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OST-96-1402

Delta Air Lines, Inc. - (Renew US-Ukraine)

OST-96-1402 | June 30, 1998

Application of for Renewal of Frequency Allocation

Delta hereby applies for renewal of its allocationof six (6) weekly frequencies to provide U.S.-Ukraine service, as most recently renewed by Order 96-9-11. Delta requests that its renewed frequency allocation remain in effect for a period of indefinite duration, provided that Delta continues to hold the necessary underlying authority, consistent with recent Department practice.

Service List

Counsel: Shaw Pittman, Robert Cohn, 202.663.8060

Delta Air Lines, Inc.

Counsel: Shaw Pittman, Alexander Van der Bellen, 202.663.8060

Delta Air Lines, Inc.

Delta's U.S.-Ukraine codesharing frequencies were granted by Order 96-9-11, September 9, 1996, an order which in effect confirmed Delta's designation to provide limited-entry third-country codesharing services to the Ukraine with Austrian Airlines via Vienna. In its March 30, 2000 amendment, Delta is seeking to switch its partner to Air France and its European intermediate point to Paris. Unless American succeeds to TWA's dormant designation, the American and Delta applications would be mutually exclusive under Ashbacker Radio Corp. v. FCC, 326 U.S. 327 (1945), and the Department would be required to conduct a carrier-selection proceeding to choose between American/ Swissair and Delta/Air France for designation and frequencies in the U.S.-Ukraine market.

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

Delta Air Lines, Inc. / American Airlines, Inc.

Contrary to American's assertions, there are no currently pending competing applications with respect to Delta's Ukraine codeshare services that would raise Ashbacker concerns. Delta notified the Department on February 17, 2000, that Delta would be transferring certain of its limited-entry codeshare service from Swissair to Air France-operated flights. Neither American nor any other carrier submitted comments or competing applications for Ukraine codeshare services.

On March 23, 2000, the Department confirmed its approval of the Delta/Air France Ukraine codeshare services, as shown in Attachment A. Not only are the current Delta/Air France codeshare services approved by the Department, but the Air France services will be a continuation of a long-established Delta codeshare service. In these circumstances, neither American's codeshare designation application nor its frequency request are "competing with" or "mutually exclusive" to Delta's existing and duly-authorized service.

Counsel:  Shaw Pittman, Alexander Van der Bellen, 202.663.8060

Delta Air Lines, Inc.

Renew allocation of six weekly U.S.-Ukraine combination frequencies to provide scheduled foreign air transportation of persons, property, and mail between a point or points in the United States and Kiev and Odessa, Ukraine via Vienna, Austria, under a code-share arrangement with Austrian Airlines.

By:  Paul Gretch

Delta Air Lines, Inc.

Hereby requests that one (1) additional U.S.-Ukraine combination frequency be added to Delta's existing allocation. The additional frequency is necessary to support the operation of daily Delta codeshare service in conjunction with Air France.  Air France has now increased its frequency of operation on the Paris-Kiev route to seven weekly fights. Accordingly, Delta requests that its previous daily codeshare authority be restored through the allocation of one (1) additional combination frequency.  There are currently more than adequate frequencies available to fund Delta's request (as well as the similar request filed by Northwest Airlines on July 31, 2002 in Docket OST-02-13004). Delta requests expedited treatment for this application. Delta is conducting a poll of the carrier parties on the attached service list and will advise the Department of the results.

Counsel:  Shaw Pittman, Robert Cohn, 202.663.8060

Delta Air Lines, Inc.

Counsel:  Shaw Pittman, Alexander Van der Bellen, 202.663.8060

Delta Air Lines, Inc.

Allocation of one U.S.-Ukraine weekly frequency in order to expand its thirdcountry code-share services with Air France. Under Annex 1 of the U.S. Ukraine aviation agreement, there are a total of 18 weekly roundtrip frequencies for combination services available for distribution. Currently, a total of 12 frequencies are allocated as follows: Delta (2.5 frequencies), Northwest (3.5 frequencies), United (3.5 frequencies) and American (2.5). Thus, there are 6 remaining frequencies currently unallocated. Upon allocation of one additional frequency to Delta, 5 frequencies will remain unallocated.

By:  Paul Gretch

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