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OST-00-7149

U.S.-Ghana Code Share Combination Service

Notice requesting that all U. S. Air Carriers interested in using the ad referendum Air Transport Agreement code-share opportunities available now should file applications for those services with the Department no later than April 14, 2000. Answers to such applications should be filed by April 21, 2000. Carriers without requisite operating authority should file exemption/frequency allocation applications and requests for statements of authorization to serve the affected markets in conjunction with their code-share partners. 

By:  Paul Gretch

U.S.-Ghana Code Share Combination Service

Counsel:  American, Carl Nelson, 202.496.5647, carl_nelson@amrcorp.com

Counsel:  Northwest, Megan Rae Rosia, 202.842.3193

Counsel:  Wilmer Cutler, Jeffery Manley, 202.663.6670, jmanley@wilmer.com 

U.S.-Ghana Code Share Combination Service

American Airlines, Inc., pursuant to the Department's Notice of March 31, 2000, hereby answers the applications for U.S.-Ghana third-country codesharing authority submitted in this docket on April 14, 2000. Three applicants are seeking a total of 10 weekly frequencies for third-country codesharing service to Ghana. American has applied to codeshare with British Airways via London (five frequencies); United to codeshare with Lufthansa via Frankfurt (two frequencies); and Northwest to codeshare with Alitalia via Rome and Milan (three frequencies). Under the Department's Notice, a total of 14 weekly frequencies are available for allocation.' Since sufficient frequencies are available to satisfy all of the requests, the applications submitted by American, United, and Northwest should be granted on an expedited basis and without further procedures.

Counsel:  American, Carl Nelson, 202.496.5647, carl_nelson@amrcorp.com

U.S.-Ghana Code Share Combination Service

American's application should be dismissed in circumstances where its underlying authority to code share with British Airways is the subject of an ongoing investigation in Docket OST-99-6507. That code share raises serious issues of competition policy in circumstances where the two carriers that are the largest U.S.-U.K. carriers and the largest transatlantic carriers at London Heathrow are seeking to code share with each other under a bilateral regime which precludes other carriers from competing with such an alliance.

United has urged in Docket OST-99-6507 that the Department should not take favorable action on any American/BA code share involving service to, from or via London Heathrow or Gatwick Airport. BA's services between Accra and London operates via London Gatwick Airport, and the instant application should be dismissed for the reasons given in United's pleadings in Docket OST-99-6507 which are adopted here by reference.

Counsel:  Wilmer Cutler, Jeffery Manley, 202.663.6670, jmanley@wilmer.com

U.S.-Ghana Code Share Combination Service

Since the available U.S.-Ghana frequencies are undersubscribed, there is no reason to delay the approval of Northwest’s frequency application pending in this docket. Northwest already serves the U.S.-Ghana market by code-sharing on three weekly KLM flights between Amsterdam and Accra. Northwest already holds exemption authority to serve the U.S.-Ghana market.  Northwest Airlines, Inc. respectfully requests that the Department allocate to Northwest 5 additional U.S.-Ghana third-country code-share frequencies, for a total allocation of 8 weekly U.S.-Ghana frequencies. Northwest asks that its U.S.-Ghana frequency allocation be granted immediately and effective indefinitely. Northwest further requests such other and further relief as may be deemed necessary.

Counsel:  Northwest, Megan Rae Rosia, 202.842.3193

U.S.-Ghana Third Country Code Share Combination Service

American (with British Airways), Northwest (with KLM and Alitalia), and United (with Lufthansa) are seeking a total of 12 weekly frequencies.' Since 14 frequencies are available for allocation, there is no requirement for carrier selection. As urged by American and Northwest in their answers, all three applications should be granted on an expedited basis and without further procedures. United, however, contends that American's application should be denied, because the underlying codesharing arrangement between American and British Airways, submitted on November 15, 2000, is still pending in OST-99-6507. The Department should reject United's anticompetitive position. American is confident that its proposed arrangement with British Airways will be approved shortly, and American is eager to begin codesharing services to Ghana as soon as all required authorizations are in place. In these circumstances, and in the absence of applications for more than the 14 U.S.-Ghana frequencies at issue, the Department should grant American's request.

