OST-99-5616
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OST-99-5616
| OST-99-5616 | April 30, 1999 | Motion for Confidential Treatment | Certificate of Public Convenience and Necessity |
| Application
for Certificate of Public Convenience and Necessity With Exhibits 4-9 |
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| Service List | |||
| Exhibits Index | |||
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Exhibit 1: Certificate of Good Standing |
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| Exhibit 2: Affidavit of Citizenship | |||
| Exhibit 3: Resumes and Questionnaires of Substantial Owners, Directors, Officers and Key Personnel | Questionnaire | |||
| Exhibit 4: Ownership | |||
| Exhibit 5: Current Financial Information | |||
| Exhibit 6: Compliance Information | |||
| Exhibit 7: Fleet Information | |||
| Exhibit 8: Enforcement History | |||
| Exhibit 9: Opening Statement (with Description of Service) | |||
| Exhibit 9A&9B: Potential New Air Markets: Fare Comparison; Noise Nontours at JFK | |||
| Exhibit 10:
Illustrative
Service Proposal (With Forecast Financials) Financials in Excel Format Notes to Financial Statements |
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| Exhibit 10 Figures 1-8: Illustrative Schedules, Preferred Stock Funding Schedule | |||
| Exhibit 11: OST Form 4523 & 6410 (filed separately) | |||
| Exhibit 12: 18 U.S.C. § 1001 Certification | |||
| Exhibit 13: Family Assistance Plan (filed separately) | |||
| Exhibit 14: Confidential Financial Documents (filed separately) | |||
| Exhibit 15: §§ 119.65 and 119.67 Affidavit with Confidential Attachment (attachment filed separately) | |||
| Attachment 1: Filed Separately Under Rule 39 Confidentiality Motion | |||
| Notice of Filing |
Counsel: Dow Lohnes
| OST-99-5616 | May 21, 1999 | Re: Resume of Chief Pilot | Certificate of Public Convenience and Necessity |
Counsel: Dow Lohnes, Heather Purcell
| OST-99-5616 | May 28, 1999 | Intl Assn. of Machinists and Aerospace Workers, AFL-CIO's Opposition and Objections | Certificate of Public Convenience and Necessity |
As stated in the IAM's Motion to Dismiss the Application of New Air for an Exemption, New Air cannot make the necessary showing for obtaining an exemption for the 75 slots it seeks. To, date, it has not identified which specific routes it intends to match with each slot. Instead, New Air has taken the unprecedented step of asking the DOT to grant it a blanket exemption which would give New Air the right to utilize the slots in any manner it sees fit over the next three years. As the IAM asserted in its Motion, the flexibility in the use of slots which New Air expects the DOT to allow cannot be reconciled with the Department's well-established criteria for awarding slot exemptions to the HDR; the application of which has effectuated the limited exception to the HDR imposed by Congress. Accordingly, absent congressional action to amend the current statute, New Air's application must be denied.
Counsel: Guerrieri Edmond, Robert Clayman, 202.624.7400
| OST-99-5616 | June 7, 1999 | Motion for Leave to File and Reply of New Air Corporation | Certificate of Public Convenience and Necessity |
New Air intends to become New York's low fare hometown airline, offering safe, new. state-of-the-art and customer-friendly jet service to markets that are currently without jet service or suffer from a lack of low fares. New Air believes that the New York City market, as the nation's busiest travel market and the only major metropolitan area without a large-scale low fare carrier, will respond favorably to the introduction of low fares. For these reasons and all of those stated in New Air's Certificate Application in the above captioned docket, the projection of a 65% load factor in the illustrative service proposal is a valid and reasonable business assumption that New Air has no plans to modify.
