OST-97-3259
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OST-97-3259
Atlantic Coast Airlines (Exemption, High Density Rule, Chicago O'Hare Slots)
OST-97-3259 | December 17, 1997
Apart from the benefits that will flow directly from the grant of this ACA application, the communities that ACA proposes to link to O'Hare will enjoy additional service benefits. If ACA receives the award of O'Hare slots it plans to upgrade some of its existing Dulles-Charleston turboprop service to Regional Jet operations. In addition, if ACA is granted O'Hare slots with which it can commence service to Wilkes-Barre/Scranton, it will also operate turboprop service between Dulles and Wilkes-Barre/Scranton. These additional service benefits will be a by product of the grant of 36 slots to ACA and are consistent with the Congressional desire to enhance air service between non-hub and major airports.
Answers are due by January 2, 1997
Counsel: Bagileo Silverberg, Robert Silverberg, 202-944-3300
Atlantic Coast Airlines / Simmons Airlines, Inc. d/b/a American Eagle (High Density Rule, Chicago O'Hare)
OST-97-3259 | OST-97-2985 | December 17, 1997
Motion of Atlantic
Coast Airlines to Consolidate
In the event that the Department is not in a position to grant in full the applications of ACA and Simmons for O'Hare slots in order to offer service between O'Hare and six common cities, the DOT as a matter of law must consolidate the competing applications as they would be mutually exclusive.
Counsel: Bagileo Silverberg, Robert Silverberg, 202-944-3300
Atlantic Coast Airlines d/b/a United Express / Simmons Airlines, Inc. d/b/a American Eagle (High Density Rule, O'Hare)
OST-97-3259 | OST-97-2985 | December 29, 1997
Answer of Simmons
Airlines in Opposition to Motion to Consolidate
ACA's motion to consolidate should be denied. The Department should consider ACA's application in turn, after the Department has taken action on Simmons' application, consistent with the 120-day statutory deadline mandated by Public Law 10566 and the controlling precedents cited above.
Counsel: American, Carl Nelson, 202-496-5647, carl_nelson@amrcorp.com
Atlantic Coast Airlines, Inc. (High Density Rule, Chicago O'Hare)
OST-97-3259 | December 30, 1997
Amendment
No. 1 to Application
Upon completion of further market analysis, ACA has concluded that it can also profitably link the non-hub community of Springfield, Missouri to the principle midwest hub airport-O'Hare International. Hence, ACA is hereby amending its initial application to request a total of 42 slots (up from ACA's original request of 36 slots) which it will use to serve Springfield. Proposes to commence Springfield service in the month of June 1998. Simmons Airlines, Inc., d/b/a American Eagle, which has also sought O'Hare slots to serve Springfield, has indicated its intention to start Springfield service in August 1998
Counsel: Bagileo Silverberg, Robert Sliverberg, 202-944-3300
Simmons Airlines, Inc. d/b/a American Eagle / Trans States Airlines, Inc. / Reno Air, Inc. / Atlantic Coast Airlines / Great Lakes Aviation, Inc. d/b/a United Express (High Density Rule, Chicago O'Hare)
OST-95-368 | OST-97-2368 | OST-97-2771 | OST-97-3259 | OST-97-3153 | December 30, 1997
Motion for
Leave to File and Comments of Comair
At the outset, two aspects of these O'Hare slot requests have become quite clear. First, except for Reno Air (which has had a close relationship with American), all the applicants are controlled by either American or United in terms of O'Hare operation (none is really a new entrant) and the requests simply constitute a battle between the two carriers which dominate the hub and an effort by both carriers to expand that hubs dominance in the nations Second, the enormous requests for slot allocations and the likelihood of an almost endless stream of subsequent requests make it apparent that an ad hoc market by market approach to the problem will not work. Instead, the Department needs to step back, look at the entire picture and make a determination based on solid facts and nationwide impact.
Counsel: Steptoe Johnson, Richard Taylor, 202-429-6459
Atlantic Coast Airlines, Inc. / Simmons Airlines, Inc. d/b/a American Eagle (High Density Rule - Chicago O'Hare)
OST-97-3259 | OST-97-2985 | December 31, 1997
Motion for
Leave to File and Reply of Atlantic Coast Airlines to Answer of Simmons
Airlines
Contrary to Simmons' argument, there is no controlling precedent on which to base a denial of ACA's motion to consolidate and the cases relied upon by Simmons are of no avail to it. Moreover, the same arguments employed by Simmons in seeking consolidation with Trans States apply with equal force to ACA's motion to consolidate. Simmons can not have it both ways. Controlling statutory law and the DOT's Rules of Practice clearly favors consolidation of the ACA and Simmons' applications and ACA urges the Department to promptly grant ACA's motion and institute a proceeding to give both applications a comparative hearing by show cause or other appropriate procedures.
