OST-98-3595
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OST-98-3595
British Airways Plc (Exemption, London-Denver)
OST-98-3595 | March 9, 1998
Application and Request for Expedited Consideration
British Airways plans to operate daily London (Gatwick)-Denver service beginning on June 1, 1998. That service will be operated with B-777 aircraft and will provide the only non-stop service to Denver from London.
Counsel: British Airways and Boros Garofalo, Don Hainbach, 202-822-9070
British Airways Plc (Exemption, London Gatwick-Denver)
OST-98-3595 | March 11, 1998
Opposition of US Airways to British Airways'
Application for an Exemption
British Airways' exemption application for Denver service until US Airways obtains conveniently timed slots at Gatwick Airport to support its Charlotte service. If the U.S. Government does not hold British Airways' exemption application in abeyance, the U.S. Government would effectively permit British Airways to implement monopoly service to Denver, to perpetuate its current monopoly service between London and Charlotte, and to continue receiving its extraordinary benefits under Bermuda II (while new U.S.entrants like US Airways are being frozen out of London service despite their designation by the U.S. Government).
Counsel: US Airways and O'Melveney Myers, Donald Bliss, 202-383-5300
British Airways Plc - (London Gatwick-Denver)
OST-98-3595 | March 16, 1998
Answer of The City and County of Denver
Denver's position is that it would be completely unfair to impose sanctions on Denver, which has no London service, for an unrelated dispute that has nothing whatsoever to do with Denver's need for access to Europe. U.S. Airways, in Docket OST-98-3615, expressed its commendable concern for the people of Charlotte by asking that British Airways' service to that city not be suspended. The people of Denver are no less worthy of London service. Respectfully submitted,
Counsel: Denver and Reid Priest, Stephen Minikes, 202-508-4000
British Airways Plc (Exemption, London Gatwick-Denver)
OST-98-3595 | March 17, 1998
Reply of British Airways to Answer of US
Airways
Although the Gatwick slot allocation procedures are administered in a neutral and non-discriminatory manner, and include an established appeals process, they do not, and cannot, ensure that any individual U.S. or U.K. carrier, will obtain any specific slot. On numerous occasions British Airways has been unable to obtain slots it requested. Accordingly, US Airways' apparently inability, thus far, to obtain all the Gatwick slots it has requested cannot justify its request that the Department violate U.S. bilateral obligations by deferring grant of the British Airways application for authority to serve Denver.
Counsel: British Airways and Boros Garofalo, Don Hainbach, 202-822-9070
British Airways Plc (London-Denver)
OST-98-3595 | March 24, 1998
Motion of the City and County of Denver for
Leave to File an Otherwise Unauthorized Document
The attached letters from Mayor Webb and Governor Romer provide important information concerning the public interest that will enable the Department to make a more informed decision without prejudicing any of the parties to this proceeding.
Attachments: Letters from Mayor Webb and Governor Romer
Counsel: Denver and Reid Priest, Stephan Minikes, 202-508-4000
British Airways Plc (London-Denver)
OST-98-3595 | March 27, 1998
Motion of The City and County of Denver for
Leave to File an Otherwise Unauthorized Document
The attached letters from Members of the Colorado Congressional delegation and from the Colorado business community provide important information concerning the strong public interest in Denver/London service and will enable the Department to make a more informed decision without prejudicing any of the parties to this proceeding.
Letters in Support from Colorado Congressional Delgation and Denver Civic Parties
Counsel: Denver and Reid Priest, Stephan Minikes, 202-508-4000
British Airways, Plc (London Gatwick-Denver)
OST-98-3595 | April 16, 1998
Motion of the City and County of Denver for
Leave to File an Otherwise Unauthorized Document
Denver understands that US Airways has obtained useable Gatwick slots for its Charlotte service. Instead of progressively working within the system to get its preferred slots, as other carriers do, US Airways is demanding that the Department obtain for US Airways the exact slots it wants and that the Department get them now. US Airways is essentially interpreting Bermuda 2 to include an ironclad guarantee that all carriers will receive slots for the exact times they desire on the first day they start service. The Department does not provide such a guarantee to foreign carriers seeking slots at airports in the United States, particularly at O'Hare, and Bermuda 2 certainly does not impose such an onerous condition on either the U.S or the U.K.
Counsel: Denver and Reid Priest, Stephan Minikes, 202-508-4000
British Airways Plc (London Gatwick-Denver)
OST-98-3595 | April 17, 1998
Motion of the City and County of Denver for
Leave to File an Otherwise Unauthorized Document
The attached letters from the Downtown Denver Partnership, the DIA Business Partnership, Club 20, and Colorado Sid Country provide important information concerning the strong public interest in having Denver/London service start on June 1.
Attachments: Letters from Tom Stokes, Julie Bender, Greg Walcher & John Frew
Counsel: Denver and Reid Priest, Stephen Minikes, 202-508-4000
Motion of US Airways for Leave to File and
Reply
While US Airways sympathizes with the people of Denver, it has reluctantly filed this response to set the record straight and to focus on the critical issue -- commercially viable access to London (Gatwick) for U.S. flag carriers and the cities they serve. As soon as this issue is resolved, US Airways will be able to launch Charlotte service, British Airways will be able to launch its Denver service, and the people of the Carolinas and Colorado will be well served.