Counsel:  American, Carl Nelson, 202.496.5647, carl_nelson@amrcorp.com

U.S.-Ghana Third Country Code Share Combination Service; American Airlines, Inc., Northwest Airlines, Inc., United Airlines, Inc.

By:  Paul Gretch

U.S.-Ghana Code Share Combination Service

Counsel:  Wilmer Cutler, Jeffery Manley, 202.663.6670, jmanley@wilmer.com

U.S.-Ghana Code Share Combination Service/ United Air Lines

The Department allocated two weekly service frequencies to United Airlines for U.S.- Ghana third-country code-share operations with Lufthansa German Airlines. That award was subject to the condition that the frequency allocation would expire automatically and the frequencies would revert to the Department for reallocation if they were not used for a period of 90 days. Thus, absent a waiver of the dormancy condition, the frequencies will revert automatically to the Department on October 12, 2000, unless United begins service by that date.

By:  Paul Gretch

U.S.-Ghana Code Share Combination Service/ United Air Lines

Counsel: Wilmer Cutler, Maren Lee 

U.S.-Ghana Code Share Combination Service

Northwest Airlines, Inc. hereby applies for an allocation of two additional U.S.-Ghana third-country code-share frequencies. With these two frequencies, Northwest will expand to daily code-share service on flights operated by KLM Royal Dutch Airlines between the U.S. and Accra, via Amsterdam. Northwest requests that its proposed frequency allocation be granted indefinitely, consistent with Department practice. Northwest intends to expand its code-share service to Accra, Ghana, as proposed herein, commencing on April 1, 2001.

Counsel:  Northwest, Megan Rae Rosia, 202.842.3193, megan.poldy@nwa.com

U.S.-Ghana Combination Service Codeshare Opportunities

While American does not oppose Northwest's applica-tion, American urges the Department to grant American's long--pending application in OST-00-7149, submitted on April 14, 2000, for allocation of five U.S.-Ghana third-country codeshare frequencies to serve between the United States and Accra, via London, under a codesharing arrangement with British Airways Plc.

On March 31, 2000, the Department issued a Notice in OST-00-7149 requesting applications for allocation of 14 frequencies available under the U.S.-Ghana ad referendum Memorandum of Consultations of March 16, 2000. Applications were submitted by American (for five frequencies, to be used with British Airways); Northwest (for five frequencies, three to be used with Alitalia, and two with KLM); and United (for two frequencies, to be used with Lufthansa). By Notice of Action Taken on July 13, 2000, the Department granted the Northwest and United requests, but deferred action on Ameri-can's application, "pending the Department's action on the underlying codeshare arrangement between American and British Airways in Docket OST-99-6507.

Subsequently, the three frequencies allocated to Northwest for codeshare service with Alitalia lapsed for dormancy, and automatically reverted to the Department. Accordingly, of the 14 frequencies made available by the Department's Notice, only 11 have been spoken for. United has two; Northwest has two and is seeking two more by its present application; and American continues to seek five.

In these circumstances, American does not object to Northwest's request. However, American urges expedited approv-al of its codesharing application with British Airways in OST-99-6507, pending since November 15, 1999, and the allocation of five third-country codeshare frequencies to serve Accra via London.

Counsel:  American, Carl Nelson, 202-496-5647, carl.nelson@aa.com

Northwest Airlines, Inc./U.S.-Ghana Code Share Combination Service

Under the U.S.-Ghana agreement, U.S. carriers currently may operate 17 weekly third-country code-share frequencies between the United States and Ghana. Northwest has been allocated some of these frequencies for its U.S.-Ghana services. Northwest now seeks an allocation of two additional Ghana frequencies to expand its code-share service via Amsterdam with its partner KLM.

An additional five weekly frequencies become available on April 1, 2001. See Notice of Action Taken dated July 13, 2000, Docket OST-2000-7149. Three of the frequencies allocated for Northwest services by that action have since reverted automatically to the Department for reallocation under the dormancy conditions attached to Northwest's authority. In addition, by that same July 13, 2000 action, we granted United two weekly frequencies to serve the market via Frankfurt with its code-share partner, Lufthansa. United is currently using its allocated frequencies. We deferred action on American Airlines' request to serve this market with its proposed code-share partner, British Airways, pending Department action on the underlying code-share arrangement between American and British Airways in Docket OST-99-6507.

