OST-98-3667
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OST-98-3667
Legend Airlines, Inc. (Certificate of Public Convenience, Interstate Scheduled)
OST-98-3667 | March 25, 1998
Application for a Certificate of Public Convenience and
Necessity
Legend Airlines is a new start-up airline which plans to begin scheduled non-stop service between Dallas Love Field ("Love Field") and several major business destinations within the United States. Legend intends to commence operations with a fleet of six DC-9-32 aircraft. The Applicant was incorporated in February, 1997 in Texas and proposes to begin service in the Fall of 1998. Legend will operate in accordance with all applicable federal laws including the Wright Amendment, which permits the operation of DC-9-32 aircraft equipped with 56 passenger seats, to any destination. Legend will provide scheduled non-stop service from Dallas Love Field to cities throughout the United States including East and West Coast destinations, such as Boston and Seattle.
Answers are due by April 24, 1998, Subpart Q
Counsel: Ungaretti Harris, Edward Faberman, 202-778-4460
OST-98-3667 | Not Dated | Docketed April 22, 1998
American Airlines, Inc. hereby answers the application submitted by Legend Airlines, Inc. on March 25, 1998, seeking authority to provide scheduled interstate air transportation of persons, property, and mail from Dallas Love Field, Texas. American has reviewed the answer submitted this day by the City of Ft. Worth, and concurs with the City's position.
Counsel: American, Carl Nelson, 202-496-5647
Answer of the City of Fort Worth in Opposition
to Application
New competitive airline service, if sold by a technically and financially capable airline, is in the public interest. Fort Worth would gladly support new service by Legend at Dallas/Fort Worth International Airport ("DFW"). However, Legend intends to initiate its service at Love Field, an airport that Fort Worth and Dallas have agreed would not be used for long-haul interstate scheduled passenger service. This agreement is the foundation of DFW's success. By refusing to join the 20 plus carriers now serving DFW, Legend wants to avoid direct competition and, in the process, tear up agreements affecting Fort Worth and Dallas, the airlines serving DFW, and bondholders that have provided over $2 billion for the construction of DFW. The Department should therefore deny Legend's application.
Exhibits: [Editor's Note: Several Files are 1-6 MB in
size and may take additional time to download.]
Counsel: Wade Adkins, City Atty., 817.871.7600
Legend Airlines, Inc. (Certificate of Public Convenience, Interstate)
OST-98-3667 | April 27, 1998
Letter from Air Carrier Fitness Requesting
Additional or Clarifying Information
Legend's operating plans are not entirely clear. For instance, in its application, Legend states that it expects to be operating a total of 12 aircraft by the end of the first year of operations (six 56-seat DC-9-32 aircraft initially, with another six aircraft added during the first year). However, the revenue/expense forecasts provided appear to assume a nine-aircraft fleet during the first year. Please clarify Legend's first-year operating plans. If those plans call for 12 aircraft within the first year, the applicant should provide revised financial forecasts based on such plans.
Love Field Citizens Action Committee Opposing
Application - April 20, 1998
OST-98-3667 | May 27, 1998
Re: Response to Request for Additional Information from Air
Carrier Fitness
Legend requests an extension of time to June 3, 1998 to respond to the Department's request.
Counsel: Ungaretti Harris, Edward Faberman, 202-872-4310
OST-98-3667 | June 3, 1998
Supplement No. 1 to the Application for a Certificate of Public
Convenience and Necessity
At a time when the industry is becoming increasingly concentrated, it is essential that the Department accelerate its actions to allow the marketplace to determine the future of competition. Those seeking to prevent competition, and preserve a growing monopoly stranglehold on Dallas/Fort Worth should not be allowed to further delay Legend's startup. The people of the Dallas-Fort Worth area should not be deprived of the benefits of an airline that will create hundreds of jobs and encourage new business opportunities. Expedited consideration of the Application may limit the damage caused by such delaying tactics. To allow Legend to enter the marketplace and complete its plans at Love Field, approval of this Application is requested by August 1, 1998.
