OST-1998-3419
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OST-1998-3419
U.S.-Japan Combination Services
OST-98-3418 | OST-98-3419 | Posted and Served February 3, 1998
By this notice, we invite all US carriers interested in serving the US-Japan market, to file applications with the Department as set forth in this notice no later than February 10, 1998, to operate new services in the US-Japan market.
By: Charles Hunnicutt
1998 US-Japan Interim Frequency Allocation Proceeding / 1998 Japan Combination Services Proceeding
OST-98-3418 | OST-98-3419 | February 9, 1998
Motion of Hawaiian Airlines to Stay Procedural Dates
Because of Hawaiian's physical location, its route structure and its extensive and long history of experience with the Japanese market, Hawaiian, under the right circumstance, is able to mount an attractive and winning application for service to Japan from the mainland or Honolulu, either directly or on a code-share basis. But to do so requires some reasonable time period for an experienced and able, but limited staff, to respond in a thoughtful and organized manner.
Counsel: Dow Lohnes, Jonathan Hill, 202.776.2000
1998 US-Japan Interim Frequency Allocation Proceeding / 1998 Japan Combination Service Proceeding
Continental Airlines, Inc. and Northwest Airlines, Inc.
OST-98-3419 | February 10, 1998
Apply for authority necessary for Continental to offer codesharing service, on aircraft operated by Northwest, in the following mainland U.S.-Japan markets -- Detroit-Osaka, San Francisco-Tokyo, Detroit-Tokyo and Los Angeles-Osaka -- and on a blind-sector basis from points in the United States, via Tokyo, to Seoul, Korea, Singapore, and Bangkok, Thailand. Specifically: (1) the Joint Applicants request that the Department allocate them total of 28 weekly frequencies for mainland U.S.-Japan codesharing service and 21 weekly frequencies for beyond Japan codesharing service; and (2) Continental applies for a new or amended certificate of public convenience and necessity, authorizing Continental to provide scheduled foreign air transportation of persons, property and mail in these markets and to consolidate this authority with Continental's other exemption and certificate authority consistent with applicable international agreements. The Joint Applicants respectfully suggest award of the frequency allocation for an initial period of two years.
Counsel: Continental and Crowell Moring, Bruce Keiner and Northwest, Megan Rae Poldy
1998 US-Japan Interim Frequency Allocation Proceeding / 1998 Japan Combination Service Proceeding
OST-98-3419 | OST-96-1213 | OST-96-1199 | February 10, 1998
Continental and Continental Micronesia Jointly move the Department to consolidate Continental's application for Houston/Newark-Tokyo and Newark-Osaka authority (Docket OST-96-1213) and Continental Micronesia's application for additional Honolulu-Tokyo frequencies (Docket OST-96-1199) into the 1998 U.S.-Japan Combination Service Proceeding (Docket OST-98-3419) so they can be considered along with Continental Micronesia's application for Honolulu-Osaka certificate authority and the Joint Continental/Northwest application for authority to code-share on U.S.-Japan-beyond flights
Counsel: Continental and Crowell Moring, Bruce Keiner and Norhtwest, Megan Rae Poldy
1998 US-Japan Interim Frequency Allocation Proceeding / 1998 Japan Combination Service Proceeding
OST-98-3419 | February 10, 1998
Application of Continental Micronesia for a Certificate of Public Convenience and Necessty
Proposes to operate daily roundtrip service between Honolulu and Osaka with DC-10-30 aircraft configured with 18 Business First seats and 269 coach seats beginning in February 2000.
Exhibit 1: Proposed Japan Schedule
1998 US-Japan Interim Frequency Allocation Proceeding / 1998 Japan Combination Service Proceeding
Delta Air Lines, Inc.
OST-98-3419 | OST-97-2913 | February 10, 1998
Counsel: Delta and Shaw Pittman, Robert Cohn, 202-663-8060
1998 US-Japan Interim Frequency Allocation Proceeding / 1998 Japan Combination Service Proceeding
OST-98-3419 | February 10, 1998
Application of Hawaiian Airlines
Hawaiian seeks certificate authority authorizing it to provide nonstop, scheduled foreign air transportation of persons, property and mail between Maui, Hawaii, Kahalui Airport and Tokyo, Japan, Narita Airport. Hawaiian requests seven (7) frequencies per week for each service. Proposes to operate the service with DC-10-30 aircraft configured to seat 304 passengers, 34 first-class and 270 coach seats.
Counsel: Dow Lohnes, Jonathan Hill, 202-776-2000
OST-96-1121 | OST-98-3419
Motion to Consolidate and Application of Trans World Airlines
TWA requests that it receive the designation that is immediately available under the Memorandum of Consultations and a frequency allocation of seven weekly frequencies. TWA proposes to inaugurate nonstop St Louis-Tokyo service on June 1, 1999 with B-767-200ER aircraft, having a seating configuration of 25 first class and 152 coach seats.
Counsel: TWA and Richard Fahy, 202-457-4764
1998 US-Japan Interim Frequency Allocation Proceeding / 1998 Japan Combination Service Proceeding
OST-98-3419 | February 10, 1998
Application of US Airways for a Certificate of Public Convenience and Necessity
US Airways -- a new entrant in the U.S.-Japan market respectfully applies for a certificate of public convenience and necessity to operate Philadelphia-Tokyo (Narita), Pittsburgh-Tokyo (Narita), Charlotte-Tokyo (Narita) and Philadelphia-Osaka, Japan. The requested authority wilt be used to provide US Airways with the flexibility to code-share with American Airlines on Charlotte-Dallas/Ft. Worth-Tokyo (Narita) and Philadelphia-Dallas/Ft. Worth-Osaka; and with United Airlines on Charlotte-Los Angeles-Tokyo (Narita) and Pittsburgh-San Francisco-Tokyo (Narita). US Airways has reached agreement with American and United to offer code-sharing on these routes. United and American will operate the international segments, respectively. It is also US Airways' planning objective and goal directly to operate daily, year-round, nonstop scheduled Philadelphia-Tokyo (Narita) service commencing on or before January 1, 2000.
Counsel: US Airways and O'Melveny Myers, Donald Bliss, 202-383-5300
OST-98-3418 | OST-98-3419 | Served February 10, 1998
We have decided to deny Hawaiian's motions We fully discussed in our Notice the need for expedition with respect to the newly available U. S. -Japan authorities. Specifically, we noted that given that the new route opportunities became available upon the signing of the MOC, and the fact that "incumbent" U.S. and Japanese carriers could expand their U.S.Japan services immediately, expedited procedures were necessary to award the new rights promptly and to facilitate operations by other U.S. carriers as quickly as possible. Also, information about the potential availability of these new route opportunities was available during the negotiation process to all U. S. carriers and/or their representatives. Hawaiian has presented no arguments that convince us the overall public interest warrants delay in these dates.
By: Charles Hunnicutt
OST-98-3418 | OST-98-3419 | February 10, 1998
Answer of Delta Air Lines to Petition for Reconsideration
Hawaiian's Petition raises no issues that have not been thoroughly considered by the Department in the Notice denying Hawaiian's Motion. Contrary to Hawaiian's position, national transportation policy compels the expedited consideration of applications by non-incumbent carriers to utilize the new U.S.-Japan bilateral opportunities involving proposals to begin service this calendar year. As the Department correctly observed, the new route opportunities are available immediately and incumbent U.S. and Japanese carriers can expand their U.S.-Japan services without delay.
Counsel: Delta and Shaw Pittman, Robert Cohn, 202-663-8060
Hawaiian Airlines Petition for Reconsideration to the Secretary of Transportation
Hawaiian Airlines, Inc. herewith files this Petition for Reconsideration for the Secretary to review the denial of Hawaiian's request for a 20 day stay of procedural dates in the captioned dockets]/. Hawaiian's original request included alternative relief, that if the whole proceeding were not stayed, the selection of the carrier for the year 2000 be stayed.Hawaiian believes this Petition raises serious issues of national transportation policy indeed basic fairness to all carriers.
The issue presented is whether as a matter of policy smaller carriers are going to be given a reasonable opportunity to apply for and realistically compete with larger carriers when valuable and scarce bilateral rights become available. The problem is particularly acute in the present Japan Combination Service proceeding where many, if not most, of the carrier's seeking authority are already in the Japan market.
Counsel: Dow Lohnes, Jonathan Hill, 202-776-2000
1998 US-Japan Combination Service Proceeding / 1998 US-Japan Interim Frequency Allocation Proceeding
OST-98-3419 | OST-98-3418
Amendment No. 2 to Application of Delta Air Lines, Inc.
Delta hereby amends its applications in the above-captioned dockets to change the start-up date for its proposed Atlanta-Tokyo service to June 3, 1998.
Counsel: Shaw Pittman, Robert Cohn, 202.663.8060
Amended Application of Trans World Airlines
The grant of 28 weekly same-country code share frequencies to TWA to enable Delta and TWA to implement their code share proposal would maximize new entrant service and competitive benefits between the U.S. and Japan. An award to TWA will enable it to immediately inject new entrant competition between the U.S. and Japan, and to develop a market presence in Japan. Code sharing with Delta will enable TWA to offer St Louis online service to Japan immediately while it prepares for its inauguration of its St Louis-Narita nonstop service in 1999. TWA's traffic support will also be useful to Delta as it expands service in the Japan market The award will enhance Delta's traffic flow and strengthen its ability to be an effective competitor against the entrenched incumbent airlines, who have the ability to operate on a completely unrestricted basis under the new agreement with Japan. No other same- country code share proposal would produce such significant competition and market structure benefits.
