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Virgin America, Inc. Filings - 2005
Counsel: John Mietus, 301-571-9334, john@mietuslaw.com
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Virgin America, Inc. OST-2005-23307 - Certificate of Public Convenience and Necessity December 8, 2005 Application for a Certificate of Public Convenience and Necessity - Bookmarked Virgin America Inc. respectfully submits this Application for a Certificate of Public Convenience and Necessity authorizing it to engage in scheduled interstate air transportation of persons, property, and mail pursuant to 49 U.S.C. § 41102. Virgin America requests that the Department process this Application using simplified procedures and written submissions pursuant to Subpart B of the Department's Procedural Regulations, 14 C.F.R. Part 302, so that it may commence service as early as possible in 2006. This application will show that Virgin America is a United States citizen that has sound financial backing, an experienced and capable management team, and a solid service proposal. These attributes will allow the airline not only to succeed, but to prosper, in today's competitive, domestic airline industry. With its sound business model and innovative product and service offering, Virgin America intends to contribute to the further evolution of the U.S. airline industry, an evolution first identified by the Department of Transportation in the 1996 study entitled "The Low Cost Service Revolution." More significantly, Virgin America intends to offer high-quality, value-priced service that will benefit the traveling public and contribute to the American economy by supporting the key domestic policy goals of increased airline competition and job creation. Accordingly, once Virgin America is found qualified to begin scheduled passenger service, it respectfully requests that the Department grant its application for a certificate so that it may commence service as expeditiously as possible. Virgin America has entered into agreements to acquire a fleet of brand-new Airbus A319 and A320 narrow-body aircraft. These aircraft will have significant advantages over the older aircraft used by many legacy carriers, as well as many of the aircraft relied on by other LCC's. They will offer outstanding long-range comfort and amenities, including the latest in technology and in-flight entertainment equipment. These aircraft will also offer enhanced fuel efficiency, high reliability, low maintenance requirements, and the opportunity for higher utilization (more time aloft). Counsel: DLA Piper Rudnick, John Mietus, 202-861-6466, john.mietus@dlapiper.com OST-2005-23307 - Certificate of Public Convenience and Necessity - Interstate Scheduled Passenger December 13, 2005 Motion for Confidential Treatment - Bookmarked Virgin America Inc. respectfully moves the Department to withhold from public disclosure certain proprietary, commercially-sensitive, and confidential business and personal information. This information is being submitted in the form of Confidential Exhibits and Confidential Documents supporting Virgin America's certificate application in the above-captioned docket. Confidential Exhibits B through D contain the unredacted versions of Exhibits 15.1-15.3, 16, and 17 to the Application. Consistent with Department precedent and guidance to applicants submitting forecast operating results, Virgin America has redacted projections of, and assumptions relating to, its revenues, fares and operating metrics (except departures, average stage length, and block hours) in Exhibits 15.1-15.3 and 16. The applicant also has redacted monthly, projected balance sheets from Exhibit 17, leaving only the launch and forecast first-year balance sheets in the public exhibit consistent with Department requirements. The Confidential Exhibits contain these detailed financial and operational projections, which are private, commercial, and financial information of a type that is not usually disclosed to the public. Disclosure of this information would cause substantial harm to Virgin America’s competitive position. Counsel: DLA Piper Rudnick, John Mietus, 202-861-6466, john.mietus@dlapiper.com OST-2005-23307 - Certificate of Public Convenience and Necessity - Interstate Scheduled Passenger
December 15, 2005 Letter of Support from AMB Property Corporation The purpose of this correspondence is to request that Virgin America be granted this certificate using simplified procedures so that it may commence service as early as possible in 2006. I'm pleased to see that Virgin America has recognized and begun to tap into the wealth of aviation talent in the San Francisco area, and it has already hired several local airline professionals. I would like to point out that Fred Reid, the CEO of Virgin America, has served on the AMB Board of Directors for a number of years. His professionalism and integrity bode well for the future success of Virgin America. By: AMB, Hamid Moghadam