Counsel: Bagileo Silverberg, Robert Silverberg, 202-944-3300
Re: Application of Atlantic Coast - American Intends to Answer January 14, 1998
Counsel: American, Carl Nelson, 202-496-5647
Simmons Airlines, Inc. d/b/a American Eagle, et al.
OST-95-368 | OST-97-2368 | OST-97-2771 | OST-97-3259 | OST-97-3153 | January 6, 1998
Re:
Corrections to Comments filed by Comair
Comair, Inc. respectfully requests that two corrections be made to the Comments filed by it herein on December 30, 1997. The first correction is to change the word "sold" to "solid" on page 2, line 6 from the bottom. The second correction is to change "80" to "25". on page 3, line 9 from the bottom. Corrected pages 2 and 3 are attached hereto and have been served on all parties.
Counsel: Steptoe Johnson, Richard Taylor, 202-429-3000
Simmons Airlines, Inc. d/b/a American Eagle / Trans States Airlines, Inc. d/b/a United Express / Reno Air, Inc. / Atlantic Coast Airlines d/b/a United Express / Great Lakes Aviation Ltd. d/b/a United Express (High Density Rule, Chicago O'Hare)
OST-97-2985 | OST-97-2368 | OST-97-2771 | OST-97-3259 | OST-97-3153 | January 9, 1998
Motion for
Leave to File and Response of American Airlines and American Eagle to
Comments of Comair
Comair and Delta, and their hub services at Cincinnati, have no special claim to protection from competition. Indeed, American and American Eagle are at a decided competitive disadvantage at O'Hare in competing with nearby hubs, such as Cincinnati, for national traffic flows because O'Hare is the only slot-controlled hub airport in the United States. The additional slots that the Department has been asked to make available at O'Hare cannot begin to redress the overwhelming advantage enjoyed by Delta and Comair in operating at an unconstrained airport.
Counsel: American, Carl Nelson, 202-496-5647, carl_nelson@amrcorp.com
Motion for
Leave to File and Reply of Atlantic Coast Airlines to Comments of Comair
Comair's arguments for rejecting the current O'Hare slot exemption applications lack both merit and substance. To credit Comair's position would be tantamount to reverting to the policies embodied in the pre-deregulation Federal Aviation Act. Moreover, Comair is asking the Department to ignore the Congressional directive to expand service opportunities between non-hub cities and O'Hare. Finally, Comair has mischaracterized ACA's motives for seeking O'Hare slots. Accordingly, the DOT must reject the selfserving and protectionist arguments of Comair and promptly proceed to decide the issues raised by the competing slot applications of ACA and Simmons.
Counsel: Bagileo Silverberg, Robert Silverberg, 202-944-3300
Atlantic Coast Airlines d/b/a United Express
OST-97-3259 | January 14, 1998
Answer of Simmons
Airlines, Inc. d/b/a American Eagle
Simmons d/b/a American Eagle opposes the application of Atlantic Coast d/b/a United Express for 36 exemption slots at Chicago O'Hare. The Department should not consider ACA's application until it has granted Simmons' application, submitted on October 9, 1997 in OST-97-2985, in full.
Counsel: Carl Nelson Jr. for American, 202.496.5647
Answer of Springifeld-Branson
Regional Airport to Application for Exemption
Springfield-Branson supports the request for an Exemption so as to allow a carrier to provide regional jet service in the Chicago O'Hare market. Springfield is delighted to have two well-qualified applicants seeking to provide nonstop jet service in one of its most important markets. Springfield supports the need for the new nonstop regional jet service. Atlantic Coast Airlines advantage is that it will provide service opportunities to a slightly larger volume of traffic than will Simmons. The Department should choose one airline as expeditiously as possible so that the needed service can commence.
Appendix A - United/United Express Nonstop Markets Which Could be Served Via Chicago's O'Hare Airport
Counsel: SH&E, Robert Dunn, 617.225.2800
Simmons Airlines, Inc. / Atlantic Coast Airlines, Inc. (High Density Rule, Chicago O'Hare)
OST-97-3259 | OST-97-2985
Letter from Luzerne County in Support of
Atlantic Coast, March 20, 1998
Letter from City of Rogers in of
Simmons/American Eagle, March 20, 1998
Applications of TRANS STATES AIRLINES, INC. / AMERICA WEST AIRLINES, INC. / SIMMONS AIRLINES, INC. d/b/a AMERICAN EAGLE / ATLANTIC COAST AIRLINES, INC.