Counsel: TWA and Richard Fahy, 202-457-4764, rfahy@ibm.net
1998 US-Japan Combination Service Proceeding
OST-98-3419 | Feburary 12, 1998
Motion of American Airlines to Strike Amended Application of Trans World Airlines (Same-Country Codesharing with Delta Air Lines, Inc.)
American relied on the deadline the Department established (and reiterated in denying Hawaiian's motion), and was under intense pressure to finalize its application and conclude its negotiations with US Airways with respect to the same-country codeshare services American and US Airways have proposed. It would be fundamentally unfair to allow TWA and Delta to flout the established deadline, and to submit a codeshare proposal only after they had an opportunity to review all of the applications that were timely filed. Indeed, on February 10, 1998, at the very moment that Delta was apparently in negotiations with TWA to submit a late application, Delta itself answered in opposition to Hawaiian's petition for reconsideration of the Department's stay denial.
Counsel: Carl Nelson, Jr., 202.496.5647
Motion of Hawaiian Airlines to Strike Amended Application of Trans World Airlines
The TWA application is in direct contravention of the Assistant Secretary's Order and, subject to a favorable ruling on Hawaiian's Petition for Reconsideration, TWA's amended application must be stricken. The granting of the relief requested by TWA would be manifestly arbitrary and unfair to all other applicants. If TWA is allowed to amend its application in this manner, Hawaiian will continue to negotiate code-share agreements with other potential participants and file its application when those negotiations are completed. At that time Hawaiian would expect its application to be accepted by the Department.
Counsel: Dow Lohnes, Jonathan Hill, 202-776-2000
Motion of Trans World Airlines, Inc. to Dismiss Application of US Airways
TWA hereby moves that the Department dismiss the Application, dated February 10, 1998, by US Airways for Philadelphia - Tokyo service and for authority to code share with American and United on Dallas/Ft. Worth - Tokyo, Dallas/Ft. Worth - Osaka, Los Angeles - Tokyo, and San Francisco - Tokyo routes. US Airways has blatantly disregarded the instructions of the Department in its Notice, dated February 3, 1998 with respect to the supporting information that must be included with applications for Japan authority. Since these requirements were not procedural niceties, but important substantive information needed by the Department to assess the merits of each proposal, US Airways' application should be dismissed.
Counsel: Richard Fahy, Jr., 202.457.4764
1998 US-Japan Interim Frequency Allocation Proceeding / 1998 US-Japan Combination Service Proceeding
Order 98-2-11 | OST-98-3418 | OST-98-3419 | Issued and Served February 13, 1998
By this order we deny the petition of Hawaiian Airlines for reconsideration of our decision of February 9, denying its request for a delay in the procedural dates in the above-captioned proceedings.
By: Charles Hunnicutt
1998 US-Japan Combination Service Proceeding
OST-98-3419 | February 13, 1998
Counsel: American, Carl Nelson, 202-496-5647
Answer of Associated Industries of Missouri
By: Chris Long, President, 573.634.2246
ORD-1 | ORD-2 | ORD-3 | ORD-4 | ORD-5 | ORD-6 | ORD-7 | ORD-8 | ORD-9 | ORD-10 | ORD-11 | ORD-12 | ORD-13 | ORD-14 | ORD-15 | ORD-16 | ORD-17
Counsel: Chicago and Winthrop Stimson, Kenneth Quinn, 202-775-9898
Consolidated Answer of Continental Airlines and Continental Micronesia
Answer of The Dallas/Forth Worth International Airport
DFW-1 | DFW-2 | DFW-3 | DFW-4 | DFW-5 | DFW-6 | DFW-7 | DFW-8 | DFW-9 | DFW-10 | DFW-11
Counsel: Bagileo Silverberg, Michael Goldman, 202-944-3305
Consolidated Answer of Delta Air Lines
Counsel: Delta and Shaw Pittman, Robert Cohn, 202-663-8060
Answer of The Georgia and Atlanta Parties
Consolidated Answer of The State of Hawaii
Counsel: Hawaii and Shaw Pittman, JE Murdock, 202-663-8382
Answer of Hawaiian Airlines to:
OST-98-3418 | OST-98-3419 | OST-96-1213
Counsel: Zuckert Scoutt, Raymond Rasenberger, 202-298-8660
Answer of Kansas City, Missouri
Counsel: Walter O'Toole, City Atty., 816.274.1111
1998 U.S.-Japan Combination Service Proceeding
1998 US-Japan Combination Service Proceeding
OST-98-3419 | February 20, 1998
Counsel: American, Carl Nelson, 202-486-5647
Consolidated Reply of The City of Chicago
Counsel: Chicago and Winthrop Stimson, Kenneth Quinn, 202-775-9898
Consolidated Reply of Continental Airlines and Continental Micronesia
Counsel: Continental and Crowell Moring, Bruce Keiner, 202-624-2615
Motion of Dallas/Fort Worth International Airport for Immediate Decision
Counsel: Bagileo Silverberg, Michael Goldman, 202-944-3305
Consolidated Reply of Delta Air Lines
Attachment: "Code-Sharing Deal Violates Deal, US Airways Pilots Say" - Dallas Morning News, Feb 17, 1998
Counsel: Delta and Shaw Pittman, Robert Cohn, 202-663-8060
Consolidated Reply of The State of Hawaii
Attachment: The Japan-Hawaii " Niche Leisure Market" Dwarfs the Size of The Philadelphia-Japan Market
Counsel: Hawaii and Shaw Pittman, JE Murdock, 202-663-8342
Consolidated Reply of Hawaiian Airlines
Counsel: Dow Lhones, Jonathan Hill, 202-776-2000
Reply of Massachusetts Port Authority
- Exhibit 9 - US-Japan Service Applications
- Exhibit 10 - Letter from Massachusetts Congressional Delegation
- Exhibit 11 - Letter from Governor Paul Celucci
- Exhibit 12 - Various Letters in Support
By: MASSPORT, Richard Cunion, 617-478-4152
Consolidated Reply of The Regional Business Partnership Newark
By: Samuel Crane, 973-242-6237
Consolidated Reply of Northwest Airlines
Counsel: Northwest, Megan Rae Poldy, 202-842-3193
Reply of The City of Philadelphia, Division of Aviation
Counsel: Galland Kharasch, Morris Garfinkle, 202-342-5200
Reply of Port of Portland to Answers to Applications for US-Japan Service
Counsel: Ball Janik, Bill Alberger, 202.783.6947
Reply of The St. Louis Parties
Counsel: Steptoe Johnson, Richard Taylor, 202-429-6459
Answer of TWA to Motion to Strike Amended Application
HTML | Numerous Civic Party Letters in Support
Counsel: TWA and Richard Fahy, 202-457-4764
Response of US Airways and Withdrawal of Application
Counsel: US Airways and O'Melveny Myers, 202-383-5300
U.S.-Japan Combination Service Proceeding
OST-98-3419 | February 23, 1998
The Dallas/Fort Worth motion is compelling, and should be granted by the Department forthwith. By doing so, the Department will allow for the prompt use of bilaterally negotiated rights, and provide the opportunity for U.S. communities to reap the maximum benefit from the new U.S.-Japan agreement.
Counsel: American, Carl Nelson, 202-496-5647, carl_nelson@amrcorp.com
Amends its Motion filed February 20, 1998 to the extent that the decision by U.S. Airways to withdraw its application for both code-share and direct service, made public after the filing of Hawaiian's Motion on the 20th, leaves no contestable issue as to Hawaiian's application for designation as the fifth carrier commencing service in the year 2000. Because of U.S. Airways withdrawal there is no other carrier applying for the fifth designation. Because of this fact, there is no reason to delay issuance of a final Order certifying Hawaiian as the fifth carrier.
Counsel: Dow Lohnes, Jonathan Hill, 202-776-2000
It is critical that the United States move as quickly as possible to implement these new rights. The Department made the correct beginning by authorizing pendente lite exemption authority for American, Continental and Delta to operate 7 frequencies each to Tokyo. Now, given the limited volume of applications for new services to Japan, the Department should quickly act to award all 64 frequencies applied for in l998.
Counsel: Ball Janik, Bill Alberger, 202-638-3307
1998 U.S.-Japan Combination Service Proceeding
OST-98-3419 | February 24, 1998
Answer of Delta Air Lines in Support of Motion Filed by Dallas/Fort Worth
For the reasons previously stated by Delta Air Lines, Inc. ("Delta") in its Consolidated Answer filed on February 17, 1998, and its Consolidated Reply filed on February 20, 1998, Delta strongly supports the Motion filed by the Dallas/Fort Worth International Airport ("DFW") for an immediate decision on the applications for U.S.-Japan authority proposing service in 1998. In support of this answer, Delta hereby incorporates by reference the arguments contained in the two Delta pleadings referenced above.
Counsel: Delta and Shaw Pittman, Robert Cohn, 202-663-8060
Motion of Northwest Airlines for an Immediate Decision Awarding Code-Share Frequencies
In short, the Department can achieve important aviation objectives and protect the integrity of the administrative process by dismissing TWA's application for gateway-to-gateway code-share frequencies and awarding all such frequencies to Continental and Northwest. It should do so right away.
