of persons, property, and mail between the terminal point Los Angeles, California, and the terminal point Cancun, Mexico. Delta provides year-round service on the route with its own aircraft.
OST-2005-22620: Scheduled foreign air transportation of persons, property, and mail between (1) the terminal point Atlanta, Georgia, and the terminal point Acapulco, Mexico; (2) the terminal point Boston, Massachusetts, and the terminal point Cancun, Mexico; and (3) the terminal point Washington, D.C., and the terminal point Cancun, Mexico. Delta provides year-round service on each of these routes with its own aircraft.
By: Paul Gretch
OST-2007-28770 - Exemption - US-Israel Third-Country Codesharing with Air France
August 1, 2007
The Department should either declare that American/Brussels Airlines, United/Swiss and Delta/Air France do not require a third-country codeshare designation or should institute a carrier-selection proceeding to award the one available designation formerly held by American/Swiss. In such a proceeding, American will demonstrate the superiority of its proposal to codeshare to Israel with Brussels Airlines via Brussels.
American applied more than a year ago for authority to engage in third-country codesharing to Israel with Brussels Airlines via Brussels (OST-2002-12192, June 7, 2006). That application remains pending.
Counsel: American, Carl Nelson, 202-496-5647, carl.nelson@aa.com
OST-2007-28948 - Exemption - Hartford, Orlando, Raleigh/Durham-Cancun
August 3, 2007
Hereby applies under 49 U.S.C. § 40109 and Subpart C of the Department's Rules of Practice in Proceedings for an exemption authorizing Delta to provide scheduled foreign air transportation of persons, property and mail between (a) Hartford, Connecticut, and Cancun, Mexico; (b) Orlando, Florida, and Cancun, Mexico; and (c) Raleigh/Durham, North Carolina, and Cancun, Mexico.
Delta plans to commence seasonal Saturday-only service on these three U.S.-Cancun routes on or about February 2, 2008. Hartford-Cancun service will be provided using B-737-800 aircraft configured with 134 coach seats and 16 first class seats; Orlando-Cancun and Raleigh/Durham-Cancun service will be provided using MD-80 aircraft configured with 128 coach seats and 14 first class seats. In order to allow Delta to engage in essential advance marketing efforts, Delta requests that its exemption authority be issued as soon as possible.
Counsel: Delta and Counsel: Hogan & Hartson, Robert Cohn, 202-637-4999, recohn@hhlaw.com
OST-2005-21075 - Exemption - Salt Lake City-Puerto Vallarta, Mexico
August 6, 2007
Delta Air Lines, Inc. holds exemption authority in the above-referenced Docket and a designation to provide scheduled foreign air transportation between Salt Lake City, Utah, and Puerto Vallarta, Mexico, and currently operates that service. Delta hereby notifies the Department that the service operated by Delta on this route will be on a seasonal, rather than a year-round, basis.
Counsel: Hogan & Hartson, Patrick Rizzi, 202-637-5659, prizzi@hhlaw.com
OST-2007-28948 - Exemption - Hartford, Orlando, Raleigh/Durham-Cancun
August 10, 2007
We have polled the U.S. carrier representatives served with the above-referenced Application, and no carrier has objected to the relief sought therein. Accordingly, Delta Air Lines respectfully urges that the requested authority be granted as soon as possible.
Counsel: Hogan & Hartson, Patrick Rizzi, 202-637-5659, prizzi@hhlaw.com
OST-1995-651 - Form 41 Schedule B-7
August 9, 2007
Motion for Confidential Treatment
Counsel: Hogan & Hartson, Robert Cohn, 202-637-4999
OST-2007-28948 - Exemption - Hartford, Orlando, Raleigh/Durham-Cancun
Filed August 3, 2007 | Issued August 21, 2007
Scheduled foreign air transportation of persons, property, and mail between (1) Hartford, Connecticut, and Cancun, Mexico; (2) Orlando, Florida, and Cancun, Mexico; and (3) Raleighmurham, North Carolina, and Cancun, Mexico. Delta states that it will serve these markets on a seasonal basis.