As a result of our action here, Northwest holds seven Ghana frequencies and United holds two, meaning that eight frequencies remain available for U.S.-Ghana services.

By:  Paul Gretch

U.S.-Ghana Code Share Combination Service

United plans to expand its code-share service with Lufthansa between the U.S. and Accra, Ghana via Frankfurt, through the intermediate point of Lagos, Nigeria. Lufthansa already operates four weekly services over this route with B747 equipment on a year-round basis. United is currently code sharing on two of those services and wishes to expand its service offering to include all four.

Counsel:  Wilmer Cutler, Jeffery Manley, 202.663.6670, jmanley@wilmer.com

U.S.-Ghana Combination Service Codeshare Opportunities

American Airlines, Inc. hereby applies for an exemp­tion under 49 USC 40109 authorizing foreign air transportation of persons, property, and mail between points in the United States and points in Nigeria and Ghana, with the right to integrate such authority with American's certificates of public convenience and necessity and other exemptions. American further applies for four weekly U.S.-Ghana codeshare frequen­cies. American will use this authority to serve the U.S.-Lagos and U.S.-Ghana markets under its codesharing arrangement with Crossair Ltd. d/b/a Swiss.

Counsel:  American, Carl Nelson, 202.496.5647, carl.nelson@aa.com

American Airlines, Inc. hereby answers the appli­cations submitted by Delta Air Lines, Inc. on April 24, 2002 (OST-2002-12183) and by United Air Lines, Inc. on April 26, 2002 (OST-2000-7149) for the allocation of additional U.S.­Ghana third-country codeshare frequencies. Delta is seeking four (to use with Alitalia), and United is seeking two (to use with Lufthansa). American has no objection to the Delta and United requests, provided that American's application for four U.S.-Ghana third-country codeshare frequencies, being filed this day in OST-2000-7149, is contemporaneously granted. American proposes to serve Ghana under an arrangement with Crossair Ltd. d/b/a Swiss.

Counsel:  American, Carl Nelson, 202.496.5647, carl.nelson@aa.com

American Airlines, Inc. hereby moves to dismiss its application, submitted in this docket on April 14, 2000, for U.S.-Ghana codeshare frequencies under an arrangement with British Airways Plc.

Counsel:  American, Carl Nelson, 202.496.5647, carl.nelson@aa.com

U.S.-Ghana Combination Service Codeshare Opportunities / American Airlines, Inc.

United has no objection to the grant of American's instant request for four U.S.-Ghana frequencies so long as United's request in Docket OST-00-7149 for two additional such frequencies (for a total of four) is also granted at the same time.

Counsel:  United and Wilmer Cutler, Jeffrey Manley, 202.663.6670, jmanley@wilmer.com

U.S.- Ghana Combination Service Codeshare Opportunities / Delta Air Lines, Inc. / American Airlines, Inc. / United Air Lines, Inc.

The Answer period has now closed on Delta’s application. All carriers agree that there are sufficient frequencies to fund the three pending requests. Since Delta’s application is unopposed and is consistent with the public interest, it should be granted without delay so that Delta can market and institute its proposed new service. So long as Delta’s application is granted in full, Delta has no objection to the United or American applications.

Counsel:  Delta and Shaw Pittman, Robert Cohn, 202.663.8060

U.S.- Ghana Codeshare Combination Service; American Airlines, Inc.; Delta Air Lines, Inc.; United Air Lines, Inc.

American, United, and Delta each request weekly frequencies to serve the U.S.-Ghana market.

American requests four weekly frequencies to operate third-country code-share services between the United States and Ghana, by placing American's designator code on Crossair Ltd., d/b/a Swiss, between Zurich and Accra, Ghana, via Lagos, Nigeria, carrying U.S. Lagos and U.S. Ghana passengers connecting at Zurich from American's and Swiss's U.S. gateways.