Counsel: Northwest, Megan Rae Poldy, 202-842-3193
1998 U.S.-Japan Combination Service Proceeding
OST-98-3419 | February 27, 1998
Since there is no certainty that services proposed for 1998 would actually be operated in 1998, it would be particularly unfair to award certificate authority based solely on the fact that an untested proposal contains a 1998 startup date. American's application for JFK-Tokyo and Boston-Tokyo authority to institute service in 1998 is conditioned explicitly on the availability of slots at Tokyo, but DFW itself has said, "Other than the three new U.S.-Narita services planned by the three MOU carriers" pursuant to pendente life authority, "any additional new U.S.-Narita services will probably be delayed until the second runway at Narita is built sometime after the year 2000."
Counsel: Continental and Crowell Moring, Bruce Keiner, 202-624-2615
Answer of The State of Hawaii to Motion and Amended Motion of Hawaiian Airlines
With seven frequencies, Hawaiian would be able to offer a full pattern of daily service. If Hawaiian were only allowed to offer service three of four days a week, its services may be less appealing to busy Tokyo residents, who may be trying to work a quick getaway into a hectic schedule. Daily service is vastly preferable, and with 90 frequencies available, there is every reason for the Department to accommodate Hawaiian's modest request.
Counsel: Hawaii and Shaw Pittman, JE Murdock, 202-663-8342
1998 U.S.-Japan Combination Service Proceeding
OST-98-3419 | March 2, 1998
Answer of The Regional Business Partnership (Newark) Opposing Motion of Dallas/Fort Worth
If the Dallas/Fort Worth proposal to grant automatic rights to all applications for service in 1998 were adopted, the Newark-Osaka application would be denied an opportunity for a fair comparison with the 1998 service proposals made by other parties and there would be far fewer frequencies available to meet the requirements of Newark and other parties for services to commence after 1998.
By: Samuel Crane, 973-242-6237
1998 U.S.-Japan Combination Service Proceeding
OST-98-3419 | March 3, 1998
Answer of Delta Air Lines in Opposition to Motion of Northwest Airlines
Northwest's motion is outrageous. Northwest is, by far, the largest carrier, U.S. or Japanese, between the U.S. and Japan. It operates more service, serves more U.S. gateways, and holds more slots at Japanese airports than any other carrier. In fact, Northwest recently boasted that "Northwest has 316 weekly slots (take-off and landing positions) at Tokyo's Narita Airport and 142 slots at Kansai. Northwest holds more slots at Narita than any other carrier other than Japan Airlines and provides the most service between Osaka and the United States.... Northwest operates 145 weekly flights between the United States and Japan and carries about one out of every ten passengers who departs Japan by air. The airline boarded 1.6 million passengers in Japan during 1997." Northwest Press Release dated February 10, 1998.
Counsel: Delta and Shaw Pittman, Robert Cohn, 202-663-8060
1998 US-Japan Combination Service Proceeding
OST-98-3419 | March 4, 1998
Motion for Leave to File and Consolidated Reply of Dallas/Ft. Worth International Airport
Continental's opposition to grant of the 64 frequencies for new Japan services cannot be taken seriously while its partner, Northwest, argues for immediate grant of the 28 available same-country code-share frequencies to Continental. Despite the competing TWA/Delta application, Northwest argues that the Continental/Northwest code-share is "the only one that would make effective use of valuable bilateral rights," and should be authorized now. Continental can't have its cake and eat it too! It can't favor expedited procedures only for the new Japan rights.
Counsel: Bagileo Silverberg, Michael Goldman, 202.944.3305
1998 U.S.-Japan Combination Service Proceeding
OST-98-3419 | March 5, 1998
Answer of The St. Louis Parties to Motion of Northwest Airlines
The Northwest-Continental code sharing proposal raises issues relating to the overall partnership proposal of these carriers which should not be resolved arbitrarily by granting the instant motion.
Counsel: St. Louis and Steptoe Johnson, Richard Taylor, 202-429-6459
Answer of Trans World Airlines to Motions for Immediate Action
In contrast, an award to TWA/Delta will enhance competition. It will strengthen the operation of a MOU carrier by supporting its new service to secondary Japanese points, and will allow TWA, a new entrant, to provide a comprehensive service pattern to Japan. There can be no doubt that the TWA/Delta proposal is superior to Continental/Northwest, and that TWA should be awarded the available U.S.-Japan same-country code share frequencies.
Attachment: "Northwest, Continental Sign 'Pre-Nuptial' Agreement", Knight-Ridder Tribune, 2/15/98
Counsel: TWA and Richard Fahy, 202-457-4764, rfahy@ibm.net
1998 U.S.-Japan Combination Service Proceeding
OST-98-3419 | March 6, 1998
Joint Surreply of Continental and Continental Micronesia and Motion for Leave to File
If the Department is going to consider the DFW reply "in the interest of a complete record for the Department's consideration" despite the fact that most of the DFW reply simply repeats arguments already made, it should also consider this surreply and the attached article, written by DFW's counsel, which raises serious questions about most of DFW's arguments on reply.
Attachment: US-Japan Aviation: Partly Cloudy, Journal of Commerce, 2/26/98
Counsel: Continental and Crowell Moring, Bruce Keiner, 202-624-2615
US-Japan Combination Service Proceeding
OST-98-3419 | March 10, 1998
Rejoinder of the Dallas/Ft. Worth International Airport and Motion for Leave to File
Dallas/Fort Worth requests that if the Department considers Continental/Continental Micronesia's Surreply, it should also consider this rejoinder which seeks to correct the record. The Department should move promptly to grant Dallas/Fort Worth's Motion for Immediate Decision, and award 64 frequencies to American, Continental and Delta for new U.S.-Japan services proposed for start-up in 1998.
Attachment A - Northwest Cuts Hawaii-Japan Flight (c. The Associated Press)
Counsel: Bagileo Silverberg, Michael Goldman, 202.944.3305
1998 US-Japan Combination Proceeding
OST-98-3419 | March 12, 1998
[Editor's Note: What Follows is Full Text of Filing]
TWA hereby requests leave to file this Supplement to its Answer to Motions for Immediate Action as an otherwise unauthorized document in this proceeding. TWA filed its Answer on March 5, 1998 and discussed, inter alia, Northwest's control of 51.8% of the outstanding voting power of Continental. On the same date, Northwest filed an SEC Form 8K with the Securities and Exchange Commission reporting that it had acquired an additional 979,000 shares, and that it now held 57.8% of the outstanding common stock voting power of Continental.
The Governance Agreement, dated January 25, 1998, among Continental, Northwest, and another corporation was also amended to allow Northwest's voting power in Continental to exceed 50.1% of the fully diluted voting power of Continental's voting securities. A copy of a news report on the Northwest filing is attached hereto.TWA requests leave to file this Supplement and the attached document as an otherwise unauthorized pleading. It corrects TWA's Answer to reflect the most current information and will assist the Department in its consideration of the Continental application for code share frequencies.
Supplement - "Northwest Airlines Corporation of Deleware Files SEC Form 8K" (c. 1998 News Edge Corporation)
Counsel: Richard Fahy, 202.457.4764
1998 U.S.-Japan Combination Service Proceeding
OST-98-3419 | March 13, 1998
Continental refrained from answering Northwest's motion for an immediate decision awarding code-share frequencies for Continental/Northwest code-sharing between the U.S. mainland and Japan because the case for immediate action was so compelling prompt action granting the application should have been inevitable. The answers submitted by Delta, TWA and the St. Louis parties so distort the facts and the record in this proceeding, however, that Continental is now constrained to submit this reply so the Department will have a complete and accurate record before it when it acts on Northwest's motion.
Counsel: Continental and Crowell Moring, Bruce Keiner, 202-624-2615
Motion for Leave and Consolidated reply of Northwest Airlines
In their recent answers to Northwest's motion, Delta and TWA focus attention on the predictable, but unconvincing assertion that a Continental/Northwest code-share arrangement is anticompetitive. In fact, as explained in detail in prior Northwest filings, precisely the reverse is true. Code sharing between Continental and Northwest, a carrier with an extensive Japan/Asia system but a relatively limited domestic system, will strengthen competition against Japanese carriers with greatly expanded route rights and the U.S. megacarriers that are increasing services to Japan both on their own and as part of broader alliances.
Attachment: 13-D amendment 1 filed by Northwest on Continental, March 5, 1998
Counsel: Northwest, Megan Rae Poldy, 202-842-3193
1998 U.S.-Japan Combination Service Proceeding
Order 98-3-15 | OST-98-3419 | Issued and Served March 16, 1998
By this order, we have tentatively decided to (a) allocate 64 of the available 90 weekly frequencies available under the January 30, 1998 U.S.-Japan Memorandum of Consultations to American Airlines, Inc., Continental Airlines, Inc., and Delta Air Lines, I-nc., as set forth in this order; (b) authorize Trans World Airlines, Inc. to serve the St. Louis-Tokyo (Narita) market under the first new entrant opportunity and allocate it seven weekly frequencies for this service, (c) authorize Hawaiian Airlines, Inc., for services in the Maui-Tokyo (Narita) market commencing January 1, 2000, using the second new entrant opportunity and allocate it seven weekly frequencies for this service; and (d) allocate the 28 weekly frequencies for U S -Japan code-share services by U. S carriers equally to Trans World Airlines for its code-share services with Delta and to Continental for its code-share services with Northwest Airlines. We will afford interested parties ten days to object to our tentative decisions and seven calendar days for replies to any objections filed. Also, we have decided, by final action in this order, to allocate the 21 weekly frequencies available for beyond-Japan code-sharing services to Continental Airlines and Northwest Airlines for services beyond Japan to Seoul, Korea (or, alternatively. Taipei, Taiwan); Singapore; and Bangkok, Thailand.
