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US Airways, Inc. and British Midland Airways Limited d/b/a bmi
http://www.usairways.com/
http://www.flybmi.com/
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US Airways, Inc. and British Midland Airways Limited d/b/a bmi OST-2004-18932 - Exemptions and Statements of Authorization - US-UK Codeshare
August 19, 2004 Joint Application for Statements of Authorization and Exemption Authority US Airways requests a statement of authorization to display bmi's "BD" designator code on flights operated by US Airways between: (1) points in the United States and regional airports in the United Kingdom, either nonstop or via third-country intermediate points; (2) points in the United States; and (3) Philadelphia, Pennsylvania, and Charlotte, North Carolina, on the one hand, and London's Gatwick Airport, on the other hand. The specific routes that are covered by this application are set forth in Appendix A to this application. bmi requests a statement of authorization to display US Airways' "US" designator code on flights operated by bmi between: (1) points in the United States and regional airports in the United Kingdom, either nonstop or via third-country intermediate points; (2) points in the United Kingdom; and (3) points in the United Kingdom and points in third countries beyond the United Kingdom, either nonstop or via third-country intermediate points. The specific routes that arc covered by this application are set forth in Appendix B to this application. Counsel: O'Melveny & Myers, Patrick Rizzi, 202-383-5300, prizzi@omm.com for US Airways / Squire Sanders, Marshall Sinick, 202-626-6651, msinick@ssd.com
August 19, 2004 Re: Redacted Codeshare Agreement Attached please find the redacted codeshare agreement dated July 26, 2004, between British Midland Airways Limited and US Airways, Inc., Piedmont Airlines, Inc. d/b/a US Airways Express and PSA Airlines, Inc. d/b/a US Airways Express. The redacted codeshare agreement is submitted in support of the Joint Application filed today with the Department of Transportation by US Airways and bmi. Additional signature pages will be submitted shortly. Counsel: Squire Sanders, Charles Donley II, 202-626-6840, cdonley@ssd.com
OST-2004-18932 - Exemptions and Statements of Authorization - US-UK Codeshare September 1, 2004 Answer of Continental Airlines The authority sought by US Airways and bmi is equally extra-bilateral, and the aviation relationship between the U.S. and the U.K. is certainly no better than it was just last December. Access to the two primary London airports is also just as restricted as it was in December, and bmi and its Star Alliance partners still participate in one of two alliances dominating London Heathrow, the most important airport serving London. Continental and other U.S. airlines are totally prohibited from operating any flights at London Heathrow, and their schedules and fares at London Gatwick are still closely regulated. Absent a genuine opportunity for competitive entry at both London airports, including the slots and facilities required to compete effectively, there can be no justification for awarding US Airways and bmi authority to codeshare between points in the U.S. and London. Similar authority was denied to United and bmi in December, and the applicants have not even attempted to present any justification for treating US Airways and bmi, the second largest U.K. airline at London (Heathrow), any differently. Notice of Action Taken, Docket OST-03-15758, December 3, 2003 at 3. See also, Notice of Action Taken, Docket OST-00-8485, January 26, 2001. Counsel: Continental and Crowell & Moring, Bruce Keiner, 202-624-2615
OST-2004-18932 - Exemptions and Statements of Authorization - US-UK Codeshare September 14, 2004 Joint Reply of US Airways and British Midland Continental's opposition to the London portion of the application, which is based on its belief that this service is extrabilateral, stems from an incorrect interpretation of the U.S. -U.K. bilateral. The Charlotte-Gatwick and Philadelphia-Gatwick codeshare services proposed by the Joint Applicants are consistent with, and authorized specifically under, the bilateral and thus qualify for prompt approval. The Joint Applicants thus request that the Department immediately approve their application in its entirety, as required under the bilateral. Counsel: O'Melveny & Myers, Patrick Rizzi, 202-383-5300, prizzi@omm.com for US Airways / Squire Sanders, Marshall Sinick, 202-626-6651, msinick@ssd.com
OST-2004-18932 - Exemptions and Statements of Authorization - US-UK Codeshare September 24, 2004 Re: Request for Immediate Grant of Application The time period in which to answer the above-referenced Joint Application has now passed. Continental Airlines was the only carrier to file an answer. The September 12th date upon which the Joint Applicants had hoped to commence advertising and marketing the benefits of their new codesharing agreement to consumers has come and gone. The Joint Applicants are anxious to commence their codesharing services as soon as possible. Accordingly, the Joint Applicants request that the Department immediately grant the Application in its entirety or, at least, grant the uncontested parts thereof. Counsel: O'Melveny & Myers, Patrick Rizzi, 202-383-5300, prizzi@omm.com