United requests two weekly frequencies to operate third-country code-share services between the United States and Ghana, by placing United's designator code on Lufthansa German Airlines (Lufthansa), between the United States and Accra, Ghana, via Frankfurt, through the intermediate point of Lagos, Nigeria.

Delta requests four weekly frequencies to operate third-country code-share services between the United States and Ghana, by placing Delta's designator code on the flights of Alitalia-Linee Aeree Italiane S.p.A., between Milan, Italy, and Accra, Ghana.

Under the U.S.-Ghana aviation agreement, U.S. carriers may operate a total of 27 weekly combination frequencies, of which no more than 14 may be provided with the airlines' own aircraft 2 Currently, a total of 16 frequencies are held as follows: Northwest-^-7, Continental=7, and United=2. Thus, 11 frequencies are available now for allocation. The captioned applicants have requested a total of 10 frequencies, meaning that these requests do not exceed the frequencies available to U.S. carriers under the agreement, with one remaining available for future allocation.

By:  Paul Gretch

American Airlines, Inc.

American Airlines, Inc. hereby moves for a temporary dormancy waiver with respect to the four U.S.-Ghana third-country codeshare frequencies American received by Notice of Action Taken in these dockets on May 29, 2002. American intends to use these frequencies for codeshare service with Swiss International Air Lines Ltd. via Zurich and Lagos, Nigeria. The award is subject to a 90-day dormancy condition which began on the issue date. Accordingly, if American and Swiss do not implement U.S.-Ghana codeshare service by August 28, 2002, the frequencies will lapse for dormancy and revert automatically to the Department for reallocation. American and Swiss have applied to the Government of Ghana for required authorizations, which we expect to receive shortly. However, to protect against the possibility that the authorizations may not be in hand in time to implement service by the end of the month, American seeks a temporary waiver of the dormancy condition. A 60-day extension -- through October 28, 2002 -- should be sufficient.

Counsel:  American, Carl Nelson, 202.496.5647, carl.nelson@aa.com 

American Airlines, Inc.

By Notice of Action Taken dated May 29, 2002, the Department granted American Airlines four weekly combination frequencies to provide third-country code-share services in the U.S.-Ghana market, pursuant to a code-share arrangement with Swiss International Air Lines, Ltd., via Zurich Switzerland and Lagos, Nigeria. The frequencies are subject to the condition that they will expire automatically and revert to the Department for reallocation if they are not used for a period of 90 days. Under the terms of the Notice of Action Taken, American’s frequency allocation would automatically expire if American does not begin service by August 28, 2002. American and Swiss have applied to the Government of Ghana for required authorizations and expect to receive them shortly; however, American seeks a waiver from the 90-day dormancy condition through October 28, 2002, to protect against the possibility that the authorizations may not be ready in time to implement the service by August 28, 2002.

By:  Paul Gretch

June 26, 2003

OST-00-7149 - US-Ghana Combination Service Codeshare Opportunities

Application for Frequency Allocation

The Memorandum of Consultationsbetween the United States and Ghana, which was signed March 16, 2000, provides valuable U.S. carrier opportunities, including a pool of frequencies for third-country code-share service which has grown to 32 weekly, effective April 1, 2003. United was allocated two such frequencies by Notice dated July 13, 2000 in this docket and two more by Notice dated May 24, 2002, also in this docket. By this application, United seeks one more frequency to provide additional code-share service between the U.S. and Ghana in conjunction with Lufthansa on that carrier's recently expanded schedule of five weekly services between Frankfurt and Accra, Ghana.

Counsel: Wilmer Cutler, Jeffrey Manley, 202-663-6670, jeffrey.manley@wilmer.com

OST-00-7149 - US-Ghana Third-Country Codeshare Frequencies

July 9, 2003

Application of American Airlines for US-Ghana Third-Country Codeshare Frequencies

Counsel: American, Carl Nelson, 202-496-5647, carl.nelson@aa.com

July 9, 2003

Answer of American Airlines to Application of United Air Lines

Counsel: American, Carl Nelson, 202-496-5647, carl.nelson@aa.com

July 14, 2003

OST-00-7149 - US-Ghana Third-Country Codeshare Frequencies

Consolidated Answer and Reply of United Air Lines

By application dated June 26, 2003, United requested an allocation of one additional U.S.-Ghana third-country code-share frequency, for a total of five. By separate application dated July 9, 2003, American requested three additional third-country code-share frequencies, for a total of seven. There are 32 such frequencies available, of which only 26 have been allocated. This leaves a total of six unallocated frequencies. Since United and American together seek only four of the six available frequencies, there is no mutual exclusivity, and each of their applications can be granted without the need to engage in a carrier selection proceeding.