Counsel: Ungaretti Harris, Edward Faberman, 202-778-4460
Legend Airlines, Inc. (Certificate of Public Convenience, Interstate Scheduled)
OST-98-3667 | June 4, 1998
Motion to Withhold Information from Public Disclosure
Counsel: Ungarettie Harris, Edward Faberman, 202-778-4460
Legend Airlines, Inc. - (Certificate of Public Convenience and Necessity for Interstate Scheduled Air Transportation)
OST-98-3667 | June 10, 1998
Re: Revised Supplement No. 1 to Application for Certificate of
Public Convenience and Necessity
Attached is a slightly revised version of a filing, Supplement No. 1 to the Application of Legend Airlines, Inc. for a Certificate of Public Convenience and Necessity, which was submitted on June 3, 1998. It reflects a few adjusted items and corrections. The exhibits that were included with the June 3 submission remain unchanged and, therefore, are not included.
Supplement No. 1 to Application for Certificate of Public
Convenience and Necessity
The issues raised by the American parties are unsupportable and fictitious. The comments of the American parties are part of a well-orchestrated campaign designed to eliminate airline competition in the Dallas/Fort Worth area and to increase the growing monopoly control that American Airlines holds over the Dallas/Fort Worth market. It is unfortunate that public officials from Fort Worth have opted to blindly support the rantings and anti-competitive actions of one of its largest corporate citizens over the public will and interest.
Counsel: Ungaretti Harris, Paul Olsen and Edward Faberman, 202.778.4460
Legend Airlines, Inc. (Certificate of Public Convenience, Interstate Scheduled)
OST-98-3667 | June 26, 1998
Re: Motion for Confidential Treatment - (Letter from DOT)
We have decided to grant confidential treatment to the Triton aircraft commitment letter. We agree that release of this information could cause competitive harm to Legend and is similar to information for which we have granted confidential treatment in the past.
By: John Coleman
Legend Airlines, Inc. - (Certificate to Engage in Interstate Scheduled Air Transportation)
OST-98-3667 | July 9, 1998
Supplement No. 2 to Application for a Certificate of Public
Convenience and Necessity
Legend respectfully submits this supplement to its application for a certificate of Public Convenience and Necessity authorizing interstate scheduled air transportation of persons, property and mail pursuant to Section 401 of Title 49 of the United States Code (the "Statute") and Parts 201 and 204 of the Department's Economic Regulations. This supplement is filed to reflect a personnel change and to enhance information concerning ownership of Legend's stock.
Counsel: Ungaretti Harris, Edward Faberman, 202.778.4460
Federal Express Corporation - (US-Brazil All-Cargo Service)
OST-96-1196 | July 15, 1998
Amendment No. 1 to Application for Renewal of an Exemption and
Allocation of All-Cargo Frequencies
Specifically, Federal Express hereby requests that it be granted authority to provide scheduled all-cargo air transportation "between a point or points in the United States, via intermediate points, to Manaus, Brasilia, Rio de Janeiro, Sao Paulo, Recife, Porto Allegre, Belem, Belo Horizonte and Salvador deBahia, and beyond Brazil to Argentina, Uruguay, Paraguay and Chile."
Answers are due by July 30, 1998.
Counsel: Shaw Pittman, Nathaniel Breed, Jr., 202.663.8078
Legend Airlines, Inc. - (For Certificate of Public Convenience and Necessity for Interstate Scheduled Air Transportation)
OST-98-3667 | July 15, 1998
Motion for Leave to File Answer by City of Dallas
to Legend's Application for Certification
Moreover, the City submits that no party will be prejudiced by the Department's acceptance of the City's Answer. The City is not raising new issues, but simply articulating its position on issues raised by other parties -- namely, (1) the Department's duty to consider the commitments undertaken by Dallas and Fort Worth in connection with the 1968 Agreements and Bond Ordinance (as interpreted in court opinions and subject to federal law) and (2) Legend's voluntary commitment to use Stage III aircraft. The City of Dallas has good cause to file its Answer out of time because a recent decision by the District Court of Tarrant County, Texas, City of Fort Worth v. City of Dallas, Cause No. 48-171 109-97, Order Granting City of Fort Worth, Texas' Temporary Injunction (July 10, 1998), shows that Dallas' contractual commitments may be judicially interpreted to require Dallas to prohibit air service that otherwise would be permitted by the Shelby Amendment.
