OST-97-2911 - Northwest Airlines - US-South Africa Codeshare

OST Filings by Docket Number

U.S.-South Africa Third-Country Code-Share Opportunities / United Air Lines, Inc. / Northwest Airlines, Inc. / Delta Air Lines, Inc. / Continental Airlines, Inc.

Order 97-9-18 | OST-97-2911 | OST-95-498 | OST-97-2552 | OST-97-2553 | OST-97-2554 | Issued and Served September 17, 1997

Order to Show Cause

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By this order, we tentatively select Northwest Airlines and United Air Lines, to serve Johannesburg and Cape Town, under code-share arrangements with third-country carriers.

We tentatively conclude that the proposals of Northwest and United offer the greatest benefits to the traveling public due to the greater level of service they would provide in the U.S.-South Africa market. Northwest and United each would operate daily service to Johannesburg and five weekly flights to Cape Town, whereas Delta would offer such services a maximum of only five days per week. Given the greater number of South Africa frequencies offered by Northwest and United, we believe that their proposals would provide more service options to the traveling and shipping public than would Delta's proposal In addition, we note that Northwest and United would provide more nonstop-to-nonstop connecting services from more U.S. cities (13 for Northwest and 10 for United) than would Delta (8). In these combined circumstances, we tentatively conclude that the proposals offered by Northwest and United would more fully use the limited first-year route rights for third-country code-share services.

Attachment - Summary of Proposals

By: Patrick Murphy

U.S.-South Africa Third-Country Code-Share Opportunities / United Air Lines, Northwest Airlines, Delta Air Lines, Continental Airlines

OST-97-2911 | OST-95-498, 97-2552, 97-2553, 97-2554 | September 29, 1997

Objections of Continental Airlines to Order 97-9-18

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Continental objects to the Department's tentative decision to dismiss Continental's application and select Northwest and United for the two available U.S.-South Africa third-country code-sharing opportunities. The Department's proposed award of additional third-country code-share authority to Northwest and United further impairs Continental's ability to compete with their huge antitrust immunized global alliances and deprives the travelling public the benefit of a new-entrant alliance that would add an entirely new code-share network to South Africa and on U.S.-Europe routes.

Counsel: Continental and Crowell Moring, Bruce Keiner, 202-624-2500

U.S.-South Africa Third-Country Code-Share Opportunties / United Air Lines, Inc. / Northwest Airlines, Inc. / Delta Air Lines, Inc. / Continental Airlines, Inc.

OST-97-2911 | OST-95-498 | OST-97-2552 | OST-97-2553 | OST-97-2554 | October 2, 1997

Answer of United Air Lines to Objection of Continental Airlines

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Continental has been making this same argument in codeshare proceedings for nearly a year with no visible signs of success. Thus, in the U.S.-India Third-Country Code-Share Opportunities Proceeding, Dockets OST-96-1966, et al., Continental urged a similar deferral or conditional authorization pending completion of U.S./France negotiations then scheduled for December 1996. Consolidated Reply of Continental, dated December 4, 1996 at 3. There was no agreement reached at that time, and the Department rejected Continental's argument there for the same reasons cited in the show cause order in this case and quoted above. See Order 97-2-26 at 4. Notwithstanding two rounds of negotiations with France since Continental first sought deferral, outstanding issues with France are no nearer resolution today than they were then. Indeed, because of the recent change of government in France, the chances of a successful resolution of aviation issues may be even more remote today than they were when Continental first sought deferral last December.

Counsel: United and Ginsburg Feldman, Joel Burton, 202-637-9130

U.S.-South Africa Third-Country Code-Share Opportunities

Order 97-10-14 | OST-97-2911 | Issued October 10, 1997 | Served October 23, 1997

Final Order Authorizing Third-Country Code-Share Services

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By this orders we make final our tentative decision in Order 97-9-18 and select Northwest Airlines and United Air Lines, to serve Johannesburg and Cape Town, under code-share arrangements with third-country carriers.

By: Patrick Murphy

Northwest Airlines Inc.

OST-97-2991	August 24, 1999	Application for Renewal of Exemption	U.S.- South Africa Codeshare with KLM
		Service List

Permit Northwest to continue to provide scheduled service between points in the United States and Capetown and Johannesburg, South Africa. Northwest presently serves the U.S.-South Africa, market via Amsterdam, in conjunction with KLM Royal Dutch Airlines.

Counsel: Northwest, Megan Poldy, 202.842.3193

Northwest Airlines, Inc.

OST-97-2911

Filed August 24, 1999
Issued September 22, 1999

Notice of Action Taken

U.S.-South Africa Third-Country Codeshare Operations

By: Paul Gretch

Northwest Airlines, Inc.

OST-97-2911

Filed July 20, 2001
Issued August 8, 2001

Notice of Action Taken

U.S.- South Africa Third-Country Codeshare Operations

Renew for two years exemption under 49 U.S.C. 40109 to provide the following service: Scheduled foreign air transportation of persons, property and mail between points in the United States and Capetown and Johannesburg, South Africa, via Amsterdam, and to integrate this authority with its existing exemption and certificate authority. Northwest intends to operate this service pursuant to a code-share arrangement with KLM Royal Dutch Airlines.

By: Paul Gretch

United Air Lines, Inc.