December 15, 2005 Letter of Support from Pier 39 The purpose of this correspondence is to request that Virgin America be granted this certificate using simplified procedures so that it may commence service as early as possible in 2006. I'm pleased to see that Virgin America has recognized and begun to tap into the wealth of aviation talent in the San Francisco area, and it has already hired several local airline professionals. By: Pier 39, Robert MacIntosh OST-2005-23307 - Certificate of Public Convenience and Necessity - Interstate Scheduled Passenger
December 16, 2005 Virgin America's application for authority to engage in interstate scheduled air transportation must be supplemented because the application raises substantial issues related to foreign control of the applicant, and Virgin America has not provided the information required by interested parties to evaluate and comment on those issues. Continental moves the Department to require Virgin America to supplement the record by submitting the documents and information described on the Request for Information and Documents attached to this motion. Without such additional evidence, Continental and other interested parties are unable to evaluate or comment fully on the application by Virgin America, its relationship to Virgin Atlantic Airways and other members of the Virgin Group and with their founder, Sir Richard Branson, and other foreign interests. Accordingly, the Department should also suspend the procedural dates in this proceeding pending Virgin America's submission of the additional necessary information and documents and access is provided to those documents and the documents Virgin America has previously submitted under seal. Counsel: Continental and Crowell & Moring, Bruce Keiner, 202-624-2500, rbkeiner@crowell.com
December 15, 2005 Letter of Support from the San Mateo County Convention & Visitors Bureau The San Mateo County Convention & Visitors Bureau respectfully requests that the Department of Transportation approve Virgin America’s application to “launch” as soon as possible. The recruitment of Virgin to the Bay Area came about as the result of an unprecedented, cooperative effort on the part of the Governor’s office, our organization, the San Mateo County Economic Development Association, San Francisco and Bay Area chambers of Commerce, San Francisco InternationaI Airport and the Bay Area Council. All pulled together in pursuit of Virgin, knowing its addition would provide a badly needed boost to our hard hit Bay Area economy. By: Convention and Visitors Bureau, Anne LeClair
December 16, 2005 Letter of Support from Shorenstein Realty Services | Word The purpose of this correspondence is to request that Virgin America be granted this certificate using simplified procedures so that it may commence service as early as possible in 2006. The benefits of starting Virgin America’s domestic airline service are compelling for the markets it plans to serve. We sincerely hope that you consider the opportunities for increased competition, consumer-friendly fares, economic growth and job creation when reviewing Virgin America’s application. By: Shorenstein, Thomas Hart
December 15, 2005 Letter of Support from Siebel Systems, Inc. I am writing on behalf of Siebel Systems to strongly urge swift approval of Virgin America’s certification to offer interstate air service. Virgin America is a new U.S. owned and operated start up airline based in San Mateo County and its docket number is OST-2005-23307. By: Siebel, Linda Jansen OST-2005-23307 - Certificate of Public Convenience and Necessity - Interstate Scheduled Passenger
December 19, 2005 Answer of American Airlines in Support of Motion of Continental to Require More Information American hereby answers in support of the motion filed on December 16, 2005 by Continental Airlines seeking to suspend further procedures on the application of Virgin America and to require Virgin America to produce additional documents and information. Absent suspension of further procedures, answers to Virgin America's application would be due within 21 days, or on December 29, 2005. Interested parties should not be required to file answers in the absence of additional documents and evidence that are so clearly necessary to test the proposition advanced by Virgin America that it qualifies as a US citizen under existing Department policy and precedent. In the event that the Department requires additional time to rule on the specific details of Continental's request for documents and information, the Department should first issue an order - prior to the end of this week - suspending the December 29 answer date, and later issue a separate order establishing the precise scope of the additional evidence that Virgin America should be required to produce. Counsel: American, Carl Nelson, 202-496-5647, carl.nelson@aa.com