By: Paul Gretch
OST-2004-19231 - Exemption - Atlanta-Cozumel
OST-2005-22243 - Exemption - Cincinnati-San Jose del Cabo
August 28, 2007
Notice of Seasonal Service and Dormancy
Delta hereby notifies the Department that (i) the service operated by Delta between Atlanta and Cozumel will be on a seasonal, rather than a year-round, basis going forward, and (ii) Delta's service between Cincinnati and San Jose del Cabo has been discontinued and may be considered dormant effective immediately.
Counsel: Hogan & Hartson, Patrick Rizzi, 202-637-5659, prizzi@hhlaw.com
OST-2005-21075 - Exemption - Salt Lake City-Puerto Vallarta, Mexico
Filed August 6, 2007 | Approved September 19, 2007
Approval of Notice of Seasonal Service
Delta Air Lines, Inc. holds exemption authority in the above-referenced Docket and a designation to provide scheduled foreign air transportation between Salt Lake City, Utah, and Puerta Vallarta, Mexico, and currently operates that service. Delta hereby notifies the Department that the service operated by Delta on this route will be on a seasonal, rather than a year-round, basis.
No answers were filed.
By: Linda Lundell
OST-2007-28770 - Exemption - US-Israel Third-Country Codesharing with Air France
September 20, 2007
Motion for Leave to File and Reply of Delta Air Lines
In its Answer, American states that since "Delta (Air France's partner) ... conduct[s] codeshare services with El Al, none of these third-country arrangements would need a designation under United's interpretation." The factual basis for American's statement is no longer accurate because Delta and El Al have announced that they are discontinuing their codeshare relationship later this year.
That said, Delta requests that the Department move expeditiously so that carrier(s) desiring to serve the U.S.-Israel market on a TCCS basis may do so. To the extent that there are sufficient designations to fulfill the U.S. carrier demand, Delta urges the Department to approve Delta's Application herein on an expedited basis. To the extent that there are insufficient U.S.-Israel TCCS designations available to meet the corresponding demand from U.S. carriers, Delta urges the Department to institute a carrier selection proceeding promptly to award the available designation(s) and TCCS opportunity.
In either case, swift and prompt action by the Department is needed here. Dormant and unused U.S.-Israel TCCS designations (as well as unresolved interpretive issues involving the relevant bilateral) do not benefit the traveling public.
Counsel: Hogan & Hartson, Robert Cohn, 202-637-4999, recohn@hhlaw.com
OST-2007-29356 - Exemption and Allocation of Frequencies - New York-Cape Town via Dakar
September 26, 2007
Application for Exemption and Allocation of Frequencies
Delta hereby applies for an exemption and an allocation of three U.S.-South Africa frequencies authorizing Delta to engage in scheduled foreign air transportation of persons, property, and mail between New York, New York, and Cape Town, South Africa, via Dakar, Senegal. Delta's proposed service will be the only direct service operated by a U.S. carrier to Cape Town, complementing its current Atlanta-Dakar-Johannesburg service and further establishing Delta as the leader in the breadth and quality of U.S.-flag service to Africa. Delta requests that its exemption authority be granted for a period of not less than two years or ninety days after corresponding certificate authority is awarded to it, whichever occurs earlier.
Delta's proposed new flight between New York and Cape Town, South Africa, via Dakar, Senegal, will operate three times weekly, beginning on or about June 3, 2008, using Boeing 767-300ER aircraft configured with 178 coach and 36 BusinessElite seats.