By: Patrick Murphy
1998 U.S.-Japan Combination Service Proceeding / Continental Micronesia, Inc. (Honolulu-Tokyo)
OST-98-3419 | OST-96-1199 | March 19, 1998
Supplement Number Two to Application for Amendment of Frequency Allocation
Continental Micronesiat supplements its application for additional Honolulu-Tokyo frequencies, which has been consolidated into the 1998 U.S.-Japan Combination Service Proceeding, in light of the Department's determination that the "significant public need for rapid, maximum implementation of the new and valuable U.S.-Japan rights" to "take immediate advantage of the new competitive opportunities provided for in the" 1998 U.S.-Japan MOC justifies the immediate award of frequencies to be utilized in 1998 without normal comparative consideration procedures. (Order 98-3-15 at 7) Although Continental Micronesia believes the Department's procedures awarding frequencies on the basis of proposed start-up dates without full comparative consideration is unlawful and prejudicial, Continental Micronesia now has DC-10 aircraft available to expand Honolulu-Tokyo frequencies to operate five additional weekly flights on that route. Thus, Continental Micronesia supplements its application to change its proposed startup date to December 15, 1998 and to amend its proposed schedules.
Exhibit A: Proposed Japan Services
Counsel: Crowell Moring, Bruce Keiner, 202-624-2500
Continental Micronesia - (Notice of Action Taken)
OST-98-3419 | Filed January 21, 1996 and Supplemented March 19, 1998 | Action Taken March 23, 1998
We have decided that it is in the public interest to require that responses to Continental Micronesia's supplement be filed no later than March 26, 1998, the same date as objections to the Department's show-cause order. Parties may file such comments separately or include their comments in their response to Order 98-3-15. Answers to any responses to Continental Micronesia's supplement would be due April 3, the same date as answers to objections to Order 98-3-15. We believe that the slightly accelerated procedural date balances the needs of all interested parties to the proceeding, without prejudicing any party's right to a filll opportunity to respond to Continental Micronesia's supplement.
Applicant rep: R. Bruce Keiner, 202.624.2615
United Air Lines, Inc. and Northwest Airlines, Inc. - (Notice of Action Taken)
OST-98-3419 | Filed Respectively March 13, 1998 and March 19, 1998 | Action Taken March 23, 1998
After careful consideration, we have decided to set March 25, 1998, as the common answer date to both applications. Replies to any answers filed will be due March 27, 1998. The procedural schedule established balances the needs of all interested parties, without prejudicing any party's right to an adequate opportunity to respond to the United and Northwest applications.
Applicant reps: Jeffrev Manley for United, 202.637.9057; Megan Poldv for Northwest, 202.842.3193
1998 US-Japan Combination Service Proceeding / American Airlines / US-Tokyo/Osaka
OST-98-3419 | OST-96-1091 | 49527 | OST-96-1126 | March 24, 1998
Supplement No. One to Application of American Airlines
American urges the Department to grant American's request for one additional San Jose-Tokyo frequency to enable American to operate a daily pattern of service in this important market.
Counsel: Carl Nelson, Jr., 202.496.5647
1998 U.S.-Japan Combination Service Proceeding
OST-98-3419 | March 25, 1998
Amendment No. 3 to Application of Delta Air Lines
Delta's proposal to begin Honolulu-Tokyo service later this year would provide the only near-term new entrant competitor on the large and important Japan-Hawaii routes. Delta proposes to operate this service using 258 seat MD- l l aircraft.
Counsel: Delta and Shaw Pittman, Robert Cohn, 202-663-8060
Delta Air Lines Inc. - (Notice of Action Taken)
OST-98-3419 | Filed February 13, 1998 and amended March 25, 1998 | Action Taken March 25, 1998
We have decided to grant Delta's request for an accelerated procedural schedule to its amendment. As we stated in our decision with respect to the supplements filed by Continental Micronesia and American, the common response dates will facilitate our consideration of the revised applications, and our consideration of the U.S.-Japan proceeding in Docket OST-98-3419, without prejudicing any party's right to an opportunity to respond to the supplemented application. (Notices of Action Taken, dated March 23 and March 24, 1998). These same considerations also apply to Delta's revised application. Therefore, we will require that answers to American's March 24 supplement be filed no later than March 26, 1998, and that replies to any answers be filed no later than April 3, 1998. Parties may file such comments separately or include their comments in their responses to Order 98-3- 15. While we realize that the time period for answers is short, Delta has faxed its pleading to all parties to this proceeding and the supplement raises similar issues to those presented by the supplements filed by Continental Micronesia and American. In these circumstances, we found that the answer period provided would be sufficient for interested parties to comment on Delta's filing.
Applicant rep: Robert Cohn, 202.663.8060
1998 US-Japan Combination Service Proceeding
OST-98-3419 | OST-96-1091 | OST-96-1126 | OST-96-1199 | March 26, 1998
Comments of American Airlines in Support of Order 98-3-15
The Department was also correct in concluding the restricted-entry MOU carriers, like American, must be able to implement their new services promptly. Otherwise, the incumbent carriers -- which have unlimited rights to mount new U.S.Japan operations -- would further lengthen their lead in the marketplace, to the detriment of competition.
Counsel: American, Carl Nelson, 202-496-5647, carl_nelson@amrcorp.com
Objections and Consolidated Answer of Continental and Continental Micronesia
Since Continental and Continental Micronesia alone are seeking 16 frequencies for service starting after 1998, it is not "too early to say" sufficient numbers of frequencies will be unavailable. Clearly, they will not. Under these circumstances, the Department's decision to award authority based solely on start-up dates without full comparative consideration is unlawful, particularly when the result will be an award of large numbers of frequencies to American, JAL's partner, for Tokyo service at non-hub U.S. gateways and to Delta for small Japan markets.
Counsel: Continental and Crowell Moring, Bruce Keiner, 202-624-2615
Consolidated Response and Answer of The Dallas/Fort Worth International Airport
Dallas/Fort Worth supports grant of the American, Continental and Delta supplemental requests so long as such grants do not delay the prompt finalization of Order 98-3-15 by April 30, 1998. If additional requests for 1998 frequencies are filed, all post-Order 98-3-15 requests should be decided in a separate proceeding.
Counsel: Bagileo Silverberg, Michael Goldman, 202-944-3305
Consolidated Answer of Delta Air Lines to Amended Applications of American and Continental
In light of the high priority the Department has placed on the immediate implementation and utilization of the extremely valuable U.S.-Japan rights and the important public interest benefits that would result from such services, it makes eminent sense to limit consideration of the award of available frequencies to proposals involving service in 1998. The number of frequencies requested for 1998 services does not exceed the number of frequencies available under the U.S.-Japan MOU.
As a result of the Continental stock acquisition by Northwest Airlines, Inc., Continental is the alter ego of Northwest. Given Northwest's dominant incumbent position and its ability to serve any U.S.-Japan gateway-to-gateway and beyond market without restrictions, it would be untenable for the Department to award valuable non-incumbent carrier rights that will redound to Northwest's benefit.
Counsel: Delta and Shaw Pittman, Robert Cohn, 202-663-8060
Answer of The State of Hawaii to Supplement No 2 of Continental Micronesia
The State of Hawaii (the "State" or "Hawaii") strongly supports Supplement Number Two to the Application of Continental Micronesia, Inc. ("Continental Micronesia") filed on March 19, 1998, requesting the immediate allocation of five round trip frequencies between the U.S. and Japan in order to allow Continental Micronesia to implement new Honolulu-Tokyo service on December 15, 1998.
Answer of The State of Hawaii to Amendment No. 3 of Delta Air Lines
Counsel: Hawaii and Stephen Lachter, 202-862-4321
Answer by Massachusetts Port Authority
Massport supports DOT's tentative award of a Boston-Tokyo non-stop route to American Airlines and allocation of seven nonstop Boston-Tokyo authority to American Airlines. Massport urges that the Show Cause Order as it relates to Boston and the award of a Boston-Tokyo route and seven frequencies to American be made final immediately. DOT has often taken the step of making a Show Cause Order final within one or two days of the final date for comments. DOT is urged to use that procedure here so that American can proceed to prepare for the start of Boston-Tokyo non-stop service.
Exhibit 13 | Attachment: Letters in Support
By: MASSPORT, Charles Yelen, 617-418-4152
Objections of Northwest Airlines to Order 98-3-15
Requests that the Department reconsider its tentative decision regarding the U.S.-Japan same-country code-share frequencies and allocate all 28 of them to Continental and Northwest.
Counsel: Northwest, Megan Rae Poldy, 202-842-3193
The City of San Jose, California and the San Jose International Airport respectfully pray that the Department of Transportation will take immediate action and all steps necessary to grant American Airlines, Inc. the additional weekly frequency which it has requested to allow it to provide the required daily pattern of service between San Jose and Tokyo; and for such other and further relief consistent with the premises herein as may be found fit and in the public interest.
Counsel: Hewes Gelband, Theodore Seamon, 202.337.6200
Objections of Trans World Airlines
The Department cannot shut its eyes to the way companies actually operate, but should treat Northwest and Continental as a single economic entity. It must recognize that an award to Continental would allocate limited non-incumbent frequencies to the unrestricted carrier that already provides the most service between the U.S. and Japan.
Appendix A: Scheduled Service Between the US and Japan
Counsel: TWA and Richard Fahy, 202-457-4764, rfahy@ibm.net
1998 US-Japan Combination Service Proceeding
OST-98-3419 | March 20, 1998
Re: Order 98-3-15 - Reply of the Sierra Club, Mary Evanson, Maui Air Traffic Association, Steven Pitt, James Bendon, the National Audubon Society, Hut Alanui o Makena, Dana Naone Hall and Maui Malama Pono, Inc.