United has no objection to the grant of American's application for the allocation of three additional U.S.-Ghana frequencies so long as that does not interfere with the simultaneous grant of United's earlier-filed application for one additional frequency.

Counsel: Wilmer Cutler, Jeffrey Manley, 202-663-6670, jmanley@wilmer.com

July 16, 2003

OST-00-7149 - US-Ghana Third-Country Codeshare Frequencies

Motion of American for Leave to file and Amendment No. 1 to Application for US-Ghana Third-Country Codeshare Frequencies

In its application, American requested the allocation of three additional U.S.-Ghana third-country codeshare frequen-cies for codeshare service to be operated by British Airways Plc via London (AA/AA*). By this amendment, American also seeks the transfer of the four U.S.-Ghana codeshare frequen-cies, which were awarded to American by Notice of Action Taken in this docket on May 29, 2002 for codeshare service operated by Swiss International Air Lines Ltd. via Zurich, to service to be operated by British Airways via London.

On July 11, 2003, Swiss announced that it is terminating operations between Zurich and Ghana, effective October 26, 2003. In these circumstances, American now seeks to provide daily codeshare service to Ghana with British Airways via London. The Department should accordingly (1) allocate three additional U.S.-Ghana codeshare frequencies to American, as we requested on July 9, 2003, and (2) transfer the four frequencies American already holds for service operated by Swiss to service to be operated by British Airways, as we request by this amendment.

Counsel: American, Carl Nelson, 202-496-5647, carl.nelson@aa.com

August 1, 2003

OST-00-7149 - US-Ghana

Supplement to Application of American Airlines for US-Ghana Third Country Codeshare Frequencies

American intends to commence daily codeshare service to Ghana with British Airways via London effective September 21, 2003. American is terminating its current four-days-a-week codeshare service to Ghana with Swiss via Zurich effective September 20, 2003.

Counsel: AA, Carl Nelson, 202-496-5647, carl.nelson@aa.com

Issued August 6, 2003

OST-00-7149

Notice of Action Taken - United Air Lines

Under the U.S.-Ghana agreement, U.S. carriers may operate 32 weekly third-country code-share frequencies between the United States and Ghana. United has been allocated four of these frequencies for its U.S.-Ghana services. (See Notices of Action Taken dated July 13, 2000, and May 29, 2002, in this docket.) United now seeks an allocation of one additional frequency in order to expand its code-share services with Lufthansa German Airlines between the United States and Accra, Ghana, via Frankfurt, through the intermediate point Lagos, Nigeria. (Lufthansa already operates five weekly services over his route.)

Notice of Action Taken - American Airlines

Under the U.S.-Ghana agreement, U.S. carriers may operate 32 weekly third-country code-share frequencies between the United States and Ghana. American currently code shares to Ghana with Swiss Air Lines via Zurich four days a week, using four U.S.-Ghana frequencies. (See Notices of Action Taken dated May 29, 2002, in Dockets OST-2002-12210 and 2000-7149.) American now seeks an allocation of three additional frequencies in order to offer code-share service to Ghana on a daily basis. American will operate this service pursuant to a code-share arrangement with British Airways via London, under which the U.S.-London portion would be operated using American aircraft and the London-Ghana portion using British Airways aircraft.

Amend its application to request that the four U.S.-Ghana frequencies it currently holds for service pursuant to a code-share arrangement with Swiss be transferred in order for American to provide daily service to Ghana, via London, pursuant to a code-share arrangement with British Airways. American states that it is terminating its code-share service to Ghana with Swiss on September 20, 2003, and commencing daily code-share service with British Airways effective September 21, 2003.

By: Paul Gretch

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