OST-2004-18932 - Exemptions and Statements of Authorization - US-UK Codeshare Filed August 19, 2004 | Issued October 1, 2004 Scheduled foreign air transportation of persons, property, and mail between any point or points in the United States, and regional airports in the United Kingdom directly and via intermediate points, and beyond the United Kingdom to any point or points in third countries, and to integrate this authority with US Airways’ existing certificate and exemption authority. US Airways further requests any necessary exemption authority (including the right to integrate such authority with its existing certificates and exemptions) in order to engage in code-sharing arrangements with bmi. Permit US Airways to display the "BD" code of bmi on flights operated by US Airways between (1) points in the United States and regional airports in the United Kingdom, either nonstop or via third-country intermediate points; (2) points in the United States; and (3) Philadelphia, PA; and Charlotte, NC; on the one hand, and London (Gatwick) on the other. Permit bmi to display the "US" code of US Airways on flights operated by bmi between (1) points in the United States and regional airports in the United Kingdom, either nonstop or via third-country intermediate points; (2) points in the United Kingdom; and (3) points in the United Kingdom and points in third countries beyond the United Kingdom, either nonstop or via third-country intermediate points. By: Paul Gretch
OST-2004-18932 - Exemptions and Statements of Authorization - US-UK Codeshare Filed August 19, 2004 | Issued October 25, 2004 Scheduled foreign air transportation of persons, property, and mail between any point or points in the United States, and regional airports in the United Kingdom directly and via intermediate points, and beyond the United Kingdom to any point or points in third countries, and to integrate this authority with US Airways’ existing certificate and exemption authority. US Airways further requests any necessary exemption authority (including the right to integrate such authority with its existing certificates and exemptions) in order to engage in code-sharing arrangements with bmi. By: Paul Gretch
OST-2004-18932 - Statements of Authorization and Exemption - US-UK Codeshare April 10, 2006 Joint Application for Amendment of Exemptions and Statement of Authorization bmi requests amendment of its exemption and statement of authorization to permit bmi's wholly-owned affiliate British Midland Regional Limited d/b/a bmi regional to engage in codeshare services with US Airways between (a) points in the United Kingdom; and (b) points in the United Kingdom and points in third countries, either nonstop or via third-country intermediate points. US Airways requests amendment of its exemption to permit it to additionally engage in scheduled foreign air transportation of persons, property and mail between (a) points in the United Kingdom; and (b) points in the United Kingdom and points in third countries, by codesharing on flights operated by bmi's wholly-owned affiliate bmi regional, and to integrate this authority with authority at other points US Airways is authorized to serve by certificate or exemption. Counsel: bmi - Squire Sanders, Charles Donley, 202-626-6840, cdonley@ssd.com / US Airways - Howard Kass, 703-872-5230, howard_kass@usairways.com
OST-2004-18932 - Statements of Authorization and Exemption - US-UK Codeshare Filed April 10, 2006 | Issued June 2, 2006 Amended exemption for US Airways under 49 U.S.C. 40109 to provide the following service: Scheduled foreign air transportation of persons, property, and mail between (1) points in the United Kingdom; and (2) points in the United Kingdom and points in third countries, by codesharing on flights operated by bmi's wholly-owned affiliate British Midland Regional Limited d!b/a bmi regional (bmi regional), and to integrate this authority with US Airways' existing certificate and exemption authority. Amended exemption for bmi under 49 U.S.C. 40109 to permit bmi's wholly-owned affiliate, brni regional, to provide the following service: Scheduled foreign air transportation of persons, property, and mail between (1) points in the United Kingdom; and (2) points in the United Kingdom and points in third countries, either nonstop or via third-country intermediate points, for purposes of codesharing with US Airways on flights operated by bmi regional. Amended statement of authorization for bmi under CFR Part 212 to: Permit bmi regional to display the "US" code of US Airways on flights operated by bnii regional between (1) points in the United Kingdom; and (2) points in the United Kingdom and points in third countries, either nonstop or via third-country intermediate points. The applicants request that the statement of authorization be granted indefinitely. US Airways also applied on behalf of its affiliated carriers, Piedmont Airlines, Inc. and PSA Airlines. The Joint Applicants state that that the codeshare service will initially be offered by displaying US Airways' designator code on bmi regional's flights in the Glasgow‑Manchester, Aberdeen‑Manchester. Edinburgh-Manchester and Leeds/Bradford‑Paris (CDG) markets. By: Paul Gretch
OST-2004-18932 - Exemptions and Statements of Authorization - US-UK Codeshare September 20, 2006 Application for Renewal of Exemption Hereby requests renewal of its exemption authority in the above-captioned docket permitting it to engage in the scheduled foreign air transportation of persons, property and mail between: (i) regional airports in the United Kingdom and any point or points in the United States; (ii) London (Gatwick), on the one hand, and Philadelphia and Charlotte, on the other hand, and beyond to any point or points in the United States; and (iii) any point or points in the United States and any point or points in third countries, for purposes of operating under its codeshare agreement with US Airways, whereby bmi places its code on flights operated by US Airways. Counsel: Squire Sanders, Charles Donley, 202-626-6840