You may be familiar with the impacts of the brown tree snake on Guam. This problem could easily be transported to Maui through international flights. No adequate mitigation measures have been funded or included within the Kahului Airport Improvement Project which could diminish to acceptable levels the resulting adverse impacts.
Counsel: Isaac Hall, 808.244.6775
1998 U.S.-Japan Combination Service Proceeding
OST-98-3419 | April 2, 1998
Answer of American Airlines to Comments and Objections Re Order 98-3-15
Counsel: American, Carl Nelson, 202-496-5647, carl_nelson@amrcorp.com
Consolidated Answer of Continental Airlines and Continental Micronesia
Counsel: Continental and Crowell Moring, Bruce Keiner, 202-624-2615
Answer to Objections to Order 98-3-15 of the Dallas/Fort Worth International Airport
Counsel: Bagileo Silverberg, Michael Goldman, 202-944-3305
Answer of Delta Air Lines to Objections of Continental, Continental Micronesia and Northwest
Counsel: Delta and Shaw Pittman, Robert Cohn, 202-663-8060
Counsel: Hawaii and Shaw Pittman, JE Murdock, 202-663-8382
Answer of Hawaiian Airlines to Objections
Counsel: Hawaiian and Dow Lohnes, Jonathan Hill, 202-776-2000
Reply of The City of Houston and The Greater Houston Partnership
Counsel: Zuckert Scoutt, Raymond Rasenberger, 202-298-8660
Consolidated Answer of The Regional Business Partnership - Newark
By: Samuel Crane, 973-6237
Consolidated Reply of Northwest Airlines
Counsel: Northwest, Megan Rae Poldy, 202-842-3193
Reply of Port of Portland to Answers to Show Cause Order 98-3-15
Counsel: Ball Janik, Bill Alberger, 202-638-3307
Answer of The St. Louis Parties to Objections
Counsel: St. Louis and Steptoe Johnson, Richard Taylor, 202-429-6459
Answer of Trans World Airlines to Objections
Counsel: TWA and Richard Fahy, 202-457-4764, rfahy@ibm.net
1998 U.S.-Japan Combination Service Proceeding
OST-98-3419 | April 3, 1998
Reply of Continental Micronesia (OST-96-1199)
Continental Micronesia urges the Department to grant Continental Micronesia's request for five additional Japan frequencies so it can commence five additional weekly Honolulu-Tokyo flights on December 15, 1998.
Counsel: Continental and Crowell Moring, Bruce Keiner, 202-624-2615
Consolidated Reply of The City of San Jose and San Jose International Airport
American's Comments in response to and in support of Order 98-3-15 applauds the Department's tentative decision to grant all 1998 proposals on an immediate basis, and without imposing burdensome, time-consuming, and unnecessary procedures that would delay prompt implementation of new route rights under the landmark U.S.-Japan agreement concluded in January". American urges the Department to promptly finalize the award of all U.S.-Japan applications proposing service in 1998 in order to achieve maximum benefits under the liberalized U.S.-Japan agreement.
Counsel: Hewes Gelband, Theodore Seamon, 202-337-6200
1998 US-Japan Combination Services Proceeding
OST-98-3419 | April 7, 1998
Motion for Leave to File an Otherwise Unauthorized Document - Sierra Club, Mary Evanson, Maui Air Traffic Association, Steven Pitt, James Bendon, the National Audobon Society, Hui Alanui o Makena, Dana Naone Hall and Maui Malama Pono, Inc.
The State of Hawaii filed and served by facsimile on April 2, 1998 an Answer to our objections. Hawaiian Airlines, Inc. filed an Answer to these objections which was transmitted by facsimile on April 3, 1998.Both of these Answers are wrong, sometimes in egregious fashions, with respect to the applicable facts and law. This tentative order should not be made final until a Consolidated Reply has been filed to these two Answers explicating the errors of fact and law contained within the Answers of the State of Hawaii and Hawaiian Airlines, Inc.
The Kahului Airport is not yet an International Airport. First, its main runway is too short for international flights to and from Japan. The EIS claims that there will be no international passengers arriving or departing from the Kahului Airport until the year 2010. International passengers are defined as those who are processed through federal inspection services (immigration and customs) and does not include pre-cleared international passengers. A State Court Order is now in effect and enforceable against the State of Hawaii directly and the United States Department of Transportation indirectly by virtue of its partnership with the State of Hawaii in this EIS and project.
The introduction of alien species is just one of many concerns of the Sierra Club et al. arising from the internationalization of the Kahului Airport. Where the State of Hawaii and Hawaiian Airlines, Inc. derive the notion that the only alien species introductions of concern to the Sierra Club et al. is the brown tree snakes from Guam is not divulged. The Sierra Club et al. are and have always been concerned about alien species introductions from international flights from Tokyo Marital as well as all other international locations.
Exhibit A - "Hawaiian applies to fly Japan to Maui, direct" (c. The Maui News, Feb. 13, 1998, p.1)
Counsel: Isaac Hall, 808.244.9017
1998 U.S.-Japan Combination Service Proceeding
OST-98-3419 | April 16, 1998
Answer of Hawaiian Airlines to Motion for Leave to File an Otherwise Unauthorized Document
How Hawaiian chooses to operate out of Maui Airport, when the proposed Show Cause Order is made final, will depend on the status of the airport improvements that are presently contemplated to be made. As Hawaiian has stated in its original Answer in this proceeding, it may choose to operate from Maui Airport via Honolulu with DC-10's with a technical stop in Honolulu, west bound and nonstop east bound. What Hawaiian's ultimate decision on these issues will be depends in large part upon the status of the airport and the business environment at the time the service is scheduled to begin in the year 2000.
Counsel: Dow Lohnes, Jonathan Hill, 202-776-2000
1998 U.S.-Japan Combination Service Proceeding
OST-98-3419 | April 17, 1998
Motion for Leave to File and Surreply of The State of Hawaii
Contrary to the Sierra Club's contention, the airport's runway is long enough to accommodate arrivals from international points, including points in Japan, with or without the proposed runway extension. Existing carriers can also serve Kahului from all locations with an intermediate stop in Honolulu. Only long-range nonstop heavyweight departures from Kahului with certain aircraft are problematic. Furthermore, the EIS found that "an international air carrier operating B747 series aircraft into Kahului should (currently] be able to fly directly to Tokyo with almost full loads of passengers and baggage . . . " EIS at 8-8. A DC- 10 operator, such as Hawaiian, could operate nonstop inbound from Tokyo and return via Honolulu.
Counsel: Hawaii and Shaw Pittman, JE Murdock, 202-663-8382
1998 US-Japan Combination Service Proceeding
OST-98-3419 | April 29, 1998
Motion for Leave to File a Supplemental Reply to the Surreplies of the State of Hawaii and Hawaiian Airlines, Inc. - Supplemental Reply of The Sierra Club, Mary Evanson, Maui Air Traffic Association, Steven Pitt, James Bendon, the National Audubon Society, Hui Alanui o Makena, Dana Naone Hall and Maui Malama Pono, Inc.
If the EIS is to play any role at all in the decision-making process, if the serious environmental concerns raised in this case are to be given any weight at all in the planning and fashioning of this project, all federal participation in the project itself, with the exception of work and funding necessary to accomplish the preparation of an EIS, must be suspended until that EIS can be prepared and filed. Federal "participation" is defined for purposes of this Order to include any decision-making or facilitating role in the project. The Government may not fund the project, process permit applications or issue permits, or participate in inner agency meetings in such a way as to further development of the project. (Emphasis added.) C. Arguing the Adequacy of the EIS is Premature Both the State of Hawaii and Hawaiian Airlines, Inc. argue that the EIS is adequate. This argument is premature and is only applicable to EISs which have been completed. This one has not. D. Hawaiian Airlines Depends on a Longer Runway The argument of the State of Hawaii that Hawaiian Airlines, Inc. does not need a longer runway is directly contradicted by the statements of Hawaiian Airlines attached as Exhibit "A" to our initial Consolidated Reply which clearly indicates that the runway must be longer and that Customs and other facilities must be in place prior to the institution of the Japan to Maui service.
Counsel: Isaac Hall, 808.244.9017
1998 US-Japan Combination Service Proceeding
OST-98-3419 | May 12, 1998
Opposition of Hawaiian Airlines, Inc. to Motion for Leave to File a Supplemental Reply
Hawaiian Airlines, Inc. ("Hawaiian") hereby opposes the Motion filed by the Sierra Club et al. ("Sierra Club") for Leave to File a Supplemental Reply to the Surreplies of the State of Hawaii and Hawaiian. The Department should summarily deny the Sierra Club's motion because it is procedurally improper, it raises no new issues of law or fact, and it simply rehashes arguments made multiple times by the Sierra Club in two prior pleadings." The Sierra Club's latest effort plainly contributes nothing new to Department's considerations of the public interests at issue in this proceedings. Should the Department nevertheless grant the Sierra Club's unwarranted motion, Hawaiian requests consideration of its brief response.
Counsel: Dow Lohnes, Jonathan Hill, 202.776.2000
Order 98-5-17 | OST-98-3419 | Issued May 12, 1998 | Served May 18, 1998
By this order, we make final as discussed below our tentative findings and conclusions in Order 98-3-15 regarding the award of new authority to Japan. In addition, we award certain additional authority consistent with the policies that guided our tentative decision.
