OST-98-3931
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OST-98-3931
U.S.-France Allocation of Frequencies
US Airways, Inc.
OST-98-3931 | June 5, 1998
Application for Allocation of Frequencies
As the only carrier serving Philadelphia- Paris on a nonstop basis, US Airways currently offers twice daily service. This service has been highly successful, with round-trip load factors of 76.4 percent and 74.9 percent on each of the two daily flights for the year ending April, 1998. The average year-round US Airways' load factor for the PHL-CDG market is 75.7 percent. The strong consumer demand for twice daily service is clearly demonstrated.
Answers due by June 15, 1998
Counsel: US Airways and O'Melveny Myers, Donald Bliss, 202-383-5300
OST-98-3756 | OST-98-3932 | OST-98-3753 | OST-98-3931 | OST-98-3933 | June 15, 1998
As its top priority, the Department should grant American's application for seven weekly frequencies for service between Los Angeles and Paris, beginning April 1, 1999. American has submitted the only application to open a new U.S.-flag nonstop gateway to Paris. Los Angeles-Paris is presently a nonstop monopoly of Air France, and is without any U.S. carrier nonstop flights. The other three U.S.-Paris gateways proposed by competing applicants -- Atlanta, Chicago, and Philadelphia -- not only have U.S. carrier nonstop service today, but have such service by the other three applicants, which are merely seeking to add frequencies, and not to offer a new nonstop Paris service (OAG, Worldwide Ed., June 1998).
Counsel: American, Carl Nelson, 202-496-5647, carl_nelson@amrcorp.com
Consolidated Answer of Delta Air Lines
Delta's JFK-Lyon proposal would be the first nonstop service between the United States and Lyon, a major population center and one of the fastest-growing U.S.-France aviation markets. Delta is the only U.S. carrier that has successfully developed U.S.-France regional services. While all other U.S. carriers serve only Paris, Delta offers daily service between New York and Nice. The proposed JFK-Lyon service would provide attractive options for U.S.-Lyon travelers and add to the impressive array of nonstop transatlantic services operated by Delta from JFK.
Counsel: Delta and Shaw Pittman, Robert Cohn, 202-663-8060
Consolidated Answer of The City of Philadelphia,
Division of Aviation
The adage "Don't judge a book by its cover," albeit slightly modified to read "Don't judge a frequency application by what it appears to request," rings true in this proceeding with respect to US Airways' application. This is because, while US Airways' application states, on its face, that US Airways is requesting a second daily PHL-CDG frequency allocation, the reality is much different. In fact, US Airways' application in this proceeding is a request to allow US Airways to continue operating its second daily Philadelphia-Paris service and to inaugurate a new daily Pittsburgh-Paris service. Thus, the truth be told, US Airways' application is all about awarding US Airways seven additional frequencies to start Pittsburgh-Paris service, not about Philadelphia-Paris service.
Counsel: Galland Kharasch, Morris Garfinkle, 202-342-5200
Consolidated Answer of United Air Lines
United's proposal for a second daily Chicago-Paris nonstop service clearly deserves an allocation of seven of the available frequencies and would produce substantially greater public benefits than would the other applicants' proposals. American's New York-Paris proposal, for example, simply offers a service that is duplicated many times over on a daily basis. American, Continental, Delta, TWA, Tower, Air France and Pakistan International all serve the New York-Paris market. U.S. ,carriers alone operate 6 daily nonstop frequencies and a total of 42 weekly frequencies.
Counsel: United and Ginsburg Feldman, Joel Burton, 202-637-9130
US Airways strongly believes that its application for a second daily Philadelphia-Paris (CDG) flight, resuming on March 1, 1999, warrants the allocation of seven (7) weekly frequencies to meet the well-established demand for double daily service at the Philadelphia gateway, to further U.S. policy objectives during the transition to open skies, and to provide extensive intergateway competition, for the benefit of the traveling public.
Counsel: US Airways and O'Melveney Myers, Donald Bliss, 202-383-5300
United States-France Combination Services / US Airways, Inc. / Ameircan Airlines, Inc. / Delta Air Lines, Inc. / United Air Lines, Inc. (Allocation of Frequencies)
OST-98-3931 | OST-98-3756 | OST-98-3932 | OST-98-3933 | June 22, 1998
None of the competing applicants has presented a sound basis for the Department to grant priority to its application over American's. American will restore U.S.-flag nonstop service in the Los Angeles-Paris market, and add service between New York and Paris, by far the largest U.S.France market and one that is restricted against additional U.S. carrier designations until April 1, 2003.