Counsel: Hogan & Hartson, Robert Cohn, 202-637-4999, recohn@hhlaw.com
OST-2007-28770 - US-Israel Thrid-Country Codesharing
September 26, 2007
Response of United Air Lines and Motion for Leave to File
In its Reply, Delta announces that it will terminate its code-share arrangement with El Al Israel Airlines later this year. The termination of the Delta-El Al code-share arrangement does not change United’s position that U.S. and third-country carrier code–share arrangements that also involve a carrier from Israel are exempt from the third-country code-share designation provision (Article 1, Section 2) of the U.S.-Israel Air Service Agreement. Under United’s pro-competitive interpretation, these arrangements can be approved without the need for a third country code-share designation under the U.S.-Israel Agreement. While Delta might now need such a designation, it clearly did not prior to terminating its code share with El Al.
While the termination of the Delta-El Al code share might require a carrier selection case between Delta and Continental Airlines for the remaining designation, it should not affect the Department’s ability to authorize both United and American Airlines to code share to Israel with their partners who also code share with El Al. As United has noted previously, should the Department not agree with the interpretation advanced by United (to which no U.S. carrier has taken exception), then a carrier selection case will need to include all present applicants—United, American, Delta and Continental. In such a proceeding, United would be prepared to demonstrate the superiority of its planned code-share service to Tel Aviv with Swiss International via Zurich.
Counsel: United, Julie Oettinger, 202-296-2370, julie-oettinger@united.com
OST-2007-29367 - Exemption - US-Colombia
September 27, 2007
Delta hereby applies for an exemption authorizing Delta to operate scheduled foreign air transportation of persons, property, and mail (i) between New York, New York, and Bogota, Colombia, and (ii) between Atlanta, Georgia and both Medellin and Cali, Colombia. Delta further requests fourteen U.S.-Colombia frequencies and (to the extent necessary) designations in order to operate such services. Delta asks that this authority remain in effect for at least two years or until ninety days after final Department action granting a Delta application for certificate authority with respect to these routes, whichever occurs earlier.
Delta plans to inaugurate daily nonstop New York (JFK)-Bogota service on or about December 1, 2007, using B-757 aircraft currently in its fleet configured with 159 coach class and 24 business class passenger seats.
Delta plans to inaugurate 4-times weekly nonstop Atlanta-Medellin service on or about April 1, 2008, using B-737-800 aircraft currently in its fleet configured with 134 coach class and 16 business class passenger seats.
Delta plans to inaugurate 3-times weekly nonstop Atlanta-Cali service on or about April 1, 2008, using B-737-800 aircraft currently in its fleet configured with 134 coach class and 16 business class passenger seats.
Counsel: Hogan & Hartson, Robert Cohn, 202-637-4999, recohn@hhlaw.com
OST-2007-29356 - Exemption and Allocation of Frequencies - New York-Cape Town via Dakar
October 2, 2007
We have polled the US carrier representatives served with the above-referenced Application, and no carrier has objected to the relief sought therein. Accordingly, Delta respectfully urges that the requested authority be granted as soon as possible.
Counsel: Hogan & Hartson, Patrick Rizzi, 202-637-5659, prizzi@hhlaw.com
OST-2004-19231 - Exemption - Atlanta-Cozumel
OST-2005-22243 - Exemption - Cincinnati-San Jose del Cabo
Filed August 28, 2007 | Approved October 2, 2007
Department Action on Application
Includes Delta's request to convert its Atlanta-Cozumel service to seasonal.
By: Paul Gretch
OST-2007-29367 - Exemption - US-Colombia
October 12, 2007
Answer of Continental Airlines
Delta has applied for 14 Colombia frequencies, seven effective December 1, 2007 and seven more effective April 1, 2008, Continental intends to apply for at least seven Colombia frequencies effective in 2008, and Spirit has indicated that it intends to apply for Colombia frequencies. American has announced that it intends to use seven frequencies newly available because Barranquilla flights no longer require a frequency allocation to offer additional Miami-Bogota and Miami-Medellin flights, and Spirit has challenged American's ability to retain and move the Barranquilla frequencies.