December 18, 2005 By: Michael Alexander
December 16, 2005 By: Larry Best
December 16, 2005 By: Thomas Bishop
December 16, 2005 By: Fernando Buesa
December 16, 2005 By: Ken Burns, President
December 16, 2005 Comments of the City/County Association of Governments of San Mateo County I am writing on behalf of the City/County Association of Governments of San Mateo County to strongly urge swift approval of Virgin America's certification to offer interstate air service. C/CAG is the Congestion Management Agency for San Mateo County and works with the Cities and County to facilitate economic development and smart growth. Clearly Virgin America is smart growth and will be an asset to San Mateo County, the Region, the State and Nationally. Virgin America is a new US-owned and operated start up airline based in San Mateo County and its docket number is OST-2005-23307. By: San Mateo County, Richard Napier
December 16, 2005 By: Dan Deibel
December 18, 2005 By: Peggy Deras
December 19, 2005 By: Karoleen Feng
December 16, 2005 By: Thomas J. Fulton
December 19, 2005 Comments of John Gilmore | Word By: John Gilmore
December 16, 2005 By: John Grubb
December 16, 2005 By: Ted Hall
December 17, 2005 By: Henry Hill
December 19, 2005 Comments of Iron Hills Vineyards | Word By: Iron Horse Vineyards
December 16, 2005 By: Daniel Krier
December 19, 2005 By: David Landis
December 16, 2005 By: Steven Lawrence
December 19, 2005 By: Phil Luecht
December 19, 2005 Comments of Frederic Marschner By: Frederic Marschner
December 17, 2005 By: Doug McIntosh
December 16, 2005 By: Wesley Miess
December 16, 2005 By: Jerry Mix
December 18, 2005 By: Nathan Nayman
December 19, 2005 By: Barbara Obele
December 19, 2005 By: Jose Oller
December 17, 2005 By: Tom O'Malley
December 17, 2005 By: Jay Paxton
December 16, 2005 By: Michelle Pope
December 16, 2005 By: Evan Reeves
December 17, 2005 By: David Rhodes
December 19, 2005 By: Creola Richardson
December 16, 2005 Comments of Rudolph and Sletten, Inc. I am writing on behalf of Rudolph and Sletten, Inc. to strongly urge swift approval of Virgin America’s certification to offer interstate air service. Virgin America is a new U.S. owned and operated start up airline based in San Mateo County and its docket number is OST-2005-23307. By: Rudolph and Sletten, Michael Mohrman
December 16, 2005 By: Keith Sjoholm
December 16, 2005 Comments of Hotel Softiel San Francisco Bay | Word The Hotel Softiel San Francisco Bay respectfully requests that the Department of Transportation approve Virgin America’s application to “take-off” as soon as possible. The recruitment of Virgin to the Bay Area came about as the result of an unprecedented, cooperative effort on the part of the Governor’s office, the San Mateo County Economic Development Association, San Francisco and Bay Area chambers of Commerce, San Francisco International Airport, Bay Area Council and supporters like our hotel. All pulled together in pursuit of Virgin, knowing its addition can and will after your speedy approval provide a badly needed boost to our hard hit Bay Area economy. By: Hotel Softiel, Eric Buitenhuis
December 16, 2005 By: Dan Solem
December 16, 2005 By: Doug Sumaraga
December 16, 2005 By: Joel Suty
December 16, 2005 By: Lorraine Thomson
December 16, 2005 By: Ceil Tilney
December 16, 2005 By: Joe Vassallo
December 16, 2005 By: George Williamson
December 18, 2005 By: Paul Witkay
December 18, 2005 By: Erik Wohlgemuth OST-2005-23307 - Certificate of Public Convenience and Necessity - Interstate Scheduled Passenger
December 19, 2005 Answer of Air Line Pilots Association in Support of Motion of Continental Air Line Pilots Association supports the motion of Continental Airlines, Inc. to require Virgin America to provide additional documents and information as described in the Request for Information and Documents that is attached to the motion. The materials already in the public docket clearly indicate that foreign citizens played a dominant role in the establishment of Virgin America, and will continue to play a highly significant role in its management. In these circumstances, a detailed analysis of the airline's complex financial and management structure will be necessary to determine just where "actual control" will ultimately lie. Such an analysis will require a dose examination of the information and documents sought by Continental, as well as the voluminous information that Virgin America has already filed with its Application and the subsequent Motion for Confidential Treatment that it filed December 13. Continental's information requests are self-explanatory and are fully justified in its motion. ALPA would only add that information request 1(f), which seeks production