Answer by City of Dallas to Legend's
Application for Certification
If the Department decides to grant Legend the certificate it has requested, the Department should condition Legend's authority on the use of Stage III aircraft. While Dallas could not require Legend to use Stage III aircraft before the statutory date for Stage III compliance, Legend has represented to the Department that it will use such aircraft voluntarily.
Counsel: Speigel McDiarmid, Rise Peters, 202.879.4000
Legend Airlines, Inc. - (Certificate for Interstate Scheduled Air Transportation)
OST-98-3667 | July 20, 1998
Motion of Legend Airlines, Inc. for Leave to
File Redacted form of Document
Legend respectfully requests that the Department treat Exhibit L-20 as marked as confidential under 14 CFR. § 302.39, that the attached redacted revision of L-20 be made available for public disclosure, and that the Department consider Exhibit L-20 in support of Legend's Application for a Certificate of Public Convenience and Necessity.
American Airlines and its surrogates have spent tens of million of dollars in attempting to delay Legend's inauguration of services, to harass and intimidate Legend's investors, to raise the costs of Legend's operations, and to make it difficult for Legend to complete the certification process. They have instituted litigation, financed misleading media campaigns, created fictitious citizen groups, blocked space at Love Field, and now are attempting to delay Legend's certification process.
Exhibit L-20:
Counsel: Ungaretti Harris, Edward Faberman, 202.778.4460
Legend Airlines, Inc. - (Certificate for Interstate Scheduled Air Transportation)
OST-98-3667 | July 31, 1998
Amended Motion for Leave to Filed Redacted Form of Document
On, June 4, 1998 and July 20, 1998, Legend Airlines, Inc. ("Legend") filed motions concerning the confidentiality of Exhibits L-7R and L-20 to its "Supplement No. 1 to the Application of Legend Airlines, Inc., for a Certificate of Public Convenience and Necessity." The July 20 Motion for Leave to File Redacted Form of Document described the need for certain redactions to Exhibit L-20, which is an April 16, 1998 private placement memorandum. However, the July 20 Motion and redacted Exhibit L-20 was incomplete. Legend therefore seeks leave to file a corrected form of the redacted version of Exhibit L-20.
Counsel: Ungaretti Harris, Edward Faberman, 202.778.4462
Legend Airlines, Inc. (Certificate of Public Convenience and Necessity, Interstate Scheduled)
OST-98-3667 | August 4, 1998
Motion to Withhold Information from Public Disclosure
Supplement No. 3 to the Application
At a time when the industry is becoming increasingly concentrated, it is essential that the Department accelerate its actions to allow the marketplace to determine the future of competition. Those seeking to prevent competition, and preserve a growing monopoly stranglehold on Dallas/Fort Worth should not be allowed to further delay Legend's startup. The people of the Dallas/Fort Worth area should not be deprived of the benefits of an airline that will create hundreds of jobs and encourage new business opportunities. Expedited consideration of the Application may limit the damage caused by such delaying tactics.
Counsel: Ungaretti Harris, Edward Faberman, 202-778-4460
Legend Airlines, Inc. (Certificate of Public Convenience and Necessity, Interstate Scheduled)
OST-98-3667
Editor's Note: Above letters available as soon as Docket Section scans. No idea as to their content or date
Legend Airlines, Inc. (Certificate of Public Convenience, Interstate Scheduled)
OST-98-3667 | September 3, 1998
Supplement No. 4 to the Application
Legend respectfully submits this supplement to its application to the Department of Transportation (the "Department") for a certificate of Public Convenience and Necessity authorizing interstate scheduled air transportation of persons, property and mail pursuant to Section 401 of Title 49 of the United States Code (the "Statute") and Parts 20 l and 204 of the Department's Economic Regulations. This supplement is filed in response to a letter dated August 25, 1998 from the Office of Aviation Analysis.