OST-2004-18932 - Exemptions and Statements of Authorization - US-UK Codeshare November 15, 2007 Notice of Additional Codesharing In accordance with the blanket statements of authorization and exemptions granted to British Midland Airways, Ltd. d/b/a bmi and US Airways, Inc. in the captioned docket, as amended, bmi hereby notifies the Department of Transportation that bmi will display US Airways' designator code on bmi's Manchester-Las Vegas flights, and US Airways will display bmi's designator code on US Airways' Philadelphia-Las Vegas flights. Counsel: Squire Sanders, Charles Donley, 202-626-6840, cdonley@ssd.com
OST-2004-18932 - Exemptions and Statements of Authorization - US-UK Codeshare January 31, 2008 Notice of Additional Codesharing In accordance with the blanket statements of authorization and exemptions granted to bmi and US Airways in the captioned docket, as amended, bmi hereby notifies the DOT that bmi will display US Airways' designator code on bmi's flights between London (Heathrow) and the following points:
Counsel: Squire Sanders, Charles Donley, 202-626-6840, cdonley@ssd.com
January 31, 2008 Re: Will Not Begin Heathrow-Third-Country Codeshare Services Before March 30, 2008 This will confirm that British Midland Airways and US Airways will not begin the London (Heathrow)-UK/third-country codeshare services described in my January 31, 2008, letter, filed in the captioned docket, before March 30, 2008. Counsel: Squire Sanders, Charles Donley, 202-626-6840, cdonley@ssd.com
OST-2004-18932 - Exemptions and Statements of Authorization - US-UK Codeshare February 6, 2008 Application for an Amended Statement of Authorization US Airways requests this amendment to permit it additionally to display the British Midland Airways Limited d/b/a bmi "BD" code on flights operated by US Airways between points in the United States, on the one hand, and London-Heathrow and beyond to countries with which the United States has signed Open Skies Agreements, on the other. US Airways also hereby notifies the Department that it will initially place bmi's "BD" designator code on flights operated by US Airways between Philadelphia and LHR. This codesharing will not begin prior to March 30, 2008. Counsel: US Airways, Howard Kass, 202-326-5153, howard_kass@usairways.com
OST-2004-18932 - Exemptions and Statements of Authorization - US-UK Codeshare February 19, 2008 We have polled the US air carriers on the attached service list regarding the above-referenced Application. We received no objections. Counsel: US Airways, Howard Kass
OST-2004-18932 - Exemptions and Statements of Authorization - US-UK Codeshare June 2, 2008 British Midland Airways Limited, d/b/a bmi hereby requests renewal of its statement of authorization in the above-captioned docket permitting bmi regional to display the designator code of US Airways, Inc. on flights operated by bmi regional between (1) points in the United Kingdom; and (2) points in the United Kingdom and points in third countries, either nonstop or via third-country intermediate points. bmi requests thai its amended statement of authorization be renewed for an indefinite period, consistent with the Department's approval of bmi's initial statement of authorization granted in this docket on October 25, 2004. The Department also granted an amended exemption permitting bmi regional to engage in codesharing with US Airways. bmi believes this exemption is subsumed by bmi's recently granted open skies exemption, approved by the Department on September 25, 2007 (Order 2007-9-24, Docket OST-2007-28975). Should the Department determine that the amended exemption covering bmi regional is not within the scope of bmi's open skies exemption, however, bmi hereby requests renewal of the amended exemption for a two-year period. Counsel: Squire Sanders, Charles Donley, 202-626-6840
OST-2004-18932 - Exemptions and Statements of Authorization - US-UK Codeshare June 13, 2008 bmi and US Airways, Inc. hereby notify the Department of Transportation that US Airways will display bmi's designator code on US Airways' flights from Philadelphia/Charlotte to the following points:
Counsel: Squire Sanders, Charles Donley, 202-626-6840
OST-2004-18932 - Exemptions and Statements of Authorization - US-UK Codeshare August 15, 2008 Application for Amendment of a Statement of Authorization Hereby requests amendment of its statement of authorization in the above-captioned docket. US Airways requests this amendment to permit it additionally to display the British Midland Airways Limited d/b/a bmi "BD" code on flights operated by US Airways between points in the United States, on the one hand, and points in third countries, either nonstop or via third-country intermediates, on the other. US Airways requests expedited approval of this amendment. US Airways also hereby notifies the Department that it will initially place bmi's "BD" designator code on the flights operated by US Airways listed in Appendix A. US Airways and bmi intend to begin operating the proposed code-share arrangements as early as September 13, 2008. The Department previously authorized US Airways to operate these services under the expanded terms of the U.S.-EU "Open Skies" Agreement, on and after the provisional effective date of March 30, 2008 (See Order 2007-4-20). Counsel: US Airways, Howard Kass, 202-326-5153
OST-2004-18932 - Exemptions and Statements of Authorization - US-UK Codeshare August 26, 2008 We have polled the US air carriers on the attached service list regarding the above-referenced application. We received no objections. Accordingly, we respectfully request expedited consideration of this application. Counsel: US Airways, Howard Kass |
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