Under these circumstances, it is clear that there will be applications seeking more than the 28 frequencies that have become available pursuant to the recently-negotiated increase in U.S.-Colombia opportunities whether American is allowed to retain and move the seven frequencies formerly used for Barranquilla service or becomes an applicant for those frequencies along with Delta, Spirit and Continental. Thus, the Department must institute a carrier-selection proceeding to allocate U.S.-Colombia frequencies.
Since seven new frequencies are available December 1, 2007, and the seven frequencies formerly allocated for Barranquilla service are available now, the Department should move promptly to institute a carrier-selection proceeding to award U.S.-Colombia frequencies.
Continental will address the relative merits of the various applications at the appropriate time once a proceeding has been instituted.
Counsel: Crowell & Moring, Bruce Keiner, 202-624-2615, rbkeiner@crowell.com
October 12, 2007
JetBlue Airways Corporation hereby answers in opposition to the Application of Delta Air Lines, Inc. for an exemption and allocation of fourteen U.S.-Columbia frequencies to operate service between (i) New York, New York and Bogota, Columbia, and (ii) Atlanta, Georgia and both Medellin and Cali, Columbia. Specifically, Delta already has access to the U.S.-Columbia market, and currently serves Bogota from Atlanta and codeshares on Avianca's daily nonstop widebody flight between JFK and Bogota. See Order 2000-9-21, Docket OST-2000-7655 (Sept. 21, 2000). As a result, granting Delta's Application for exemption authority and allocating all frequencies available on December 1, 2007 and April 1, 2008 to Delta would allow Delta to further strengthen its place in the U.S.-Columbia market, while denying access to this limited-entry market for other airlines, such as JetBlue. In addition, unlike Delta, JetBlue's proposed service would provide the first low-cost passenger service to Bogota.
Instead, the Department should use this opportunity to enhance competition in the U.S.- Columbia market by expanding the number of carriers that are designated and provided frequencies to provide service to Columbia. Without a low-cost carrier providing service to Columbia, many consumers who would otherwise travel to Columbia will not be able to afford to do so. As a result, unlike JetBlue, Delta's proposed service will likely not expand the availability of low-cost U.S.-Columbia flights to consumers.
JetBlue understands that on September 13, 2007, the United States reached a Consolidated Air Transport Agreement with Columbia to expand scheduled passenger frequencies, with the following passenger frequencies becoming available: (1) 7 additional frequencies on December 1, 2007; (2) 7 additional frequencies on April 1, 2008; and (3) 7 additional frequencies on October 1, 2008. In its Application, Delta requested all frequencies available on December 1, 2007 and April 1, 2008. If the Department were to grant Delta's Application, there would be no remaining frequencies available until October 1, 2008.
No nonstop service is currently available between Orlando, Florida and Bogota. JetBlue's proposed Orlando - Bogota service would provide the first nonstop service between these destinations. In addition, JetBlue's proposed Fort Lauderdale - Bogota service would provide the first nonstop service directly operated by a US. carrier (rather than a codeshare partner) between these destinations. In contrast, Delta's Application does not seek to expand service between South Florida and Bogota, but instead proposes daily nonstop service between New York (JFK) and Bogota, a market Delta currently serves on a codeshare basis via the daily nonstop widebody service provided by Avianca. Thus, if the Department were to grant Delta's Application, a key opportunity to provide expanded service between South Florida and Bogota would be lost.
Counsel: Dow Lohnes, Jonathan Hill, 202-766-2000, jhill@dowlohnes.com
OST-2007-29356 - Exemption and Allocation of Frequencies - New York-Cape Town via Dakar
Filed September 26, 2007 | Issued October 16, 2007
Scheduled foreign air transportation of persons, property, and mail between New York, New York and Cape Town, South Africa, via Dakar, Senegal.