OST-97-2911

March 6, 2002

Application for Renewal of Certificate of Public Convenience and Necessity

U.S.- South Africa Codeshare

United requests renewal of its authority to serve South Africa through its Certificate of Public Convenience and Necessity for Route 747, which authorizes it to operate scheduled foreign air transportation of persons, property and mail between a point or points in the United States, the intermediate point Frankfurt, Germany, and the coterminal points Johannesburg and Cape Town, South Africa, and beyond South Africa to Harare, Zimbabwe. The certificate also allows United to combine the services over the authorized route with services United is authorized to operate in other certificates and exemptions, subject to standard conditions. This authority was approved by Order 97-1014 for a five year period. The authority will expire on October 23, 2002.

Pursuant to its certificate for Route 747, United currently offers 'scheduled transportation between the United States and Johannesburg and Cape Town via Frankfurt under its codeshare arrangement with Lufthansa. United plans to continue such codeshare operations to South Africa under its renewed certificate authority.

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

June 5, 2003

OST-97-2911 - Exemption - US-South Africa Codeshare

Application for Renewal of an Exemption

Northwest seeks renewal of its exemption to engage in scheduled foreign air transportation of persons, property and mail between points in the United States and Capetown and Johannesburg, South Africa, via Amsterdam.

On May 14, 2003, Northwest and KLM filed a joint application for blanket exemptions and statements of authorization to engage in reciprocal code-sharing on each other's flights. Docket OST-03-15191.

Counsel: Northwest, Megan Rae Rosia, 202-842-3193, megan.rosia@nwa.com

OST-97-2911 - Exemption - US-South Africa Codeshare

Filed June 5, 2003 | Issued September 8, 2003

Notice of Action Taken | Word

Scheduled foreign air transportation of persons, property and mail between points in the United States and Capetown and Johannesburg, South Africa, via Amsterdam, and to integrate this authority with its existing exemption and certificate authority. Northwest intends to operate this service pursuant to a code-share arrangement with KLM Royal Dutch Airlines.

Northwest had requested that this authority be granted for two years or until the Department granted its application for blanket code-share authority with KLM in Docket OST-03-15191, whichever occurred earlier. While we granted the blanket authority on July 11, 2003, we have determined that Northwest still requires the exemption authority at issue here for the necessary underlying authority to conduct these codeshare operations. Thus, we dismiss as moot Northwest's application to the extent that it proposed to rely on the blanket authority instead of the exemption authority granted here.

By: Paul Gretch

Continental Airlines, Inc. / Federal Express Corporation / Florida West International Airways, Inc. / Polar Air Cargo, Inc. / United Air Lines, Inc.

Order 04-05-23
OST-2001-9622 - Continental - Houston- Lima
OST-1996-1530 - Federal Express - U.S.-China All Cargo
OST-1997-2646 - FWIA - Houston/Miami-Lima/Iquito and Beyond to Santiago All-Cargo Scheduled
OST-1999-6425 - Polar - U.S.-Argentina; U.S.-Chile Certificate of Public Convenience and Necessit
OST-1997-2911 - United - US-South Africa Codeshare
OST-1997-2046 - United - U.S.-Argentina, Brazil, and Columbia on Route 632

Issued March 29, 2004 | Served May 28, 2004

Order Issuing Certificates | Word

We amend or issue in the form attached, certificates of public convenience and necessity to the applicants listed in the caption of this order. We dismiss, as moot, the application of Polar Air Cargo to the extent that it seeks certificate authority to serve the Argentina and Grenada markets. We deny United's application in Docket OST-1997-2046 to the extent that it seeks to renew U.S-Brazil authority on segments 1 and 6 for an indefinite duration

By: Karan Bhatia

Order 04-05-23
OST-2001-9622 - Houston- Lima
OST-1996-1530 - U.S.-China All Cargo
OST-1997-2646 - Houston/Miami-Lima/Iquito and Beyond to Santiago All-Cargo Scheduled
OST-1999-6425 - U.S.-Argentina; U.S.-Chile Certificate of Public Convenience and Necessity
OST-1997-2911 - US-South Africa Codeshare
OST-1997-2046 - U.S.-Argentina, Brazil, and Columbia on Route 632

Issued March 29, 2004 | Served May 28, 2004

Order Issuing Certificates - Corrected Copy | Word

*To reflect insertion of dates omitted from certificates and the fact that United was not issued a certificate for China authority, as indicated on page 3 of the posted copy.

By: Karan Bhatia

Continental Airlines, Inc. / Federal Express Corporation / Florida West International Airways, Inc. / Polar Air Cargo, Inc. / United Air Lines, Inc.

Issued March 29, 2004 | Served May 28, 2004

Order Issuing Certificates - Corrected Copy | Word

*Corrects Order 2004-5-23, served May 28, 2004, to include Chile in Polar’s certificate for Route 651. Only Polar’s certificate is attached to this correction.

By: Karan Bhatia

Continental Airlines, Inc. / Federal Express Corporation / Florida West International Airways, Inc. / Polar Air Cargo, Inc. / United Air Lines, Inc.

Issued March 29, 2004 | Served June 15, 2004

Order Issuing Certificates - Corrected Copy | Word

Only difference between this and the one from June 15th is the Serve Date in the upper right hand corner.

By: Karan Bhatia