By: Patrick Murphy
August 11, 1998
This is to advise you that Delta and TWA will not implement the code share authority granted to them in the 1998 U.S.-Japan Combination Service Proceeding, Order 98-5-17.
By: Richard Fahy, Jr., for TWA, Shaw Pittman, Katherine Aldrich for Delta
1998 U.S.-Japan Combination Service Proceeding
| OST-98-3419 | October 26, 1998 | Motion of Hawaiian Airlines for Issuance of Final Order | US-Japan Combination |
Pursuant to the Memorandum and the Action Plan various agencies of the Federal and State Governments will be actively involved in a variety of efforts to implement the Action Plan at Kahului Airport. Hawaiian wishes to inform the Department that it is prepared to cooperate with those agencies in those efforts outlined in the Action Plan to control alien species at the airport. The Company has reviewed both the Action Plan and the Memorandum and is prepared to implement those action outlined therein, that are reasonably related to the Action Plan and that are relevant to an air carrier operating at Kahului Airport.
Counsel: Dow Lohnes, Jonathan Hill, 202-776-2725
1998 Japan Combination Service Proceeding
| OST-98-3419 | Nvoember 4, 1998 | Answer of The State of Hawaii | 1998 US-Japan Combination |
At the time the Department issued its Show Cause Order, the airport at Kahului, Maui was in the final stages of an FAA environmental review of proposed airport improvements, in particular a runway extension. On September 2, 1998, the FAA issued a Record of Decision on the Kahului Airport's Proposed Master Plan Improvements. The ROD includes a Memorandum entitled "Federal-State Alien Species Action Plan for the Kahului Airport Maui, August 1998" that sets forth the extraordinary efforts that the State of Hawaii and various federal agencies will undertake in order to control alien species at the airport.
Hawaiian states that it has reviewed this Action Plan, is prepared to cooperate with all the appropriate agencies and will implement the measures outlined in the Action Plan that are relevant to air carrier operations at Kahului.
Counsel: Hawaii and Shaw Pittman, Robert Cohn, 202-663-8342
1998 U.S.-Japan Combination Service Proceeding
Counsel: Issac Hall, 808-244-9017
1998-Japan Combination Service Proceeding
| OST-98-3419 | November 18, 1998 | Opposition of Hawaiian Airlines, Inc. to Motion for Leave to File an Otherwise Unauthorized Document | 1998 US-Japan Combination |
| Service List |
Hawaiian Airlines, Inc. ("Hawaiian") hereby opposes the Motion filed by the Sierra Club et. al. ("Sierra Club") for Leave to File an Otherwise Unauthorized Document and its Memorandum in Opposition to Motion of Hawaiian Airlines. The Department should summarily deny the Sierra Club's motion because it is procedurally improper in that no explanation isoffered to support the movant's failure to file in a timely manner, it raises no new issues of law or fact, and it simply rehashes arguments made multiple times by the Sierra Club in two prior pleadings. The Sierra Club's latest effort plainly contributes nothing new to the Department's considerations of the public interests at issue in this proceedings.
Counsel: Dow Lohnes, Jonathan Hill for Hawaiian Airlines, 202.776.2000
1998 U.S.-Japan Combination Service Proceeding
| OST-98-3419 | Nvoember 19, 1998 | Motion for Leave to File and Reply of The State of Hawaii | US-Japan Combination |
The DOT's award of economic authority is an independent issue, totally separate and apart from the construction of any runway or related facility at any airport. In fact, in the instant proceeding, the existing facilities (prior to the NEPA review) would have allowed operation of Hawaiian's proposed service. Moreover, the Department has already made a tentative decision that such service is in the public interest. Hawaiian is simply requesting that DOT finalize that decision.
Counsel: Hawaii and Shaw Pittman, Robert Cohn, 202-663-8342
Delta Air Lines, Inc.
| OST-98-3419 | December 21, 1998 | Request for a Waiver | Portland-Osaka - Waiver of Dormancy Condition |
| Service List |
As the Department is well aware, the economic downturn affecting numerous countries in Asia, including Japan, has had a significant impact on international trade between the United States and these nations. Due to these changed economic conditions, Delta delayed the inauguration of its Portland-Osaka service until the summer of 1999. Delta remains committed to providing service on this new route to Japan and to continue the development of Portland as a premier west coast gateway for service to Asia.' Delta has firm plans to implement nonstop service between Portland and Osaka in June 1999. Accordingly, Delta requests that the revised 90-day dormancy condition run from June 30, 1999.
Counsel: Delta and Shaw Pittman, Robert Cohn, 202-663-8060
| OST-98-3419 | December 23, 1998 | Application for a Waiver | New York-Tokyo and Boston-Tokyo - Dormancy condition |
| Service List |
American Airlines, Inc. hereby applies for a waiver of the 90-day dormancy condition applicable to its allocation of frequencies to provide daily nonstop service between New York and Tokyo and between Boston and Tokyo, awarded by Order 98-5-17, May 18, 1998 in the 1998 U.S.-Japan Combination Service Proceeding. American requests that the dormancy condition for these two routes be waived until such time as American has been able to secure the slots it requires at Tokyo's Narita
Counsel: American, Carl Nelson, Jr., 202.496.5647
| OST-98-3419 | December 23, 1998 | Answer of American Airlines | Portland-Osaka - Dormancy Condition |
American Airlines, Inc. hereby answers the application submitted on December 21, 1998 by Delta Air Lines, Inc. for a waiver of the dormancy condition applicable to its Portland--Osaka frequency allocation. American does not object to Delta's request, provided that American's similar request in this docket, submitted today, seeking a waiver of the dormancy condition applicable to American's New York-Tokyo and Boston Tokyo frequency allocation, is also granted.
Counsel: Carl Nelson, Jr., 202.496.5647
| OST-98-3419 | January 8, 1999 | Application for a Waiver | 90-Day Dormancy Condition Service between Honolulu and Tokyo |
| Service List |
Continental Micronesia applies for a waiver of the 90-day dormancy condition applicable to its allocation of five weekly frequencies for service between Honolulu, Hawaii, and Tokyo, Japan, awarded in the 1998 U.S.-Japan Combination Service Proceeding. Continental Micronesia asks that the dormancy condition for its Honolulu-Tokyo frequencies be waived until such time as Continental
Counsel: Crowell & Moring LLP, R. Bruce Keiner, Jr., 202.624.2615, rbkeiner@cromor.com
1998 U.S.-Japan Combination Service Proceeding
| OST-98-3419 | January 21, 1999 | Memorandum of DOT | 1998 US-Japan Combination Service Proceeding |
Memorandum of the Office of General Counsel submitting the Memorandum of Understanding (MOU) regarding the Prevention of Alien Species Introduction through the Kahului Airport among the U. S. Department of Transportation, U.S. Department of the Interior, U.S. Department of Agriculture, Hawaii Department of Transportation, Hawaii Department of Agriculture, Hawaii Department of Land and National Resources, and the Hawaii Department of Health
By: DOT, Office of International Law
| OST-98-3419 | Filed December 23, 1998 Issued January 28, 1999 |
Notice of Action Taken | New York/Boston-Tokyo Dormancy |
By Order 98-5-17, the Department granted certificate authority to American to provide service between New York and Tokyo and between Boston and Tokyo, and allocated it a total of fourteen weekly frequencies to operate seven weekly frequencies in each market. The frequencies are subject to the condition that they will expire automatically and revert to the Department for reallocation if they are not used for a period of 90 days. Under the terms of the order, the frequency allocation would expire January 30,1999, 90 days after American's proposed start-up date of November 1, 1998. American has requested that the dormancy condition be waived until the necessary slots at Tokyo's Narita Airport are available for the inauguration of its service in these two markets.
By: Paul Gretch
| OST-98-3419 | Filed January 8, 1999 Issued January 28, 1999 |
Notice of Action Taken | Honolulu-Tokyo Dormancy |
By Order 98-5-17, the Department allocated Continental Micronesia five weekly frequencies to operate service between Honolulu and Tokyo. The frequencies are subject to the condition that they will expire automatically and revert to the Department for reallocation if they are not used for a period of 90 Days. Under the terms of the order, the frequency allocation would expire March 15, 1999, i.e. 90 days after Continental Micronesia's proposed start-up date of December 15, 1998. Continental Micronesia has requested that the dormancy condition be waived until the necessary slots at Tokyo's Narita Airport are available for the inauguration of its service.
By: Paul Gretch
| OST-98-3419 | Filed December 21, 1998 Issued January 28, 1999 |
Notice of Action Taken | Portland-Osaka Dormancy |
By Order 98-5-17, the Department granted certificate authority to Delta to provide service between Portland and Osaka, and allocated it seven weekly frequencies for this service. The frequencies are subject to the condition that they will expire automatically and revert to the Department for reallocation if they are not used for a period of 90 days. Under the terms of the order, the frequency allocation would expire January 26, 1999, net 90 days after Delta's proposed start-up date of October 28, 1998. Delta seeks a waiver of the Heyday dormancy condition through June 30, 1999, stating that economic conditions in Asia make it necessary to delay inauguration of its service. Delta states that it now plans to begin service between Portland and Osaka in June 1999.