of "[a]ll contracts, agreements, or other arrangement...between the executive officers of one entity using the 'Virgin' name or brand and any other entity using the 'Virgin' name or brand," should be construed or revised to encompass agreements with or between "persons" (as defined in the "General Instructions" who are in any way associated with any "entity using the 'Virgin' name or brand.") ALPA also strongly supports Continental's request to suspend all procedural dates until all relevant information and documents required of Virgin America have been received, and interested parties have had an adequate opportunity to review them. Virgin America has already submitted over 1000 pages of documents in support of its application, and the additional information sought by Continental will likely also be voluminous. It is essential that all interested parties be given adequate time to review these materials before responding to the pending application. Counsel: ALPA, Jerry Anker, 202-797-4086
December 20, 2005 Answer of Delta Air Lines in Support of Motion of Continental Delta Air lines, Inc. supports the Motion of Continental Airlines, Inc. requesting that the Department of Transportation suspend further procedures on the application of Virgin America Inc. and direct production of additional information and documents. The Applicant's bare-bones application raises more questions than answers on the key issue of whether "actual control" of the applicant rests with U.S. citizens as required by law. Continental's motion urges the Department to require the Applicant to supplement its application with additional information and documents. Delta supports Continental's request and urges that the list of information and documents be expanded as discussed below. Suspension of further procedures pending submission in the Docket of and access by interested parties to the additional information and documents requested by Continental and Delta is critically necessary to afford interested parties the ability to comment meaningfully on the application. The Department should expedite the issuance of a notice suspending the procedural dates in this proceeding. Counsel: Hogan & Hartson, Robert Cohn, 202-637-4999, recohn@hhlaw.com
December 20, 2005 Comments of Affairs of the Vine, Inc. By: Barbara Drady, President
December 19, 2005 Comments of Community of Redwood City By: Barbara Pierce, Mayor
December 20, 2005 By: John D. Drady, Founder & LLC Manager
December 19, 2005 By: Marc Friedman
December 19, 2005 By: Rene Gurka
December 19, 2005 By: Chester Haskell, President
December 20, 2005 By: Paul Hassing
December 19, 2005 By: Herb
December 20, 2005 By: Robert Hortop
December 19, 2005 By: Alice Huang
December 20, 2005 By: Douglas McGeorge
December 19, 2005 By: Audrey A. Murray
December 19, 2005 By: Anthony Price
December 16, 2005 Comments of San Mateo Expo Center By: Chris Carpenter, General Manager
December 20, 2005 Comments of United American Bank | Word By: Steve Dworetzky
December 16, 2005 By: Richard Lamb, Executive Vice President/COO OST-2005-23307 - Certificate of Public Convenience and Necessity - Interstate Scheduled Passenger
December 21, 2005 Answer of the Allied Pilots Association in Support of Motion of Continental The Allied Pilots Association supports the motion of Continental Airlines, Inc., to require Virgin America, Inc. to provide additional documents and information and to suspend further proceedings on the application of Virgin America. The materials already in the public docket indicate that foreign citizens played a dominate role in the establishment of Virgin America, and will continue to play a highly significant role in its management. APA further supports the additional information requests submitted by the Air Line Pilots Association and Delta Air Lines, Inc., as essential to allow the interested parties a meaningful opportunity to analyze and answer Virgin America's application. The Department's well established fact intensive inquiry requires the information requested by Continental and this additional information in order to determine whether a foreign person or entity could exercise "actual control" over a U.S. carrier. APA also supports Continental's request for a suspension of further procedures for the reasons set forth in the Answers by ALPA, Delta and American Airlines, Inc. Absent suspension, answers to Virgin America's application are due within 21 days, or on December 29, 2005. Answers to Continental's motion are due by December 28, 2005. Interested parties can make no meaningful answers within that time frame and without the evidence needed to test the proposition advanced by Virgin America that it qualifies as a U.S. citizen under the existing Department precedent. Counsel: James & Hoffman, Edgar James