Order 98-4-21 | OST-97-3259 | OST-97-2368 | OST-97-2985 | OST-97-2970 | Issued and Served April 21, 1998
After considering applications for exemptions from 14 CFR Part 93, Subparts K and S for slots at Chicago O’Hare Airport filed by America West Airlines, Atlantic Coast Airlines, Simmons Airlines and Trans States Airlines, the Department has decided to grant five slot exemptions to America West for nonstop service between O’Hare and Phoenix, AZ; 16 slot exemptions to Atlantic Coast for nonstop service between O’Hare-and Charleston, WV, Springfield, MO, and Wilkes-Barre, PA; and 16 slot exemptions to Trans States for nonstop service between O’Hare and Chattanooga, TN, Roanoke, VA, and Tri-Cities, TN. Grant of the exemptions to Atlantic Coast and Trans States is conditioned on their being used solely for the markets designated in the carriers’ applications, with regional jet aircraft. We have also decided to grant, on an interim (six-month) basis, 16 slot exemptions to Simmons for specified Essential Air Service (EAS) operations, to replace slots that we are permitting Simmons, by this order, to use to implement nonstop regional jet services between O’Hare and Duluth, MN, Fayetteville, AR, Montgomery, AL, and Shreveport, LA. Grant of these exemptions to Simmons is conditioned on their being used solely to provide the specified EAS operations and on Simmons’ implementation of an equal-number of scheduled nonstop frequencies with regional jet aircraft between O’Hare and the cities designated above.
We will also direct interested parties to show cause why we should not extend the foregoing exemptions to Simmons on a permanent basis. Our action here supersedes our decision in Order 97-10-16 to the extent that that order granted Trans States eight slot exemptions to serve certain O’Hare markets on a two-year, experimental basis. We will deny the remainder of ACA’s, Simmons’ and Trans States’ applications to the extent that they contemplate service in other markets or a higher number of slot exemptions.
By: Charles Hunnicutt
Trans States Airlines, Inc. / America West Airlines, Inc. / Simmons Airlines, Inc. / Atlantic Coast Airlines, Inc. (High Density Rule, Chicago O'Hare)
OST-97-2368 | OST-97-2970 | OST-97-2985 | OST-97-3259 | May 11, 1998
Not only did United Express receive two-thirds of the small community slots the Department awarded, but each United Express carrier is required to serve only three cities, while American Eagle must spread the same number of slots over four cities. As a scheduling matter, this means that Trans States d/b/a United Express can offer three daily roundtrips to two of its three cities; Atlantic Coast d/b/a United Express can also offer three daily roundtrips to two cities; but American Eagle would be limited to two daily roundtrips to each of the four cities it was awarded.
Counsel: American, Carl Nelson, 202-496-5647, carl_nelson@amrcorp.com
Trans States Airlines, Inc. / America West Airlines, Inc. / Simmons Airlines, Inc. d/b/a American Eagle / Atlantic Coast Airlines, Inc. (High Density Rule, Chicago O'Hare)
OST-97-2368 | OST-97-2970 | OST-97-2985 | OST-97-3259 | May 20, 1998
United's paper is a pastiche of grievances involving such unrelated matters as the Department's treatment of Air Wisconsin d/b/a United Express in a proceeding about EAS service, and the FAA's decision of March 26, 1998 (FAA Docket 29009) denying United's petition for the return of international slots at O'Hare that had been withdrawn from United prior to 1993 (63 Fed. Reg. 19283, April 17, 1998). There is no logical connection between the FAA's decision in March regarding international slots, and the Department's decision here to improve domestic service to small communities as mandated by Congress. The Department should reject the tortured linkage that United is attempting to create between these wholly unrelated proceedings.
Attachment: Employees Ask Why Pilots are the Only Group Ratifying the United-Delta Alliance, from NewsReal, 5/4/98
Counsel: American, Carl Nelson, 202-496-5647, carl_nelson@amrcorp.com
Trans States Airlines, Inc., Atlantic Coast Airlines, and Air Wisconsin Airlines Corp.
| OST-97-2368 OST-97-3259 |
December 17, 1999 | Re: To Rodney Slater- Request of Atlantic Coast Airlines and Air Wisconsin for Preserving Service | Non-Stop Service Chicago, O'Hare- Roanoke, Virginia and Tri-Cities, Tennessee |
We are writing to you to seek your assistance in preserving non-stop service between Chicago O'Hare International Airport and the communities of Roanoke, Virginia and Tri-Cities, Tennessee. Both of these cities gained nonstop service pursuant to the terms of Orders 97-10-16 and 98-4-21 which granted Trans States Airlines, operating as United Express, 16 O'Hare slots with which to provide this nonstop service to Roanoke and Tri-Cities in addition to providing Chattanooga-O' Hare service. Recently, Trans States Airlines and United Airlines have mutually agreed to terminate their code share relationship. As a result, Trans States will redeploy its aircraft in other non Chicago markets after February 8, 2000.
Counsel: Trans States, 314.895.8700, ACA, 703.925.6000, and Air Wisconsin, 920.739.5123
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