Counsel: American, Carl Nelson, 202-496-5647, carl_nelson@amrcorp.com
Consolidated Reply of Delta Air Lines
Delta urges the Department to institute a carrier selection proceeding and therein to grant Delta a total of fourteen (14) weekly U.S.France combination frequencies to enable Delta to operate its proposed AtlantaParis and New York (JFK)-Lyon services.
Counsel: Delta and Shaw Pittman, Robert Cohn, 202-663-8060
Consolidated reply of The City of Philadelphia, Division
of Aviation
The answers of American, Delta, and United are based on the premise of "biggeris better." Only US Airways' request would permit both the continuation of double daily Paris service from US Airways' primary transatlantic hub -- Philadelphia -- thus promoting intergateway and intercarrier competition and allow the introduction of nonstop Paris service to the only community involved in this proceeding - Pittsburgh -- which, today, has no nonstop Paris, or France.
Counsel: Galland Kharasch, Morris Garfinkle, 202-342-5200
Consolidated Reply of United Air Lines
United urges the Department to act quickly to set down a carrier selection proceeding to decide how to allocate the 17 frequencies already identified, as well as any dormant Tower Air frequencies that may be available. No applicant proposes services before Spring 1999, but the Department needs to act with expedition so that the selection process is completed in time to enable the successful carriers to market their new services beginning this Fall.
Counsel: United and Ginsburg Feldman, Joel Burton, 202-637-9000
U.S. policy objectives to establish a strong competitive foundation during the transition to open skies would be best served by enabling US Airways to strengthen its presence in the U.S.France market and to offer a vigorous competitive challenge to the new tripartite code-share alliance and other U.S. carrier market leaders. From its premier international gateway at Philadelphia, US Airways will provide critical and extensive intergateway competition for the benefit of the traveling public.
Counsel: US Airways and O'Melveny Myers, Donald Bliss, 202-383-5300
OST-98-3872 | OST-98-3932 | OST-98-3933 | OST-98-3931 | July 22, 1998
TWA now acknowledges that it will utilize 7 weekly roundtrip frequencies on a year-round basis for New York-Paris service, and 7 in the summer season only for St. Louis-Paris service. In these circumstances, the Department should reduce TWA's base-level allocation from 14 weekly frequencies to 7. Given the scarcity of frequencies available for U.S.-France services, and the pending requests by four carriers for additional frequencies to be operated on a year-round basis, the Department should not allow TWA, Tower Air,1 or any other carrier to waste these valuable limited-entry opportunities by using them for only part of the year.
Counsel: Ameircan, Carl Nelson, 202-496-5647, carl_nelson@amrcorp.com
OST-98-3872 | OST-98-3756 | OST-98-3932 | OST-98-3933 | OST-98-3931 | July 23, 1998
By Order 98-6-29, Tower Air was allocated 8 base-level frequencies to serve between the U.S. and France. On July 21, 1998, Tower Air submitted a letter to the Department showing that for each month from September 1998 through March 1999, it will use less than 4 frequencies per week, or under half of its base-level allocation.
In these circumstances, the Department should reduce Tower Air's base-level allocation from 8 weekly frequencies to 4. Given the scarcity of frequencies available for U.S.-France services, and the pending requests by four carriers for additional frequencies to be operated on a year-round basis, the Department should not allow Tower Air, TWA, or any other carrier to waste these valuable limited-entry opportunities by using them for only part of the year.
Attachment: Re: Tower Air US-France Schedules, dated July 21, 1998
Counsel: American, Carl Nelson, 202-496-5647, carl_nelson@amrcorp.com
U.S.-France Combination Service Frequency Allocation / US Airways, Inc.
OST-98-3872 | OST-98-3931 | July 24, 1998
Petition of US Airways for Reconsideration of
Order 98-6-29 and Motion for Leave to File Out of Time
US Airways urges the Department, on reconsideration of Order 98-6-29, to reduce TWA's U.S.-France base-level allocation from 14 weekly frequencies to no more than 7 and Tower Air's U.S.-France base-level allocation from 8 weekly frequencies to 4. The Department should allocate the available weekly frequencies to one of the other carriers, such as US Airways, that have filed timely applications for daily year-round U.S.-France service
Counsel: US Airways and O'Melveney Myers, Donald Bliss, 202-383-5300
U.S.-France Combination Service Frequency Allocation / American Airlines, Inc. / Delta Air Lines, Inc. / United Air Lines, Inc. / US Airways, Inc. (Allocation of Frequencies)
OST-98-3872 | OST-98-3756 | OST-98-3932 | OST-98-3933 | OST-98-3931 | July 30, 1998
Answer of Tower Air to Supplement to Petition of American
Airlines and Petition of US Airways
Tower Air, Inc. respectfully requests that the Supplement to Petition of American Airlines and the Petition for Reconsideration of Order 98-6-29 of US Airways seeking to force Tower Air to reduce its service to France to only four weekly flights should be denied.