December 21, 2005 Answer of the Transportation Trades Department, AFL-CIO in Support of the Motion of Continental The Transportation Trades Department, AFL-CIO hereby answers in support of the motion filed by Continental Airlines and in opposition to the application as submitted by Virgin America for a certificate of public convenience and necessity to engage in interstate air transportation. Virgin America asserts in its application that its ownership and management structure comply with current U.S. citizenship and control requirements and asks the Department to use simplified procedures in reviewing its application so that it may commence service as early as possible in 2006. Not withstanding this assertion, there are significant issues regarding foreign control and ownership of Virgin America that are not fully explained nor addressed in the application. TTD has closely monitored the progress that Sir Richard Branson and his Virgin Group (comprised of foreign companies including Virgin Atlantic Airways) have made in creating Virgin America. It is clear that significant foreign involvement has already gone into designing Virgin America and preparing it to operate as a U.S. carrier. There is thus a fundamental question as to whether this involvement will jeopardize U.S. actual control and the degree to which this involvement will continue if the carrier is granted a certificate. We would note that the U.S. citizens ostensibly providing the financing for this proposed carrier have limited experience in the aviation industry and the developing carrier may rely on its foreign investors and managers for guidance and expertise. It is incumbent on the Department to ensure that the role of foreign interests and the proposed carrier's complicated financing and management structure do not run afoul of the current rules requiring U.S. ownership and actual control. We respectfully submit that this determination cannot be reasonably made based on the application as submitted and in the time frame proposed by Virgin America. For these reasons, we support the motion of Continental that Virgin America produce additional documents and information that speak to who will actually control this carrier. We also support their request to suspend all procedural dates until the above information and documents have been received and stakeholders, including aviation workers and their unions, have had an opportunity to review and analyze these submissions and the entire docket. Counsel: Transportation Trades Department, Edward Wytkind, 202-628-9262
December 20, 2005 By: Fred Devereux, Vice President/General Manager
December 21, 2005 By: Bruce Carlton, General Manager
December 16, 2005 By: Karl Schroeder, President, Northern California Division OST-2005-23307 - Certificate of Public Convenience and Necessity - Interstate Scheduled Passenger
December 22, 2005 Answer of Virgin America to Motion of Continental Airlines Virgin America Inc. respectfully requests that the Department grant counsel and outside experts for Continental Airlines, American Airlines, Delta Air Lines, the Air Line Pilots Association, the Allied Pilots Association, the Transportation Trades Department, AFL-CIO, and other interested parties access to the Confidential Exhibits and Documents that Applicant submitted on December 13, 2005. As Virgin America noted in its Motion for Confidential Treatment of that date, it seeks a timely review of its December 8, 2005 Application in accordance with the Department's normal process and procedural guidelines and would consent to allow such access to support that timely review. Access to the confidential materials will fully address issues raised by Continental's December 16, 2005 Motion, and the answers to that Motion filed to date by other parties. Virgin America opposes Continental's Motion (and it replies in opposition to the answers to that motion filed by the supporters named above) in all other respects. The Answer to Motion public interest and longstanding Department practice require this proceeding to move forward in an orderly fashion, with interested parties first filing formal Answers to the Application. The Application itself is a comprehensive one, and interested parties have had ample time to form their positions on it. Accordingly, Applicant requests that the normal, orderly Department process continue and that all parties be required to file Answers to the Application no later than December 29, 2005 as provided by regulation. However, Virgin America recognizes that some additional time may be required to review some of the confidential materials that are in the sealed docket. Thus, while not required by regulation, Applicant would not object to opponents and other interested parties being allowed to amend their initial Answers within 14 days of the Department granting access to this additional, confidential material. Counsel: DLA Piper Rudnick, William Evans, 202-861-6459, bill.evans@dlapiper.com
