OST-1996-1371 - Delta Air Lines, Inc.

OST-1996-1371

http://www.delta.com/

Delta Air Lines, Inc.

OST-96-1371	August 23, 2001	Application for Renewal of Certificate of Public Convenience and Necessity	Route 178, Segement 5 (Atlanta- Spain)
		Service List

Counsel: Shaw Pittman, Robert Cohn, 202.663.8060

US Airways, Inc.; American Airlines, Inc.; Continental Airlines, Inc.; Continental Micronesia, Inc.; Delta Air Lines, Inc.; United Air Lines, Inc.

Order 01-2-01 OST-95-656 OST-95-766 OST-95-869 OST-96-1371 OST-96-1389 OST-96-1394 OST-96-1423 OST-01-9855	Issued December 14, 2001 Served February 6, 2002	Order Issuing Certificates	Certificates of Public Convenience: U.S.- Spain; U.S.- Barcelona; Route 171 (Guam- Tokyo); Route 178, Segment 5 (Atlanta- Spain); Segment 6 Route 603 (Washington D.C.- Spain); Route 602 (Dallas Ft/Worth, Miami- Spain); Route 616, Segments 3 and 9: U.S.- Athens, Greece
		American Airlines - Route 602 - OST-95-766 & OST-96-1394	Barcelona/Austria Authority Dallas/Ft. Worth/Miami-Spain
		Continental Airlines - Route 29-F - OST-96-1423	New York (Newark)-the Azores-Lisbon-Madrid-Barcelona and Beyond
		Continental Micronesia - Route 171 - OST-95-869	Guam - Toyko, Japan
		Delta Air Lines - Route 616 - OST-01-9855	United States and Athens, Greece
		Delta Air Lines - Route 178 - OST-96-1371	Route 178, Segment 5 - Atlanta-Spain
		United Air Lines - Route 603 - OST-96-1389	Spain on Segment 6 of Route 603
		US Airways - Route 737 - OST-95-656	Philadelphia/Boston - Madrid/Barcelona/Malaga/Palma de Mallorca, Spain

We will amend United's certificate for Route 603 to reflect renewal of authority to serve Spain on segment 6 for another five years, and will add a new condition authorizing route integration. We will dismiss United's request that its certificate authority be renewed for an indefinite duration. Although, as United notes, there may be some flexibility under the U.S.-Spain aviation agreement for additional U.S.-Spain services, that regime still technically remains a limited-entry regime. In these circumstances, we are not persuaded that it is in the public interest to deviate from our standard practice to limit U.S. carrier route authority to five years in countrypair markets where U.S. carrier rights are not fully open.

By: Read Van de Water

OST-1996-1371 - Route 178, Segment 5 (Atlanta- Spain)

August 1, 2006

Application for Renewal of a Certificate of Public Convenience and Necessity

Delta hereby applies for renewal of its authority to engage in scheduled foreign air transportation of persons, property and mail between the terminal point Atlanta, Georgia, and the coterminal points Madrid, Barcelona, Malaga and Palma de Mallorca, Spain, which are foreign points named on segment 5 of Delta's Certificate of Public Convenience and Necessity for Route 178. This segment was added to Delta's certificate for Route 178 by Order 1991-10-54, and the authority to serve these points in Spain on segment 5 was most recently renewed by Certificate Amendment issued by Order 2002-2-1, for five years, expiring January 31, 2007. Delta requests indefinite renewal, particularly if other U.S. carriers and foreign carriers are granted comparable U.S.-Spain certificate/permit authority for an indefinite period. (See, e.g., Air Comet S.A. d/b/a Air Plus Comet, Order 2006-7-22, tentatively granting a foreign air carrier permit for New York-Spain scheduled flights and U.S.-Spain charter flights indefinitely.) In any event, the certificate authority should be renewed for a period of no less than five additional years.

Segment 5 of Route 178 authorizes Delta to provide its Atlanta-Spain services via the intermediate points of the Azores and Lisbon, Portugal. The authority to serve Portugal on this segment, however, is not subject to an expiration date.

Counsel: Hogan & Hartson, Robert Cohn, 202-637-4999, recohn@hhlaw.com