Counsel: Ungaretti Harris, Edward Faberman, 202-778-4460
Legend Airlines, Inc. - (Certificate for Interstate Scheduled Air Transport)
OST-98-3667 | September 10, 1998
Re: Resubmission of Supplemental Information
On September 3, 1998, our office submitted a filing to Docket OST-98-3667: Supplement No. 4 to the Application of Legend Airlines, Inc. for a Certificate of Public Convenience and Necessity. (A copy of the cover page is attached here for reference.) Some copies of that supplement did not include Exhibits A, B and C as attachments. Attached here is a full set of those three exhibits; copies have also been provided to all parties on the attached service list.
Docket Section did Not post on "The Board" for September 10th. Released to the Public on September 11th
Counsel: Ungaretti Harris, Edward Faberman, 202.778.4460
| Order 98-10-15 OST-98-3667 |
Issued and Served October 16, 1998 | Order to Show Cause |
Certificate of Public Convenience, Interstate Scheduled |  HTML |
| Attachment: Specimen Certificate Attachment A: Service List |
We direct all interested persons to show cause why we should not issue an order making final our tentative findings and conclusions stated above and award a certificate to Legend Airlines, Inc., authorizing it to engage in interstate scheduled air transportation of property and mail, subject to the attached specimen Terms, Conditions, and Limitations.
By: Charles Hunnicutt
| OST-98-3667 | November 4, 1998 | Reply Comments of Legend
Airlines
|
Certificate of Public Convenience, Interstate Scheduled |
| Exhibit 1: Revisions's to Department's Show Cause Order |
These multiple attempts to eliminate Legend as a competitor and to increase its preoperational costs have imposed significant costs on Legend. If Legend is going to have an opportunity to provide much needed airline competition in the Dallas-Fort Worth area and throughout Texas, it is imperative that Legend's certification move forward at an expedited pace. It is crucial that comments filed by those with the sole purpose of keeping competition at bay not be allowed to delay the process any longer. If new entry is to occur, the Department must assure applicants that baseless arguments like those raised in comments to this docket will be dismissed.
Counsel: Ungaretti Harris, Edward Faberman, 202-778-4460
| OST-98-3667 | October 30, 1998 | Opposition of Love Field Citizens Action Committee |
Certificate of Public Convenience, Interstate Scheduled |
By: Russ Jewert
| Order 98-12-29 OST-98-3667 |
Issued December 22, 1998 Served December 23, 1998 |
Final Order | HTML |
By: Charles Hunnicutt
| OST-98-3667 | November 10, 1999 | Motion of Legend for Extension of Time | Dulles- Dallas/Ft. Worth- Chicago |
| Service List |
From the day that Legend Airlines announced that it would initiate operations at Love Field, it has faced an extraordinary effort to stop it from operating through a multi-million dollar campaign involving state and federal court systems to delay Legend's ability to operate and to add to its costs. In that process, these parties have attacked the Department, its employees, the legislative process, Congress, the air traffic control system, and any party suggesting that competition should exist. The attacks against Legend have come at a time in which new entry has practically disappeared and concentration is increasing.
Legend has acquired two DC-9-30 aircraft, and is in the process of completing arrangements for use of other aircraft. All aircraft are Stage III compliant and are being upgraded with TCAS, windshear detection equipment, and other improvements required by the Federal Aviation Regulations. Legend notes that it also has completed efforts to raise capital and is completing work on its terminal, which has been entirely financed. Legend has hired additional staff and is holding its first pilot training class. The financing received by Legend includes monies for the additional costs associated with the delay in its startup.