December 20, 2005 By: Jeff Block
December 19, 2005 By: Jim Bourgart
December 22, 2005 By: Michael Burke
December 19, 2005 Comments of City of Burlingame, CA l am writing to you on behalf of my City of Burlingame to ask that you secure the earliest possible approval of Virgin America's certification to offer interstate air service out of SFO. Virgin America is a new airline with majority U.S. ownership. It will be based in and operated out of San Mateo County. Its docket number is OST-2005-23307. By: Councilwoman, Rosalie O'Mahony
December 21, 2005 By: Robert A. Corrigan, President
December 21, 2005 Comments of Degenkolb Engineers As one of San Francisco’s largest and oldest Structural Engineering firms, we strong urge you to approve Virgin America’s application to initiate airline service. The service they will provide is an important economic stimulus to our region, and a much needed, low cost, alternative for our firm. We concur with the conclusions reached by the independent Bay Area Economic Forum that predict that thousands of new jobs and hundred’s of millions of dollars in business revenue would we be achieved with their initial service. The bay area is steadily growing out of the dot com bust and will benefit from this new stimulus as we continue the recovery. The emerging life science and digital arts industries will be well served by Virgin America and better able to develop with their new service. By: Chris Poland
December 21, 2005 The Del Monte Foods Company hereby requests that Virgin America, Inc. be authorized to engage in scheduled interstate transportation via the granting of its Certificate for Public Convenience and Necessity. We respectfully request a swift approval of Virgin America's application, a request we are pleased to make in conjunction with many other California and San Francisco Bay Area entities. By: William Spain, Senior Vice President & Chief Corporate Affairs Officer
December 21, 2005 Comments of Denver International Airport Denver International Airport encourages the US Department of Transportation to give Virgin America all consideration in its effort to start domestic operations in the United States. The carrier will provide point-to-point service to many destinations in this country and thereby will offer increased choice for consumers. By: Vicki Braunagel, Co-Manager of Aviation
December 19, 2005 Comments of Christine Firstenberg By: Christine Firstenberg
December 20, 2005 By: Roger Haughton
December 19, 2005 Comments of Hilton San Francisco The purpose of this correspondence is to request that Virgin America be granted this certificate using simplified procedures so that it may commence service as early as possible in 2006. By: John Mazzoni, Area Vice President/Managing Director
December 19, 2005 By: Christopher Lynch
December 19, 2005 By: Claire McAullffe
December 21, 2005 Comments of San Francisco Airport The San Francisco Airport Commission, operator of the San Francisco International Airport, strongly supports the application of Virgin America for a certificate of public convenience and necessity. SFO urges the Department to act expeditiously on the application, utilizing the simplified procedures provided for in Subpart B of 14 CFR Part 302. By: John Martin, Airport Director
December 19, 2005 Comments of Jeannine Serml-Banayat By: Jeannine Serml-Banayat OST-2005-23307 - Certificate of Public Convenience and Necessity - Interstate Scheduled Passenger
Order 2005-12-13 Issued and Served December 23, 2005 We defer the 21-day deadline for the filing of answers set forth in 14 CFR Part 302.204 until 14 days after the Department has ruled on the Continental Airlines, Inc. Motion. Replies to answers shall be filed within seven business days after the due date of the answer. We grant immediate interim access to all documents covered by Virgin America Inc.’s Rule 12 Motion to counsel and outside experts for interested parties who file appropriate affidavits with the Department in advance. Moreover, at the Dockets facility, Parties will be permitted to make copies of the exhibits for use by persons who have filed confidentiality affidavits, consistent with conditions agreed to by Virgin America Inc. We also grant interim access to any subsequent materials that may be filed in this case under a Rule I2 Motion to counsel and outside experts for interested parties who file appropriate affidavits with the Department in advance, unless the party filing the Motion objects. We expect all affidavits to state, at a minimum, that (1) the affiant is counsel for an interested party or an outside independent expert providing services to such a party; (2) the affiant will use the information only for the purpose of participating in this proceeding; and (3) the affiant will disclose such information only to other persons who have filed a valid affidavit in Docket OST-2005-23307. Affiants and interested parties must understand and agree that any pleading or other filing that includes or discusses information contained in the covered documents must itself be accompanied by a Rule 12 Motion requesting confidential treatment. By: Michael Reynolds
