ost972986

OST-97-2986

Trans World Airlines, Inc. (Exemption, New York-Ukraine Codeshare with Ukraine Intl)

OST-97-2986 | October 9, 1997

Application for an Exemption

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TWA and Ukraine International propose to code share by connection between the flights of the two carriers at Paris, France. Because of the current bilateral difficulties with France, TWA recognizes that the necessary authority may not be immediately available from France. Nevertheless, TWA and Ukraine International are filing this application at this time. There are current bilateral negotiations with France that may well lead to a new agreement under which the code share authority required by TWA will be made available. In addition, in recent years, the requests of French carriers for additional authority have allowed the U.S. to gain additional rights for U.S. carriers under the current regime of comity and reciprocity.

TWA will be the only code share service between JFK and Kiev on which the transatlantic segment is operated by a U.S. flag airline. TWA will also extend its route network to an important European country, which will enhance TWA's route system, and it will connect Kiev with numerous other U.S. cities via its New York gateway.

Answers are due by October 24, 1997

Service List

Counsel: TWA and Richard Fahy, 202-457-4764, rfahy@ibm.net

Trans World Airlines, Inc. and Ukraine International Airlines (Reciprocal Codesharing)

Undocketed | OST-97-2986 | OST-97-2987 | October 20, 1997

Answer of Tower Air

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Tower Air does not oppose the proposed code-sharing services of TWA and Ukraine International as such. It does strongly oppose, however, the intertwined request of TWA that Tower Air not be designated to serve Ukraine under the U.S.-Ukraine Bilateral Air Transport Agreement so that TWA can, instead, be given that designation. There are four, very strong public interest reasons why this request of TWA must not be granted.

Counsel: Hewes Gelband, Stephen Gelband, 202-337-6200

Trans World Airlines, Inc. and Ukraine International Airlines (Exemptions and Statements of Authorization, Codeshare)

OST-97-2986 | OST-97-2987 | Undocketed | October 24, 1997

Consolidated Answer of United Air Lines

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

Trans World Airlines, Inc. and Ukraine International Airlines (Statements of Authorization and Exemptions, Codesharing)

Undocketed | OST-97-2986 | OST-97-2987 | October 28, 1997

Reply of TWA and Ukraine International Airlines

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Trans World Airlines and Ukraine International hereby reply to the answers of Tower Air and United Airlines to their joint application for statements of authorization for code share service between the U.S. and Ukraine. Tower Air has exemption authority, which will soon become dormant, to operate New York-Kiev service, and proposes to extend such dormant route rights even though they deprive other airlines of the opportunity to serve the U.S.-Ukraine market. United already provides code share service to Ukraine, but has determined to use the vehicle of this application to begin a campaign for additional third country code share frequencies. TWA and Ukraine International request that the arguments of both carriers be rejected, and that the Department authorize them to provide the proposed code share service.

Attachment 1: Tower Press Release, October 21, 1997, Lease Out B-747 Equipment
Attachment 2: Letter from Ukraine Intl to TWA

Counsel: Richard Fahy, 703-684-4422

Tower Air, Inc. / Trans World Airlines, Inc. / Trans World Airlines, Inc. and Ukraine International Airlines

Order

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By this order we grant the request of Tower Air to delay its start-up date to serve the New Yok-Kiev market until April 15, 1998. We also dismiss the requests of TWA and Ukraine International to serve this market under a codeshare arrangement.

By: Paul Gretch

Trans World Airlines, Inc. and Ukraine International Airlines (Reciprocal Codesharing Services) / Ukraine International Airlines (New York-Ukraine)

OST-97-2986 | Undocketed | January 9, 1998

Petition for Review of Staff Action

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By Order 97-12-33, the Department, by staff action, granted the request of Tower Air to delay its start-up date to serve the New York-Kiev market until April 15, 1998, subject to a condition that requires it to file monthly reports on the status of its plans to inaugurate service. Because there are no additional U.S. designations available under the U.S.-Ukraine bilateral agreement and no currently available authority from France to provide the code share service over the proposed connecting point, Paris, the Department also dismissed the application of TWA for an exemption to serve Ukraine via a code share with Ukraine International and the joint application of the carriers for statements of authorization to provide code share service. The Department did not dismiss the related application of Ukraine International in Docket 97-2987 for an exemption to serve the United States by code share with TWA.

TWA and Ukraine International hereby petition for review of Order 97-12-33 insofar as it dismissed the TWA exemption application and the joint application for code share authority. The applicants do not request review of that portion of the order that relates to Tower Air. The proper course of action would have been to defer, rather than dismiss, the TWA and Ukraine International applications.

Service List

Counsel: Richard Fahy, Jr. for TWA and Ukraine International, 703.684.4422

Trans World Airlines, Inc. and Ukraine International Airlines (New York-Ukraine Reciprocal Codeshare)

Undocketed | OST-97-2986 | April 23, 1998

Supplement to Petition of Trans World Airlines and Ukraine International Airlines for Review of Staff Action

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TWA and Ukraine International, therefore, file this supplement to their petition for review of Staff Action because the time is now ripe for the Department to act upon their applications. Tower's exemption, authority lapsed on April 15 because of its failure to start service, and a bilateral agreement has now been reached with France that allows the proposed code share operation. Thus, the conditions that led the Department to dismiss the applications without prejudice are no longer applicable.

Counsel: TWA and Richard Fahy, 202-457-4752, rfahy@ibm.net

Tower Air, Inc. / Trans World Airlines, Inc. / Trans World Airlines, Inc. and Ukraine International Airlines

Order

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By this order, we grant the petition of TWA and Ukraine International for review of staff action that dismissed their applications to provide certain US-Ukraine codeshare services via Paris and, on review, in light of changed circumstances, we grant the applications.

By: Paul Gretch