Counsel: Ungaretti Harris, Edward Faberman, 202.639.7051
| OST-98-3667 | November 23, 1999 | Opposition of the City of Fort Worth, Texas to Motion for Extension of Time | Dulles- Dallas/Ft. Worth- Chicago |
| Service List |
Counsel: Kelly Hart, Dee Kelly
| OST-98-3667 | Filed November 10, 1999 Issued December 7, 1999 |
Request Granted for Six Additional Months | Dulles- Dallas/Ft. Worth - Chicago |
By: John Coleman
| OST-98-3667 | December 13, 1999 | Motion of City of Fort Worth, Texas for Public Disclosure of Substantive Communications | Dulles- Dallas/Ft. Worth- Chicago |
| Service List |
Fort Worth respectfully requests the Department immediately to file in the public record of this docket all written communications (not already in the public record) that any Department employee has received or receives hereafter from Legend, Mr. Edward Faberman, or any other attorney for Legend, that pertains in whole or part to the subject matter of Legend's Application for Certification as an Air Carrier, the "Motion of Legend Airlines, Inc. for Extension of Time," or Legend's plan to commence scheduled interstate passenger operations from Love Field, Dallas, Texas. Fort Worth also requests the Department immediately to file in the public record of this docket all communications of the same description from any Department employee to Legend, Mr. Faberman, or any other attorney for Legend. Fort Worth believes this is required by the Department's regulations at 14 C.F.R. § 300.3(b)(1). Fort Worth also requests the Department to have all of its employees who have received oral communications from Legend, Mr. Faberman, or any other attorney for Legend that fall within the description in paragraph 2, above, to summarize those oral communications, fully and completely, and to file those summaries in the public record of this proceeding. 14 C.F.R. § 300.3(b)(2). If Legend has been given oral assurances by any employee of the Department that the Department will waive 14 C.F.R. § 204.7(a) for Legend, the terms of those oral assurances, the identification of the person granting them, and the full reasons for them should be filed in the docket as required by 14 C.F.R. § 300.3(b)(2).
Counsel: Kelly Hart, Dee Kelly
| OST-98-3667 | December 16, 1999 | Reply of Legend Airlines | Dulles- Dallas/Ft. Worth- Chicago |
| Service List |
Fort Worth's filing is overly broad, unduly burdensome and oppressive. Fort Worth, whose counsel is a member of the AMR Board of Directors, seeks to disrupt the Department from carrying out its duties and to thwart competitive entry into the Dallas/Fort Worth Metroplex. By filing this Motion, Fort Worth adds to a long litany of attempts made in this docket, the Love Field Interpretation Proceeding (OST-98-4363), and the Ozark Air Lines Docket (OST-99-5288) to prevent interstate service authorized by the Wright and Shelby Amendments at Dallas Love Field. As it has done on other occasions, the Department has ample authority to grant an extension of time to a startup carrier to commence operations. It is difficult to imagine any interest Fort Worth would have in this issuer other than as part of its campaign to carry out the Bob Crandall edict, "if the Wright Amendment is ever changed, we'll sue everyone to close Love Field. As part of its Motion, Fort Worth seeks to obtain all information that Legend has submitted to the Department as part of the application process. In addition, Fort Worth seeks to create a specialized public docket of all communications submitted by anyone representing Legend. It is difficult to imagine a more overblown request that is unrelated to the issue before the Department. It is yet another attempt to obtain company confidential and marketing information, and find reason to file additional "objections."
Fort Worth's new found interest in public disclosure is in sharp contrast to Fort Worth's considerable effort to avoid any discovery in the state court action and its suit against the Texas State Attorney General because they were ordered to disclose bond covenant communications by the Attorney General. If any party should be required to have all contacts listed and placed in a public docket, it is American Airlines, its partners, and army of representatives. Fort Worth's continued baseless attacks on Department employees should not be tolerated. The Motion is designed to harass the Department and consequently is an abuse of the system. For these reasons, Legend respectfully requests that the Department deny Fort Worth's Motion.
Counsel: Ungaretti Harris, Michelle Faust, 202-778-4460
| OST-98-3667 | January 14, 2000 | U.S. DOT/OST Letter of Response to December 13, 1999 Motion | Dulles- Dallas/Ft. Worth - Chicago |
By: Bradley Mims
| Order 02-2-16 OST-98-3667 |
Issued February 22, 2002 Served February 27, 2002 |
Order Revoking Certificate | Dulles- Dallas/Ft. Worth - Chicago |
| Service List |
It has now been over one year since Legend ceased all air carrier operations. To date, the carrier has not filed an application to resume operations, nor do we have any other information that would lead us to conclude that it plans to resume operations any time soon.Under these circumstances, we will revoke, without prejudice, Legend's certificate for reason of dormancy.
By: Randall Bennett
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