December 22, 2005 Answer of Air Line Pilots Association to Motion for Confidential Treatment Virgin America Inc. has requested that the Department of Transportation grant confidential treatment to certain information submitted in connection with its application for a certificate of public convenience and necessity and that access to this information be limited to counsel and outside experts for interested parties. Virgin has also informed the Department that it has redacted portions of two of the documents for which confidential treatment has been requested. The Air Line Pilots Association does not take a position at this time on whether particular submitted information should be afforded confidential treatment under Rule 12. ALPA, requests, however, that its own in-house experts who sign appropriate confidentiality affidavits be allowed access to any information for which confidential treatment is sought. ALPA also asks that the Department review the redacted materials camera to determine whether they are relevant to Virgin's fitness. Counsel: ALPA, Jerry Anker, 202-797-4086, jerry.anker@alpa.org
December 23, 2005 Reply of Continental Airlines and Request for Leave to File an Otherwise Unauthorized Document ALPA, American, APA, Delta, and AFL-CIO TTD all support Continental's motion for additional evidence and suspension of proceedings on Virgin America's application, and only Virgin America opposes the motion. The Department should reject Virgin America's absurd position that interested parties should be required to answer its holiday season application either twice or without adequate time to review voluminous, supposedly significant and currently unavailable confidential documents that Virgin America waited almost a week to file after submitting its application. Instead, the Department should suspend further proceedings on the application before the holiday break and grant access promptly to the confidential documents on file. In due course, the Department should issue a request for additional evidence as recommended by Continental, AFL-CIO TTD, ALPA, APA, and Delta, and be prepared to supplement the request as warranted after interested parties have had an opportunity to review the confidential documents. Counsel: Crowell & Moring, Bruce Keiner, 202-624-2500, rbkeiner@crowell.com
December 23, 2005 Affidavits of Lorraine Halloway and Bruce Keiner
December 20, 2005 By: The Honorable Gavin Newsom, Mayor, City of San Francisco
December 22, 2005 By: James Wong OST-2005-23307 - Certificate of Public Convenience and Necessity - Interstate Scheduled Passenger
December 23, 2005 Confidentiality Affidavits of Thomas Bolling and Jennifer Vogel Counsel: Continental, Thomas Bolling
December 23, 2005 Confidentiality Affidavits of Robert Cohn and Alexander Van der Bellen Counsel: Hogan & Hartson, Robert Cohn
December 27, 2005 Confidentiality Affidavit of Carl Nelson Counsel: American, Carl Nelson
December 27, 2005 Confidentiality Affidavit of Jeffrey Ogar Counsel: American, Jeffrey Ogar
December 23, 2005 Confidentiality Affidavits of John Varley and Scott McClain
December 15, 2005 Support Comments of MacKenzie Communications By: Janis MacKenzie, President OST-2005-23307 - Certificate of Public Convenience and Necessity - Interstate Scheduled Passenger
December 27, 2005 Motion of Virgin America for Leave to File and Reply to Answer of Air Line Pilots Association Virgin America submitted the Confidential Documents voluntarily and with a non-confidential explanation of the redacted content, and ALPAs Answer was made without the benefit of access to those Confidential Documents. Virgin America submits that the confidential material as redacted is sufficient for the purposes of this proceeding without the addition of limited, highly- sensitive, redacted material. Counsel: DLA Piper Rudnick, William Evans, 202-861-6459, bill.evans@dlapiper.com