By: Paul Gretch
Trans World Airlines, Inc.
| OST-98-3419 | February 17, 1999 | Application for a Waiver | Waiver of the Dormancy Condition Applicable to its St. Louis-Tokyo Frequency Allocation |
| Service List |
TWA had hoped to start service on the route on June 1, 1999. as it initially proposed. However, its attempts to acquire slots at Narita for the proposed service were unsuccessful. Moreover, the downturn in the Asian economies has had a significant impact on international trade between the United States and Japan and the Far East. Due to the changed economic conditions, and its inability to acquire the necessary slots, TWA has determined that it will not be feasible to institute St. Louis-Tokyo service as originally planned.
Counsel: TWA and Richard Fahy, 703-684-4422, rfahy@ibm.net
| OST-98-3419 | February 25, 1999 | Answer of the St. Louis Parties | St. Louis - Tokyo |
As the Department is well aware, TWA has done a tremendous job of improving its operation and financial status. Its outstanding management and employee owners are literally performing a miracle. It is also recognized that more needs to be achievecl. The carrier has a compelling need for increased revenue, particularly in the international area. A St. Louis-Tokyo service would add major strength to TWA's operations and give it the Pacific presence it has long needed. TWA in 1996 celebrated its 50th year as a pioneer in the transatlantic market. It: is one of the great historic names in the international arena. It would be very fitting to recognize this long time effort by preserving the St. Louis-Tokyo award and giving the carrier the Pacific access it so clearly merits. For the reasons set forth in this answer, the St. Louis Parties respectfully urge the Department to grant TWA's St. Louis-Tokyo waiver application.
Counsel: Steptoe & Johnson, LLP, Richard Taylor, 202.429.6459
Delta Air Lines, Inc.
| OST-98-3419 | March 3, 1999 | Request for a Waiver | Honlolulu-Tokyo Frequency Allocation Dormancy Waiver |
| Service List |
Delta has been unable, however, to secure Narita slots to institute new Honolulu-Tokyo service using these frequencies. The frequency allocation is subject to the condition that the frequencies will revert automatically to the Department for reallocation if they are not used for a period of 90 days. Thus, under the terms of the Order, Delta's frequency allocation would terminate if Delta does not commence Honolulu-Tokyo service by March 15, 1999, 90 days after December 15, 1998, which was the start-up date initially proposed by Delta.
Counsel: Delta and Shaw Pittman, Robert Cohn, 202-663-8060
| OST-98-3419 | Filed February 17, 1999 Issued March 5, 1999 |
Notice of Action Taken | St. Louis-Tokyo Waiver from Dormancy Condition |
By Order 98-5-17, the Department granted certificate authority to Trans World to provide service between St. Louis and Tokyo and allocated it a total of seven weekly frequencies to operate this service. The frequencies are subject to the condition that Hey will expire automatically and revert to the Department for reallocation if they are not used for a period of 90 days. Under the terms of the order, the frequency allocation would expire August SO, 1999, i.e. 90 days after Trans World's proposed start-up date of June 1, 1999. Trans World has requested that the dormancy condition be waived until June 1, 2000, because the required slots at Tokyo's Narita Airport are not available now for the inauguration of its service. Furthermore, Trans World states that the economic conditions in Asia make it necessary to begin its service during the next peak season. The 90-day dormancy period will begin June 1, 2,000, or the date on which Trans World begins service in the St. Louis-Tokyo market, whichever occurs earlier.
By: Paul Gretch
| OST-98-3419 | Dated March 9, 1999 Docketed March 10, 1999 |
Waiver of Dormancy Condition Applicable to its Honolulu-Tokyo Frequency |
1998 U. S. - Japan Combination Service Proceeding (Honolulu-Tokyo Frequency) |
Letter of carriers that were served with the above-referenced request filed by Delta on
March 3, 1999 have advised us
that they have no objections. Delta urges the Department to grant a waiver of the Dormancy
condition before March
15, 1999.
Counsel: Shaw Pittman, Robert Cohn, 202-663-8060
| OST-98-3419 | March 10, 1999 | Answer of The State of Hawaii | 1998 U. S. - Japan Combination Service Proceeding (Honolulu-Tokyo Frequency) |
As Hawaii's prior pleadings in this docket demonstrate, Hawaii has repeatedly articulated the need for additional nonstop Honolulu-Tokyo service. Although Delta was awarded the authority to operate such service, it has been unable to secure the Narita slots necessary to implement this important new service so important to the economic future of Hawaii. By awarding Delta the authority to operate Honolulu-Tokyo service, the Department has already determined that such service is in the public interest. In light of the continuing slot problems at Narita, Delta's request for a six month waiver of the dormancy provision is warranted. Failure to grant Delta's request would result in the termination of Delta's frequency allocation, a result contrary to the tourism, trade and commercial needs of Hawaii.
Counsel: Hawaii and Shaw Pittman, JE Murdock, 202-663-8342
| OST-98-3419 | Filed March 3, 1999 Issued March 12, 1999 |
Notice of Action Taken | Honolulu-Tokyo Waiver of Dormancy Condition |
By: Paul Gretch
1998 US-Japan Combination Service Proceeding
| Order 99-4-4 OST-98-3419 |
Issued March 29, 1999 Served April 9, 1999 |
Final Order | 1998 US-Japan Combination Service |
| Attachment: Terms, Conditions and Limitations for Hawaiian Airlines, Route 782 |
We therefore find that the Sierra Club Parties have failed to provide a basis for us to alter our tentative conclusions reached in Order 98-3-15, and that it is in the public interest to designate Hawaiian under the U.S.-Japan Agreement effective January 1, 2000, to grant Hawaiian certificate authority for Maui-Tokyo service, and to allocate to Hawaiian seven weekly frequencies under the U.S.-Japan Agreement in order to operate that service.
American Airlines, Inc.
| OST-98-3419 | August 30, 1999 | Application for Extension of Dormancy Waiver | Waiver from Dormancy Condition - New York/Boston-Tokyo |
| Service List |
Despite continuing efforts, American has been unable to obtain sufficient Narita slots to operate New York/BostonTokyo services. Accordingly, for all the reasons stated in American's initial waiver application, which we incorporate by reference herein, the Department should, extend the waiver. Failure to grant the requested relief would result in the termination of American's New York/Boston-Tokyo frequency allocation, the award and operation of which the Department has already found to be in the public interest.
Counsel: American Airlines, Carl Nelson, 202.496.5647, carl_nelson@amrcorp.com
| OST-98-3419 | September 3, 1999 | Application for Extension of Dormancy Waiver | Portland- Osaka, Honolulu- Tokyo, Portland- Fukuoka |
| Service List |
Due to unfavorable economic conditions affecting trade between the United States and Japan, Delta did not inaugurate Portland-Osaka service. Delta previously received a waiver of the dormancy condition applicable to its seven Portland-Osaka frequencies. See Notice of Action Taken dated January 28, 1999. Unless Delta receives an extension of this waiver, the frequencies will automatically expire on September 28, 1999. Thus, in order to maintain the ability to provide Portland-Osaka service, Delta respectfully requests that a new or extended waiver be granted no later than September 27, 1999. Delta has been unable to secure Narita slots to institute new Honolulu-Tokyo service using the six frequencies allotted for this route. For this reason, the Department granted Delta a waiver of the dormancy condition with respect to these frequencies. See Notice of Action Taken dated March 12, 1999. Delta is still unable to secure the necessary Narita slots for Honolulu-Tokyo service and hereby requests an extension of the dormancy waiver. Absent an extension of the waiver, the six frequencies would automatically expire on December 14, 1999. Delta started daily service between Portland and Fukuoka on October 29, 1998. Due to the continued economic weakness in Asia, Delta has sustained losses on this route, and will suspend the service on October 1, 1999.
Counsel: Shaw Pittman, Robert Cohn, 202.663.8060, robert.cohn@shawpittman.com
| OST-98-3419 | September 15, 1999 | Application for Extension of Dormancy Waiver | Honolulu- Tokyo |
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Extension of Continental Micronesia's dormancy waiver is in the public interest. Extension of the waiver will allow Continental Micronesia to institute its new Honolulu-Tokyo service as soon as it succeeds in obtaining the required slots at Narita Airport. When the Department initially awarded Continental Micronesia the frequency allocation, it determined that Continental Micronesia's proposed service is in the public interest. The same considerations remain applicable here. When instituted, Continental Micronesia's nonstop Rights between Honolulu and Tokyo will provide the travelling public with convenient new U.S. -Japan service, and they will constitute an effective use of the valuable U.S.-Japan route rights available under the bilateral aviation agreement. Despite its best efforts, though, Continental Micronesia has been unable to secure the Narita slots it requires to initiate service.
Counsel: Crowell Moring, Bruce Keiner, 202.624.2615
| OST-98-3419 | September 15, 1999 | Answer of American Airlines | Portland- Osaka, Honolulu-Tokyo, Portland- Fukuoka |
On August 30, 1999, American submitted a similar application in this docket for dormancy waivers concerning American's New York/Boston-Tokyo frequency allocation. In its application, American stated that, despite continuing efforts, it has been unable to obtain sufficient Narita slots to operate New York/Boston-Tokyo services. American requested waivers for an indefinite term, but stated that if the Department determines to limit relief to a defined calendar period, the 90-day dormancy period should begin to run on January 31, 2000. In these circumstances, American has no objection to Delta's request, provided that (1) American's waiver application is also granted, and (2) the Department establishes the same dormancy period for both carriers.