Counsel: Hewes Gelband, Stephen Gelband, 202-337-6200
Answer of United Air Lines to Petitions for
Reconsideration and Contingent Motion for Leave to File
The Department should withdraw at least four of Tower's frequencies and place them at issue in the U.S.-France Combination Service Frequency Allocation proceeding. This will enable the Department to authorize, at a minimum, three newdaily nonstop services in the U.S.-France market.
Counsel: United and Ginsburg Feldman, Joel Burton, 202-637-9130
U.S.-France Combination Service Frequency Allocation
OST 98-3872 | OST 98-3756 | OST 98-3932 | OST 98-3933 | OST 98-3931 | August 6, 1998
Motion of Tower Air for Leave to File
Tower Air firmly believes that the schedule for its U.S.-Paris and beyond flights that it submitted to the Department on July 21, 1998, is a reasonable one and that it is fully consistent with the Tower Air's well-known operating mode to France since the inception of its service there. We, therefore, strongly urge the Department to allow Tower Air to retain all of the schedule frequencies that have been allotted to it so that it can continue to provide the unique competitive benefits to travelers in the U.S.- France market for which it is known. United, American and US Airways already have the lion's share of both the frequencies and the passengers in this market. Their concerted effort to substantially reduce Tower Air's ability to compete with them should not now be rewarded.
Counsel: Hewes Gelband, Stephan Gelband, 202.337.6200
1999 U.S.-France Combination Service Frequency Allocation Proceeding / American Airlines, Inc. / Delta Air Lines, Inc. / United Air Lines, Inc. / US Airways, Inc. / U.S.-France Combination Service Frequency Allocation / Tower Air, Inc.
| Order 98-10-21 OST-98-4614 OST-98-3756 OST-98-3932 OST-98-3933 OST-98-3931 OST-98-3872 OST-98-3757 |
Issued and Served October 20, 1998 |  Order on Reconsideration and
To Show Cause |
US-France Combination Service |  HTML |
By this order, we ( I ) grant the petitions of American Airlines, inc. and US Airways for reconsideration of Order 98-6-29 and, on review, affirm the allocation of 14 weekly U.S.-France base-level frequencies to Trans World Airlines, Inc. and 8 weekly base-level frequencies to Tower Air, Inc.; (2) tentatively withdraw the allocation of four additional weekly frequencies to Tower for U.S.-France services; and (3) tentatively allocate 21 additional weekly frequencies for U.S -France services as follows: (a) seven frequencies to American for Los Angeles-Paris services; (b) seven frequencies to United for Chicago-Paris services; and (c) seven frequencies to US Airways for Philadelphia-Paris services. We have also decided to grant the frequency allocations pendente lite so as to make the frequency awards effective immediately on a temporary basis, pending a final decision in this case, in light of the imminent deadline for filing applications for the 1999 summer season slot allocations.
By: Patrick Murphy
U.S. - France Combination Service Frequency Allocation Proceeding
| OST-98-4614 OST-98-3756 OST-98-3932 OST-98-3933 OST-98-3931 OST-98-3872 OST-98-3757 |
October 29, 1998 | Reply of American
Airlines to Objections of Delta Air Lines and the Georgia/Atlanta Parties to
Order 98-10-21 |
1999 US-France Combination |
American has submitted the only application that would provide new U.S.-flag nonstop service to Paris to compete with a French-flag monopoly. Los Angeles-Paris is presently served nonstop by two French carriers, Air France and AOM French Airlines, and has no nonstop service operated by a U.S. carrier.! In fact, the market has been without U.S. carrier nonstop service since early 1996, when United withdrew. Restoration of such service would be the best use of seven of the additional frequencies that are available for allocation.
Counsel: American Airlines and Carl Nelson, 202.496.5647, carl_nelson@amrcorp.com
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