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Aerolineas Centrales de Colombia, S.A. (ACES) and Aerovias Naconales de Colombia, S.A. (Avianca) / Delta Air Lines, Inc.

www.avianca.com/
http://www.delta.com/

Counsel: Zuckert Scoutt, Richard Mathias, 202-298-8660 for AVIANCA / Shaw Pittman, Alexander Van der Bellen, 202-663-8060 for Delta

June 30, 2003

OST-02-14057 - US-Colombia Codeshare

Joint Application for Amended Codesharing Exemption Authority and Statements of Authorization

The Joint Applicants now seek the following additional authorities:

(a) a statement of authorization under 14 C.F.R. Part 212 permitting the display of Delta's "DL" designator code on flights operated by ACES between (i) Fort Lauderdale, Florida and Bogota, Colombia, and (ii) Miami, Florida, on the one hand, and Cali, Cartagena de Indias, and Medellin, Colombia, on the other hand;

(b) a statement of authorization under 14 C.F.R. Part 212 permitting the display of Delta's "DL" designator code on flights operated by AVIANCA between (i) Miami, Florida, on the one hand, and Bogota and Barranquilla, Colombia, on the other hand, and (ii) New York, New York, on the one hand, and Bogota and Medellin, Colombia, on the other hand;

(c) a statement of authorization under 14 C.F.R. Part 212 permitting the display of Delta's "DL" designator code on flights operated by ACES and AVIANCA between Bogota, Colombia and the following points in Colombia and Ecuador: (i) Armenia, Barranquilla, Bucaramanga, Cali, Cartagena de Indias, Cucuta, Manizales, Medellin, Pereira, and San Andres Island, Colombia, and (ii) Guayaquil and Quito, Ecuador; and

(d) an exemption under 49 U.S.C. § 40109 authorizing Delta to provide scheduled foreign air transportation of persons, property, and mail between (i) points in the United States and points in Colombia, via intermediate points and beyond, and (ii) points in the United States and Guayaquil and Quito, Ecuador, via intermediate points and beyond; and to combine such exemption authority with all other Delta exemptions and certificates, to the extent permitted by applicable international agreements.

The Joint Applicants plan to implement Delta codeshare services on flights operated by the Allianza Summa carriers as soon as the codeshare safety audit process has been completed and after the Joint Applicants have obtained the necessary authority from each Government.

Delta also has a certificate application pending for the New York-Bogota and Atlanta/New York-Guayaquil/Quito routes in Docket OST-97-3218.

Counsel: Shaw Pittman, Robert Cohn, 202-663-8060, for Delta / Zuckert Scoutt, Richard Mathias, 202-298-8660 for AVIANCA and ACES

July 17, 2003

OST-02-14057 - US-Colombia Codeshare

Re: Codeshare Audit Compliance Statements (Avianca, ACES, SAM)

Counsel: Shaw Pittman, Alexander Van der Bellen, 202-663-8342, sascha.vanderbellen@shawpittman.com

July 30, 2003 | Issued August 13, 2003

OST-02-14057 - US-Colombia Codeshare

Notice of Action Taken

Notice approving the application (in part), subject to conditions. Balance dismissed (i.e., Delta's request for blanket authority). Effective: The exemption authority granted to Delta is effective August 13, 2003 through August 13, 2005. The Statements of Authority granted to ACES and AVIANCA are effective August 13, 2003, for an indefinite duration. Petitions due August 22, 2003.

By: Paul Gretch

OST-02-14057 - US-Colombia Codeshare

Octoberr 6, 2003

Correspondence of AVIANCA and ACES

The two Colombian carriers, Aeronlineas Centrales de Colombia, S.A. and Aerovias Nacionales de Colombia, S.A., which are jointly owned and controlled, have restructured their operations. ACES, as previously notified to the Department, has suspended all services and AVIANCA will replace ACES on routes to the U.S., including Bogota - Fort Lauderdale, effective on October 16, 2003. The Department has authorized AVIANCA to operate the Bogota - Fort Lauderdale service. (Notice of Action Taken, August 15, 2003, OST 2003-15898.)

The Department also has previously authorized the two Colombian "sister" carriers to codeshare with Delta Air Lines, Inc. on their respective services between Colombia and the U.S. including the authority to carry Delta's code on the Bogota - Fort Lauderdale service operated by ACES. (Notice of Action Taken, August 13, 2003, OST 2003-14057) Due to AVIANCA's replacement of ACES on that route, the parties intend that AVIANCA will carry Delta's code between Bogota and Fort Lauderdale effective October 16, 2003. Accordingly, we request that the Department amend the NOAT to reflect the substitution of AVIANCA for ACES as the carrier carrying Delta's code between Bogota and Fort Lauderdale.

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

October 7, 2003

OST-02-14057 - US-Colombia Codeshare

Correspondence of Zuckert Scoutt

Because the carriers want to start the codeshare service on October 16 when Avianca replaces ACES in operating the Bogota - Fort Lauderdale route, we have served and polled all persons in this docket and all have informed my office that they do not oppose the request.

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

OST-02-14057 - US-Colombia Codeshare

Filed October 6, 2003 | Date of Action October 15, 2003

Notice Approving the Application

This Notice amends the statement of authorization granted to AVIANCA in the above referenced Docket to permit AVIANCA, rather than ACES, to carry Delta's code between Bogota and Fort Lauderdale.

By: George Wellington

Filed October 6, 2003 | Date of Action October 28, 2003

Corrected Notice

Revises Notice dated October 15, 2003, to reflect the correct Docket Number.

By: George Wellington

OST-02-14057 - US-Colombia Codeshare

November 23, 2004

Joint Application for Amended Statements of Authorization and Exemption

The Joint Applicants request that this amendment request be granted as soon as possible, to provide ample time to introduce proposed new codesharing services beginning in February 2004. Initially, the Joint Applicants plan to implement (1) Delta codeshare services on flights operated by AVIANCA over the routing New York-Medellin-Cali, and (2) AVIANCA codeshare services on flights operated by Delta between Ft. Lauderdale and New York (LGA).

Although Delta's code is currently displayed on AVIANCA's nonstop New York-Medellin flights, the existing statement of authorization would not allow Delta's code to be placed on flight segments within Colombia beyond Medellin (or any other gateway except Bogota). Similarly, although AVIANCA's code may be displayed on Delta flights to certain interior U.S. points beyond AVIANCA's U.S. gateways (which include Ft. Lauderdale and New York), the existing statement of authorization and AVIANCA exemption do not include beyond-gateway codeshare service to New York.

Counsel: Zuckert Scoutt, Richard Mathias, 202-298-8660 for AVIANCA / Shaw Pittman, Alexander Van der Bellen, 202-663-8060 for Delta

OST-02-14057 - US-Colombia Codeshare

Filed November 23, 2004 | Issued February 9, 2005

Notice of Action Taken | Word

Amend existing exemption from 49 U.S.C. § 41301 to conduct foreign air transportation of persons, property and mail between currently authorized points in Colombia, via currently authorized U.S. gateways, and New York, New York, on a code-share basis only.

Amend existing statement of authorization under 14 CFR Part 212 to the extent necessary to permit Avianca to display Delta’s designator code on flights operated by Avianca between its authorized Colombian gateway points (rather than just Bogota) and any of the points in Colombia and Ecuador authorized by Avianca’s existing statement of authorization.

Amend existing statement of authorization under Part 212 to the extent necessary to permit Delta to display Avianca’s designator code on flights operated by Delta between Avianca’s authorized U.S. gateways, and New York, New York

By: Paul Gretch