Under the U.S.-South Africa aviation agreement, U.S. carriers may operate 21 weekly scheduled combination frequencies. By Notice of Action Taken dated February 27, 2006, in Docket OST-2006-23924, the Department allocated seven of those frequencies to Delta to serve between Atlanta and Johannesburg via Dakar leaving a total of 14 frequencies available for allocation. Delta's current request for 3 frequencies to serve between New York and Cape Town via Dakar will leave a total of 11 frequencies available for allocation.
By: Paul Gretch
OST-1997-3051 - Exemption - Atlanta-Antigua/St. Lucia
OST-1999-5749 - Exemption - US-Belize
Filed June 27, 2007 | Issued October 22, 2007
Renewal of scheduled foreign air transportation of persons, property, and mail between Atlanta, Georgia, on the one hand, and Antigua and St. Lucia, on the other hand.
Renewal of scheduled foreign air transportation of persons, property, and mail between the United States and Belize.
Delta states that its exemptions in Dockets OST-1997-3051 and OST-1999-5749 also include authority to serve Grenada and authority to serve Antigua and St. Lucia from other U.S. points for purposes of code sharing with Air Jamaica Limited. Delta states that it is not seeking renewal of such additional authority because that code-share arrangement has been discontinued.
By: Paul Gretch
OST-1995-651 - Form 41 Schedule B-7
November 13, 2007
Motion for Confidential Treatment
Counsel: Hogan & Hartson, Robert Cohn, 202-637-4999
Order 2007-11-6
OST-2007-26781 - Violations of 49 USC 41712 and 14 CFR Part 234
Issued and Served November 19, 2007
The Enforcement Office’s investigation revealed a significant lack of compliance with section 234.11 by Delta employees. In 2006 and 2007, staff in the Enforcement Office made a number of telephone calls to Delta’s reservations system to determine if Delta’s employees were providing passengers on-time performance information upon request. Delta failed to provide the requested on-time performance information to callers during a substantial number of those calls. During those calls, Delta reservations agents indicated they did not have on-time performance information to provide for some of the flights.
In mitigation, Delta states that the failure of Delta reservations agents to disclose OTP data with respect to Delta Connection flights was caused by an unknown and unforeseen computer software problem, which Delta discovered and fixed prior to the receipt of any enforcement inquiry from the Department on this issue. Delta notes that the software problem only affected certain Delta Connection flights and only with respect to customers that used Delta’s internal reservations systems and that customers using global distribution systems or Delta’s website (which account for about 80% of Delta’s bookings) were not affected by the computer problem.
By: Rosalind Knapp
OST-2006-23526 - Exemption - Atlanta-Quito/Guayaquil, Ecuador
December 3, 2007
Application for Renewal of Exemption Authority
Delta hereby applies for renewal of an exemption to authorize Delta to continue to provide scheduled foreign air transportation of persons, property, and mail between Atlanta, Georgia, on the one hand, and Quito and Guayaquil, Ecuador, on the other hand. Delta's exemption for this route was
initially granted by Notice of Action Taken dated February 7, 2006 (Docket DOT-OST-2006-23526) for a two year period expiring February 7, 2008. Delta requests renewal of this exemption authority, simultaneously with tentative approval of its application for Atlanta/New York-Quito/Ecuador certificate authority pending in Docket DOT-OST-1997-3218 or U.S.-Ecuador certificate authority pending in Docket DOT-OST-1999-6246, pursuant to the streamlined show-cause procedures announced in Docket OST-2005-22228. The renewed exemption should remain in effect for an additional period of at least two years, or until 90 days after the Department's final determination on one or both of Delta's U.S.-Ecuador certificate applications encompassing these same Atlanta-Ecuador routes, whichever occurs earlier.
Delta currently provides "round-robin"Atlanta-Quito-Guayaquil-Atlanta service on a year-round basis. Delta reserves the right to alter its current service pattern based on market demand and seasonal fluctuations, consistent with the scope and terms of its exemption authority and frequency allocation.
Counsel: Hogan & Hartson, Robert Cohn, 202-637-4999, recohn@hhlaw.com