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OST-96-1042

U.S.-Argentina All-Cargo Frequency Proceeding
Joint Application of Federal Express Corporation, Arrow Air, Inc., and Florida West International Airways, Inc. (Transfer of Frequency Allocations in US-Argentina All-Cargo Frequencies)
Applications of Arrow Air, Inc., Federal Express Corporation, Fine Airlines, Inc., Polar Air Cargo, Inc., and Southern Air Transport, Inc. (Allocation of Frequencies and/or Exemption Authority in US-Argentina All-Cargo Frequencies)
Application of Florida West International Airways, Inc. (Renewal of Frequency Allocation)
Motion and Request of Challenge Air Cargo, Inc. (For Clarification of Department's August 14, 1997 Notice Regarding US-Argentina All-Cargo Services)
Application of Challenge Air Cargo (Renewal of Exemption)
Joint Petition for Review of Staff Action of Federal Express Corporation and Arrow Air, Inc. (Regarding August 14, 1997 Notice on US-Argentina All-Cargo Services)

OST-97-3139 | OST-97-2548 | OST-97-2848 | OST-97-2594 | OST-97-2852 | OST-97-2578 OST-97-2855 | OST-97-2648 | Undocketed | OST-96-1042 | Undocketed | November 28, 1997

Motion for Leave to File and Reply of Challenge Air Cargo, Inc. to Answer of Polar Air Cargo, Inc.

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Polar has fundamentally misconstrued and mischarachterized the issues raised in Challenge's Petition for Reconsideration of Order 97-11-35. In the interest of a complete and accurate record for the Department's consideration, and given the importance of the issues at stake, Challenge should be given an opportunity to respond. Good cause, therefore, exists for acceptance of this Reply.

Polar contends that because Challenge has the opportunity to participate in this proceeding, its procedural rights have been protected. Polar is flat wrong. Challenge cannot lawfully be placed in a position where it has to recompete for frequencies that it has already been awarded based on an unarticulated use standard. In exercising its frequency allocation, Challenge has justifiably relied on the Department's 90-day dormancy condition and its prior statements of policy.

Counsel: Zuckert Scoutt, William Calloway, 202.298.8660

Notice of Action Dismissing Applications- Various Dockets; Arrow Air, Inc., Federal Express Corporation, Southern Air Transport, Inc., Challenge Air Cargo, Inc., Fine Airlines, Inc. and Polar Air Cargo, Inc.

By:  Paul Gretch

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