Counsel: American, Carl Nelson, 202.496.5647, carl_nelson@amrcorp.com
| OST-98-3419 | Filed August 30, 1999 Issued September 27, 1999 |
Notice of Action Taken - American Airlines | New York/Boston-Tokyo Dormancy |
By Order 98-5-17, the Department granted certificate authority to American to provide service between New York and Tokyo and between Boston and Tokyo, and allocated it a total of fourteen weekly frequencies to operate seven weekly frequencies in each market. The frequencies are subject to the condition that they will expire automatically and revert to the Department for reallocation if they are not used for a period of 90 days. Under the terms of the order, the frequency allocation would have expired January 30, 1999, i.e. 90 days after American's proposed start-up date of November 1, 1998. However, on January 28, 1999, the Department granted American a waiver from the dormancy condition. Under the terms of that waiver, American's frequency allocation would automatically expire if American did not begin service by the end of the current 90-day dormancy period that began on July 30, 1999, i.e. October 28, 1999. American has requested a further waiver from the dormancy condition so that the 90-day dormancy period would not begin until the necessary slots at Tokyo's Narita Airport are available for the inauguration of its service in these two markets. If the Department does not grant the waiver for an indefinite duration, American requests that the waiver be granted for a period of at least six months.
By: Paul Gretch
| OST-98-3419 | Filed September 3, 1999 Issued September 27, 1999 |
Notice of Action Taken - Delta Air Lines | Honolulu-Tokyo Dormancy Portland-Fukuoka Dormancy |
By Order 98-5-17, the Department granted certificate authority to Delta to provide service in the following markets and allocated frequencies for each service: 7 weekly frequencies for Portland-Osaka; 6 weekly frequencies for Honolulu-Tokyo; and 7 weekly frequencies for Portland-Fukuoka. The frequencies are subject to the condition that they will expire automatically and revert to the Department for reallocation if they are not used for a period of 90 days. The Department previously granted waivers to extend the start-up dates in the Portland-Osaka and the Honolulu-Tokyo markets. ' Under the terms of the original award or the subsequent waivers, the frequency allocations would expire as follows: the Portland-Osaka market on September 28, 1999; the Honolulu-Tokyo market on December 14, 1999; and the Portland-Fukuoka market on December 30, 1999, i.e. 90 days after Delta's proposed suspension of this service on October 1, 1999. Delta seeks a waiver of the 90-day dormancy condition for each market for an indefinite period or, alternatively, at least until December 30, 2000. It states that economic conditions in Asia make it necessary to continue to delay the inauguration of its Portland-Osaka service and to suspend its Portland-Fukuoka service. Furthermore, it states that slots at Tokyo's Narita Airport are still not available to inaugurate its Honolulu-Tokyo service.
By: Paul Gretch
| OST-98-3419 | Filed September 15, 1999 Issued September 30, 1999 |
Notice of Action Taken | Honolulu-Tokyo Dormancy |
By: Paul Gretch
1998 U.S.-Japan Combination Service Proceeding
| OST-98-3419 | December 15, 1999 | Application of Hawaiian Airlines for Extension of Start-Up Date and Waiver of Dormancy Requirements | U.S.-Japan Combination |
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Hawaiian applied for slots to operate that service at Narita Airport and was denied
slots by the Narita Slot Coordinator based on the fact that no additional slots have been granted for operations at Narita by Japan’s Ministry of Transportation. Additionally, due to the current economic conditions in Asia, the proposed service by Hawaiian that is based upon Asian originating traffic is very unlikely at this time to be in the economic interest of Hawaiian, or, for that matter, any operator. This fact is demonstrated by the number of carriers granted rights to Japan in this proceeding, generally, that have asked for delays in start up for both lack of slots and economic reasons. Additionally, as the Department is aware, the State of Hawaii has delayed the final decision to lengthen the runway at Maui. Service without a lengthened runway would be possible, but economically questionable.Because of these factors, Hawaiian joins the other carriers given new rights to
Japan in 1998 and 1999 (American, Continental Micronesia, Delta, and TWA) in asking that the dormancy provisions of its enabling order (Order 99-4-4) be modified and that Hawaiian’s startup date be delayed a minimum of 24 months. As the Department is aware, unlike all of the other carriers, with the exception of TWA, Hawaiian has no present service between Japan and Hawaii. While commencement of this service is important to Hawaiian, it is equally important that the service begin under conditions that are conducive to success. Given the factors set forth herein, it is clear that circumstances that will allow a small new entrant to successfully start service at this time, even if the slots were available, do not exist. Hawaiian notes the grant of this relief to other carriers in the market, including TWA’s 12 month extension by Notice of Action Taken dated March 5, 1999.Counsel: Dow Lohnes, Jonathan Hill, 202.776.2000
1998 U.S.- Japan Combination Service Proceeding
| OST-98-3419 | December 21, 1999 | Answer of the State of Hawaii | U.S.- Japan |
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The State of Hawaii hereby submits this Answer in support of the Application of Hawaiian Airlines, Inc. for grant of a waiver of the dormancy condition applicable to its recently-granted Maui-Tokyo authority to enable Hawaiian to postpone the start-up of that new service for two years, until January 2002. For the reasons stated by Hawaiian, which appear to be compelling and attributable to circumstances beyond Hawaiian's control, Hawaii hereby states its support for grant of the relief requested by Hawaiian. Hawaii hopes and assumes that Hawaiian will inaugurate Maui-Tokyo service earlier than January 2002 if the circumstances warranting a delay of its service are resolved prior to that date.
Counsel: Shaw Pittman, J.E. Murdock, 202.663.8060
| OST-98-3419 | Filed December 15, 1999 Served January 14, 2000 |
Notice of Action Taken | 1998 U. S. - Japan Combination Services Proceeding |
By Order 99-4-4, the Department granted certificate authority to Hawaiian to provide service between Maui and Tokyo, and allocated it seven weekly frequencies to operate this service. The frequencies are subject to the condition that they will expire automatically and revert to the Department for reallocation if they are not used for a period of 90 days. Under the terms of the order, the frequency allocation would expire March 31, 2000, i.e. 90 days after Hawaiian's proposed start-up date of January 1, 2000. Hawaiian seeks a waiver of the 90-day dormancy condition for two years, i.e. until January 1, 2002. It states that the necessary slots at Tokyo's Narita Airport are not available for the inauguration of its Maui-Tokyo service. Furthermore, it states that the economic conditions in Asia make it necessary to delay its proposed service at this time.
By: Paul Gretch
| OST-98-3419 | January 28, 2000 | Request for Renewal of Dormancy Waiver | Portland- Osaka |
| Service List |
Counsel: Shaw Pittman, Alexander Van der Bellen, 202.663.8060
| OST-98-3419 | Filed January 28, 2000 Issued February 15, 2000 |
Notice of Action Taken | Portland-Osaka Dormancy |
By Order 98-5-17, the Department granted certificate authority to Delta to provide service between Portland, Oregon, and Osaka, Japan, and allocated it 7 weekly frequencies to operate this service. The frequencies are subject to the condition that they will expire automatically and revert to the Department for reallocation if they are not used for a period of 90 days. The Department has previously granted Delta waivers of the dormancy condition for its Portland-Osaka services. Under the terms of the latest waiver, the frequency allocation would expire June 26, 2000. Delta seeks a further waiver of the 90-day dormancy condition for an indefinite period or, alternatively, for a period of at least six months. It states that economic conditions in Asia make it necessary to continue to delay the inauguration of its Portland-Osaka service.
By: Paul Gretch
| OST-98-3419 | March 10, 2000 | Application for of Trans World Airlines for Waiver | St. Louis- Tokyo |
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By Order 98-5-17, the Department awarded TWA seven weekly frequencies to serve the St. Louis - Tokyo market. TWA had initially planned to start service on the route by June 1, 1999. Although TWA had requested slots for service to commence on June 1, 2000, it has been unable to acquire slots at Narita Airport for the proposed services.
Counsel: Glenn Wicks, 703.841.4665
| OST-98-3419 | March 20, 2000 | Answer of the St. Louis Parties | St. Louis - Tokyo |
| Service List |
As pointed out in their support of TWA's extension request last year, the St. Louis Parties have been attempting for a long time to obtain U.S. carrier nonstop service to Japan. The current award to TWA provides that opportunity and it is essential that such authority be preserved to ensure that the St. Louis market area finally gains the access to Japan it urgently needs.
Counsel: Steptoe & Johnson, Richard Taylor, 202.429.6459
| OST-98-3419 | Filed March 10, 2000 Issued March 23, 2000 |
Notice of Action Taken | Honolulu-Tokyo Dormancy |
By Order 98-5-17, the Department granted certificate authority to TWA to provide service between St. Louis, Missouri, and Tokyo, Japan, and allocated it 7 weekly frequencies to operate this service. The frequencies are subject to the condition that they will expire automatically and revert to the Department for reallocation if they are not used for a period of 90 days. The Department has previously granted TWA a waiver of the dormancy condition for its St. Louis-Tokyo service. ' Under the terms of this waiver, the frequency allocation would expire August 30, 2000. TWA seeks a further waiver of the 90-day dormancy condition for a year, because the required slots at Tokyo's Narita Airport are not available now for the inauguration of its service.
By: Paul Gretch
| OST-98-3419 | April 12, 2000 | Request for Renewal of Dormancy Waiver | Renewal of waivers of the dormancy condition applicable to its Honolulu-Tokyo and Portland-Fukuoka frequency allocations |
| Service List |
Delta has been unable to secure Narita slots to institute new Honolulu-Tokyo service and, due to unfavorable economic conditions affecting trade between the United States and Japan, Delta discontinued Portland-Fukuoka service last fall. The Department has previously found that waivers of the dormancy condition applicable to Delta’s six Honolulu-Tokyo frequencies
