OST-97-3279
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OST-97-3279
Britannia Airways GmbH (Exemption, Germany-US)
OST-97-3279 | December 23, 1997
Applicant can not now determine with any accuracy, the number, specific origins or destinations of any such ad hoc U.S. charter flights. It currently anticipates that these will not exceed four per month from January through October, 1998, and that the majority, if not all, of these flights would operate from Germany to and from Sanford/Orlando, Florida and/or San Juan, Puerto Rico. Beginning in November, 1998, Applicant expects to operate no fewer than two flights per week between Germany and U.S. points. U.S. points to be served are now expected to be Sanford/Orlando or Tampa, Florida, Denver or Colorado Springs, Colorado, Anchorage, Alaska and Honolulu, Hawaii.
It is also committed, subject to approval of the U.S. authorities, to engage in a limited number of Fifth Freedom wetlease operation from the United Kingdom to some United States points in early 1998, for which Applicant will seek U.S. approval in the immediate future. Now operates a single Boeing 767-304-ER 328-seat aircraft under long-term lease, and proposes to add a second such aircraft to its fleet in early 1998.
Counsel: Miller Hamilton, Lester Bridgeman, 334-432-1414
OST-97-3279 | January 20, 1998
Amendment
to Application for Exemption
Britannia Airways, GmbH (hereafter "Applicant") hereby amends its application in the above docket, filed December 23, 1997, by supplementing the description of the authority sought by exemption to read as follows:
"Applicant here seeks an exemption authorizing it to engage in charter foreign air transportation of persons and their accompanying baggage and property:
Between a point or points in the Federal Republic of Germany and a point or points in the United States and also authorizing Applicant to engage in other charter trips in foreign air transportation subject to the terms, conditions and limitations of the Department's regulations governing charters".
Counsel: Miller Hamilton, Lester Bridgeman, 334.432.1414
OST-97-3279 | March 12, 1998
Re: Response to Telephone Conversation of March 10th
Counsel: Miller Hamilton, Lester Bridgeman, 334-433-4106
OST-97-3279 | April 15, 1998
Further Supplement to Application for Exemption
Pursuant to requirements of the Federal Republic of Germany respecting ownership and control, Britannia Airways, Ltd. (U.K.), Merck Finck and Company, a German company, and Frosch Touristik, GmbH, a German company, on October 14, 1997 entered into a German Notarial Agreement whereby Merck Finck acquired 45% of the shares of Applicant, Frosch Touristik (FTI) acquired 12%, and Britannia Airways, Ltd. retained 43%. Majority ownership, thus, resides in German companies.
Counsel: Miller Hamilton, Lester Bridgeman, 334.432.1414
OST-97-3279 | April 15, 1998
Re: Application for Exemption | Corrected Third Page of Further Supplement
A corrected third (signature) page of the Further Supplement for inclusion in that Further Supplement in lieu of the third page filed April 15.
Counsel: Miller Hamilton, Lester Bridgeman, 334.432.1414
Britannia Airways, GmbH (Notice of Action Taken)
OST-97-3279 | Filed December 23, 1997 | Action Taken April 29, 1998
The record further shows that the United Kingdom carrier's influence is limited by a shareholders' agreement between it and the other two companies, both German, that own the applicant's stock. This shareholders' agreement, effective October 14, 1997, and provided in pertinent part for the record by a supplement to the application filed April 15, 1998, contains conditions approved by the German Government that limit the power and ability of Britannia Airways Ltd. to select directors, to influence policy, or to exercise control of the applicant. Among other things, Britannia Airways Ltd. (1) may appoint at most one of the three members of the Board of Directors, whose decisions are taken by majority vote, (2) may cast no more than 49% of total votes cast in shareholder proceedings, and (3) must deal at arms-length with the applicant in the provision of services, all such contracts requiring unanimous Board approval. Furthermore, the applicant stated its willingness to notify the Department of any material change in the shareholders' agreement and of any changes in its ownership interests and control relationships.
Applicant Rep: Lester Bridgeman, 334-432-1414
Order 98-5-22 | Issued May 13, 1998 | Served May 19, 1998
The foreign air carriers referenced in the attached Notices of Action Taken have applied for various forms of authority or relief from Title 49 of the U.S. Code or regulations or orders of the Department in order to perform the air transportation activities shown in the attached Notices of Action Taken. Except as noted, no answers were filed to these requests. Because of the imminence of these operations, we approved them by telephone, subject to adherence, by each applicant, to the conditions set forth in its foreign air carrier permit, and/or conditions attached.
By: Paul Gretch
| OST-97-3279 | November 16, 1998 | Britannia Airways GmbH -
Letter |
Counsel: Miller Hamilton, Lester Bridgeman
| OST-97-3274 OST-97-3279 |
November 16, 1998 | Application for Waiver of
Ownership and Control Requirement |
U.S.-Germany |
| Service List |
Britannia Airways, GmbH applies for waiver in Docket OST 97-3274, and for continued waiver in Docket OST 97-3279, of the Department's requirement for "substantial ownership and effective control" by nationals of the homeland of a foreign air carrier applicant for, or holder of, U.S. authority.
Counsel: Miller Hamilton, Lester Bridgeman
July 7, 2003
OST-97-3239 - Exemption - Mexico-United States Charter Passenger Taxi
Application for Renewal of Exemption | Word
Counsel: Aero Taxis, Daniel Elizondo, 210-922-2855
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