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OST-98-3325

Trans World Airlines, Inc. (Exemption, New Zealand, Australia, London and Frankfurt via Codeshare with Air New Zealand)

OST-98-3325 | January 13, 1998

Application for an Exemption

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TWA proposes to to place its code on Air New Zealand's services in the following markets for purposes of carrying cargo only: Los Angeles - Auckland and Christchurch, New Zealand Sydney, Melbourne, and Brisbane, Australia London, England (via Heathrow Airport) Frankfurt, Germany. TWA does not now have authority to serve Australia or New Zealand. Under its certificate for Route 147, it has authority to serve London and Frankfurt from New York and St. Louis, but requires additional authority from Los Angeles.

Answers are due by January 28, 1998

Service List

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

Trans World Airlines, Inc. and Air New Zealand (Notice of Action Taken - New)

OST-98-3325 | Undocketed | Filed January 13, 1998 | Action Taken March 31, 1998

Notice of Action

Scheduled foreign air transportation of property and mail between Los Angeles, California, and Honolulu, Hawaii, on the one hand, and Auckland and Christchurch, New Zealand; Sydney, Melbourne, and Brisbane, Australia; London, England (via London's Heathrow Airport); and Frankfurt, Germany, on the other hand. TWA intends to operate the service under a code-share arrangement with Air New Zealand.

Air New Zealand to display TWA's airline designator code for the transportation of cargo on flights operated by Air New Zealand between Los Angeles, on the one hand, and Auckland, Christchurch, Sydney, Frankfurt, and London's Heathrow Airport, on the other hand, and between Auckland, on the one hand, and Sydney, Melbourne, Brisbane, and Honolulu, on the other hand; and (2) Trans World Airlines to display ANZ's airline designator code on flights operated by TWA between Los Angeles, on the one hand, and Atlanta, Boston, Chicago, Dallas/Ft. Worth, Denver, Miami, New York, Orlando, San Francisco, St. Louis, and Washington, D.C., on the other hand, for the carriage of Air New Zealand's foreign air transportation cargo traffic.

Applicant Rep:  Richard Fahy for TWA / Susan Gotbetter for Air New Zealand

Order Confirming Notices of Action Taken

Order 98-6-2 | Issued June 2, 1998 | Served June 8, 1998

Order

• American Airlines:  OST-98-3401 | Undocketed* | Undocketed* | OST-97-2477* | OST-97-2944*
• American Airlines and Aero California:  Undocketed*
• Aero California:  OST-97-2481* | OST-97-2961*
• Continental Airlines:  OST-98-3317 | OST-98-3466
• Delta Air Lines and Aeromexico:  OST-97-3289*
• Trans World Airlines:  OST-98-3325*
• United Air Lines:  OST-96-1348* | OST-96-1554* | OST-96-1560*
• United Air Lines and Mexicana:  OST-97-3237*
• United Air Lines and Lufthansa:  OST-98-3476*

By:  Paul Gretch

Trans World Airlines, Inc.

Counsel:  TWA, Richard Fahy, 703.768.9550, rfahy@att.net.com

Trans World Airlines, Inc.

Counsel:  TWA. Glenn Wicks, 703.841.4665

Trans World Airlines, Inc.

Scheduled foreign air transportation of property and mail between Los Angeles and Honolulu, on the one hand, and Auckland and Christchurch, New Zealand; and Sydney, Melbourne, and Brisbane, Australia, on the other hand. TWA intends to operate these services under a code-share arrangement with Air New Zealand.  By Notice of Action Taken dated March 31, 1998, confirmed by Order 98-6-2, in the above-captioned docket. the Department granted TWA exemption authority to serve Frankfurt- Germany, in addition to the markets that are the subject of this renewal notice. However, TWA states that it is not seeking to renew the Frankfurt, Germany, portion of its exemption since it has not instituted service to Frankfurt.

The joint application also seeks amendment of Air New Zealand's Statement of Authorization to allow it to display TWA's code on flights between, inter alia. New York and Chicago, on the one hand. and Nadi. Sydney, Auckland, and Melbourne, on the other hand. We will address that joint application contemporaneously by separate Department notice.

By: Paul Gretch

American Airlines, Inc., TWA Airlines LLC, and Trans World Airlines, Inc.

By: Susan McDermott

American Airlines, Inc., TWA Airlines LLC, and Trans World Airlines, Inc.

Order 2001-4-14 The Department reissues the certificates of public convenience and necessity issued to American Airlines, Inc., and/or TWA Airlines LLC by Order 2001-4-7 authorizing them to engage in interstate and foreign scheduled air transportation of persons, property, and mail. The transferred exemption, code-share, and frequency allocation authority listed in Attachment A to this order became effective on April 9, 2001

By: Susan McDermott

American Airlines, Inc., TWA Airlines LLC, and Trans World Airlines, Inc.

By: Susan McDermott

Trans World Airlines, Inc.

TWA Airlines LLC, under 49 USC 40109, hereby applies for renewal of its exemption authority to provide scheduled foreign air transportation of property and mail between Los Angeles, Honolulu, New York, and Chicago, on the one hand, and Auckland and Christchurch, New Zealand and Sydney, Melbourne and Brisbane, Australia, on the other hand, via Fiji. This authority was initially awarded to Trans World Airlines, Inc.; renewed by Notice of Action Taken in this docket on March 23, 2000; and transferred to TWA Airlines LLC by Order 2001-4-7, April 6, 2001, Attachment A, p. 3.

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

TWA Airlines LLC

United Air Lines, Inc. opposes renewal of the exemption of TWA Airlines LLC authorizing scheduled foreign air transportation between the U.S. and points in Australasia. TW/American seek to renew this exemption authority in order to continue placing the otherwise unused "TW" designator code of the defunct Trans World Airlines on foreign carrier flights operating in these international markets. American/TW engage in this sham practice solely to enable American to divert mail traffic from United and other U.S. carriers that the U.S. Postal Service would not tender to American if only its own designator code were used. United, therefore, opposes this renewal application, and urges the Department to direct American to cease the unfair practice of using the TW code for the purpose of carrying international mail.

Counsel:  United and Wilmer Cutler, Jeffrey Manley, 202-663-6670, jmanley@wilmer.com 

Trans World Airlines, Inc.

In its answer, United largely repeats the same arguments it made on December 27, 2001 in OST-1997-2240 with respect to renewal of American's underlying exemption authority for a codesharing arrangement with Qantas Airways Limited. American replied to United in that docket on January 8, 2002, and incorporates that reply herein by reference.

Clearly, the motive for United's filings are to enlist the Department in forcing the termination of the TWA/ANZ mail codeshare, thereby establishing an exclusive arrangement between United and Air New Zealand. The Department should decline to participate in such an anticompetitive scheme.

Under well-settled USPS mail tender procedures, foreign carriers authorized to display U.S. carrier codes may carry U.S. international mail. TWA Airlines LLC and Air New Zealand hold all necessary authority to engage in property and mail codesharing, which will continue so long as TWA remains a separately certificated carrier. If United has a complaint about USPS mail tender procedures, it should address that complaint to the USPS, and not to the Department.

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

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