December 28, 2005 Answer of United Air Lines to Motion of Continental United concurs with Continental that more information is required before a decision can be reached on the degree of VAm's ownership and control. Because there are, in this case, issues of the degree of control of VAm by U.K. nationals, including Virgin Atlantic Airways Ltd., these issues take on added importance. As noted by American Airlines, Inc. in its Answer dated December 19, 2005, the Department has not previously been willing to approve even the type of U.S. carrier ownership structure already asserted by VAm in its application unless an open skies agreement is in place with the homeland of the foreign investors who hold a substantial percentage of the U.S. carrier's stock, citing the case of Northwest/Wings, Order 91-1-41. These pending matters would seem to suggest that VAm might well benefit from having its application considered under the more flexible ownership/control standards of the Department's NPRM rather than under current standards. This also assumes the U.K, acceptance of the open skies terms in the pending US/EU agreement. While VAm has insisted that it qualifies as a U.S. citizen under present interpretations, that remains to be seen based on information to be filed in response to Continental's motion. United urges the Department to consider carefully the requests for additional information made by Continental and others. The Department should direct VAm to file such additional information as necessary for the Department to determine the citizenship of those who own and control VAm. Counsel: Wilmer Hale, Jeffrey Manley, 202-663-6670, jeffrey.manley@wilmerhale.com
December 28, 2005 Confidentiality Affidavit of Richard Holbrook - Counsel for Continental Airlines
December 28, 2005 Form Letter Comments in Support and Opposition - Bookmarked
December 27, 2005 Support Comments of Haas Industries By: Michael McDonald, General Manager
December 27, 2005 Support Comments of Las Vegas McCarran International Airport By: Randall Walker, Director of Aviation
December 28, 2005 Support Comments of the Metropolitan Transportation Commission By: Doug Kimsey, Planning Director
December 23, 2005 Support Comments of San Francisco Airport Commission - Erratum San Francisco Airport Commission respectfully submits the following erratum to its comments filed December 21, 2005, in the above-referenced docket. The final full sentence on page 4 of said comments should read:
By: Airport Commission, Kandace Bender OST-2005-23307 - Certificate of Public Convenience and Necessity - Interstate Scheduled Passenger
December 28, 2005 Confidentiality Affidavit for Air Line Pilots Association - Russell Bailey and Julie Glass Counsel: ALPA
December 29, 2005 Confidentiality Affidavit for Continental Airlines - Mitchell Rabinovitz Counsel: Continental
December 28, 2005 Confidentiality Affidavit for Federal Express - David Short Counsel: Federal Express
December 29, 2005 Confidentiality Affidavits for US Airways - Howard Kass, Joanne Young, Patrick Rizzi, and Benjamin Slocum
December 27, 2005 Support Comments of Bohannon Development Company By: Robert Webster, President & CEO
December 27, 2005 Support Comments of Embassy Suites Hotels | Word By: Christopher Beckmann
December 28, 2005 Support Comments of Fee Munson Ebert Architecture and Design By: Stephen Fee, Principal
December 27, 2005 Support Comments of Hellmuth, Obata + Kassabaum, Inc. By: Paul Woolford, AIA, LEED, AP
December 27, 2005 Support Comments of Multiple Individual Submitters - Form Letter
December 16, 2005 Support Comments of Philippe Becker Design, Inc. By: David Becker, President
December 19, 2005 Support Comments of Seaport Industrial Association By: Clem Molony, Board of Directors Secretary
December 28, 2005 Individual Opposition Comments
December 28, 2005 Opposition Comments of United Air Lines Pilots - Form Letters OST-2005-23307 - Certificate of Public Convenience and Necessity - Interstate Scheduled Passenger
January 3, 2006 Confidentiality Affidavit for American Airlines - R. Bruce Wark Counsel: American
OST-2005-23307 - Certificate of Public Convenience and Necessity - Interstate Scheduled Passenger
December 29, 2005 Confidentiality Affidavits for AirTran - Edwin Bailey and Bert Rein Counsel: AirTran
December 30, 2005 Confidentiality Affidavit for Air Line Pilots Association - Jerry Anker Counsel: ALPA
December 29, 2005 The Port Authority of New York and New Jersey hereby submits this Answer in support of the Application of Virgin America, Inc. for a Certificate of Public Convenience and Necessity for authorization to begin scheduled interstate service. It is expected that after Virgin America is issued a Certificate of Public Convenience and Necessity, Virgin America will offer service to and from one or more of the three major New York/New Jersey Metropolitan Area airport, John F. Kennedy, LaGuardia Airport, and Newark Liberty International Airport, all of which are operated by the Port Authority. By: PANYNJ, Matthew Cornelius, 212-435-3793, mcorneli@panynj.gov
December 28, 2005 Support Comments of Colliers International By: David Chavez, Senior Vice President
December 30, 2005 Support Comments of Westfield Corporation, Inc. By: Steve Eimer, Vice President of Development
December 30, 2005 Opposition Comments of Individuals
December 30, 2005 United Air Lines Pilots Opposition - Form Letters |
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