Counsel: US Airways and O'Melveny Myers, Donald Bliss, 202-383-5300
British Airways Plc (London-Denver)
OST-98-3595 | April 24, 1998
Motion of British Airways for Leave to File and
Response
US Airways implies that British Airways has unfairly benefitted from U.S. slot allocation procedures to the detriment of domestic U.S. carriers. British Airways serves two airports -- JFK and O'Hare -- which are subject to the high density rule. That service is longstanding and British Airways has, like most U.S. and foreign carriers, obtained historic or "grandfathered" rights to the slots used in conjunction with that service. None of its JFK or O'Hare slots were "withdrawn" from U.S. carriers. In any event such withdrawals ceased in 1994. If and when British Airways operates additional services to Chicago O'Hare, it cannot expect an incumbent U.S. carrier to relinquish unwillingly one of its historic O'Hare slots. Nor would it expect the United Kingdom Government to withhold bilaterally authorized U.S. carrier service to "persuade" a U.S. carrier to relinquish such a slot.
Counsel: British Airways and Boros Garofalo, Don Hainbach, 202-822-9070
British Airways Plc (London-Denver)
OST-98-3595 | April 24, 1998
Motion of US Airways for Leave to File and
Reply to British Airways
Each week British Airways operates 261 roundtrips with 166,676 seats to 25 U.S. gateways in the U.K.-U.S. market (excluding San Juan). That is 41.5 percent of the market. Its monopoly routes include Charlotte-London (Gatwick), Philadelphia-London (Heathrow), and eight other city or airport pairs. Yet, British Airways has launched a broadside against US Airways' attempt to obtain one commercially viable landing slot at London's secondary airport -- Gatwick.
Exhibit A: Comparison of Inbound Connecting Cities at CLT for LGW Service
Counsel: US Airways and O'Melveny Myers, Donald Bliss
British Airways Plc (London Gatwick-Denver)
OST-98-3595 | April 30, 1998
Motion of British Airways for Leave to File and
Response
There is no legitimate basis for the delay in granting British Airways authority to serve Denver. The U.K. Government has stated that all sales restrictions on US Airways will be lifted immediately upon receipt of Denver authority by British Airways. The power and the responsibility to ensure that both services are fully authorized and in a position to operate when planned rests with the Department. The Department should either issue the Denver authority now or provide British Airways and Denver with a clear explanation of why it is refusing to do so.
Counsel: British Airways and Boros Garofalo, Don Hainbach, 718-397-4250
British Airways, Plc (London Gatwick-Denver)
OST-98-3595 | May 19, 1998
Motion of US Airways for Leave to File and
Update the Record
US Airways sympathizes with the people of Denver. Like the people of Charlotte, the people of Denver deserve the full benefits of service and competition that are authorized under the existing, highly restrictive Bermuda II bilateral agreement. However, the bilateral aviation issues at stake here are of great importance and require firm and prompt action by the U.S. Government. Given these facts and circumstances, it is incumbent upon the U.S. Government to continue holding British Airways' exemption application for London (Gatwick)-Denver service in abeyance unless and until US Airways obtains commercially viable landing access to Gatwick Airport and an unrestricted permit to accept reservations and sell tickets in support of its Charlotte-London service.
Counsel: US Airways and O'Melveny Myers, Donald Bliss, 202-383-5300
British Airways PLC - (Notice of Action Taken)
OST-98-3595 | Filed March 9, 1998 | Action Taken July 22, 1998
Reliefrequested: Exemption from 49 U.S.C. 41301 to conduct scheduled foreign air transportation of persons, property and mail between London (Gatwick), England, and Denver, Colorado, for a period of one year.
Applicant Rep.: Don Hainbach, 202.822.9070
| OST-98-3595 | July 21, 1999 | Application for Renewal of Exemption Authority | London-Denver |
| Service List |
As discussed in more detail in the initial application British Airways submitted in Docket OST-98-3595 on March 9, 1998, the authority for which renewal is requested is provided for in the Bermuda 2 Air Services Agreement between the United States and the United Kingdom, and British Airways is fully qualified to operate this service. British Airways currently operates daily service between London and Denver with B-777 equipment and grant of this application will allow British Airways to continue to provide valuable transportation options to passengers and shippers in the Denver area.
Counsel: British Airways and Boros Garofalo, Don Hainbach, 202-822-9070
| OST-98-3595 | August 5, 1999 | Answer of The City and County of Denver | London Gatwick-Denver |
British Airways' service is Denver's only daily non-stop service to Europe and is a critical air link between the growing Denver region and overseas markets. During its first year of operations, this important service has been highly successful. In fact, British Airways commenced service using B-777 aircraft but demand has been so great that it is now using B-747s.
Counsel: Denver and Thelen Reid Priest, Richard Leidl, 202-5078-4000
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