Counsel: Dow Lohnes, Jonathan Hill for New Air, 202.776.2725
| OST-99-5616 | June 9, 1999 | Request for Additional Information | Certificate of Public Convenience and Necessity - Interstate Scheduled |
By: DOT, Carol Woods, Air Carrier Fitness Division
| OST-99-5616 | June 15, 1999 | Re: Ruling on Motion of New Air for Confidential Treatment of Documents | Certificate of Public Convenience - Interstate Scheduled |
By: John Coleman, Office of Aviation Analysis
| OST-99-5616 | Dated June 17, 1999 Posted June 18, 1999 |
Re: Response of New Air Corp | Certificate of Public Convenience and Necessity - Interstate Scheduled |
Counsel: Dow Lohnes, Jonathan Hill for New Air, 202.776.2725
| OST-99-5616 | June 21, 1999 | Re: Resume and Questionnaire of Joe C. Peterson - Board of Directors | Certificate of Public Convenience and Necessity - Interstate Scheduled |
Counsel: Dow Lohnes, Jonathan Hill
| OST-99-5616 | June 21, 1999 | Re: Redacted Exhibit 15 | Certificate of Public Convenience and Necessity - Interstate Scheduled |
Counsel: Dow Lohnes, Jonathan Hill
| OST-99-5616 | June 25, 1999 | Redacted Exhibit(s) - Purchase of Series A-1 and Series A-2 Convertible Redeemable Preferred Stock Pt.1 | Pt.2 | Pt.3 - Note: Each Part is Approximately 3Mb |
Certificate of Public Convenience - Interstate Scheduled |
By: New Air
| OST-99-5616 | July 2, 1999 | Motion for Leave to File and Response of the International Association of Machinists and Aerospace Workers, AFL-CIO | Certificate of Public Convenience and Necessity |
In response to a series of questions posed by the Department, New Air provided additional information regarding its operational structure and financial capability. As shown below, New Air is far from curing the defects contained in its application for a certificate of public convenience and necessity. 49 U.S.C. § 41102. To date, New Air has neither selected all the directors essential to its operations nor has it promulgated requisite training procedures. It also has made a conflicting assignment of responsibility to its Director of Maintenance and Chief Inspector, neither of whom are currently qualified to oversee or perform maintenance on the A-320, the aircraft New Air intends to operate.
Counsel: Guerrieri Edmond, Robert Clayman for the IAM, 202.624.7400
| OST-99-5616 | July 14, 1999 | New Air Corporation - Additional Information | U.S. Air Carrier Interstate Certificate |
With this letter, New Air Corporation is bringing to a close all outstanding
matters, including the change of name of the carrier. This letter: 1) responds to the unauthorized pleading filed with the Department by the International Association of Machinists and Aerospace Workers on July 2, 1999; 2) provides the Department with updated information on several items relating to New Air’s certificate application in the above-referenced docket; and 3) officially notifies the Department of the corporation’s selection of its new name.Counsel: Dow, Lohnes & Albertson, Jonathan B. Hill, 202.776.2725, jhill@dlalaw.com
| OST-99-5085 | July 28, 1999 | Notification of Name Change | Exemption - High Density Rule - New JFK International Airport |
| OST-99-5616 | July 28, 1999 | Notification of Name Change | Certificate of Public Convenience and Necessity - Interstate Scheduled |
| Attachment: Amended and Restated
Certificate of Incorporation,
7/27/99
Scanned Copy |
As indicated in New Air's recent letter, dated July 14, 1999, to the Department, the corporate name of the company has changed. As of July 28, 1999, the documents necessary to change the corporate name have been filed with the State of Delaware and the company's name has been changed to JetBlue Airways Corporation. (Exhibit I attached hereto). JetBlue Airways Corporation requests that the caption for this proceeding be changed to reflect the company's new name and that all Orders relatives to this docket be issued in the name of JetBlue Airways Corporation.
Counsel: JetBlue and Dow Lohnes, Jonathan Hill, 202-776-2725
| Order 99-8-12 OST-99-5616 |
August 13, 1999 | Order to Show Cause Proposing Issuance of Certificate Authority | Certificate of Public Convenience and Necessity - Interstate Scheduled |
By: Brad Mims
| Order 99-8-26 OST-99-5616 |
Issued and Served August 31, 1999 | Final Order | Certificate of Public Convenience and Necessity - Interstate Scheduled |
By: Bradley Mims
New Air Corporation / JetBlue
| Order 00-2-7 OST-99-5616 OST-99-6662 |
Issued February 4, 2000 Served February 4, 2000 |
Order Confirming Oral Actions and Issuing Effective Certificate | Certificate of Public Convenience and Necessity - Interstate Scheduled |
| Certificate of Public Convenience and Necessity |
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| Service List |
JetBlue states that it still intends to begin certificated operations on or about February I I from New York/JFK to Buffalo with an A-320 aircraft, adding a second A-320 in the following week for service to Ft. Lauderdale. A third aircraft and market are expected to be added in March, with two more aircraft and markets to be added in June. By January 2001, JetBlue expects to be providing service to nine markets with ten A-320s.
The company filed revised statements of pre-operating expenses covering the year 1999 and the first month of 2000, and pro-forma traffic and income data for the first year of proposed actual operations (February 2000-January 2001). These documents indicate that JetBlue expects to have expended approximately $76.3 million as of the end of January 2000 for expensed and capitalized pre-operating needs. This figure is about $9.3 million higher than predicted in its original application. JetBlue's newly revised first-year operating cost projection of $115.6 million represents an increase of $17.5 million over its original projection. The new cost projection includes higher estimates for a number of items, including fuel, aircraft leases, landing fees, airport premises, and salaries.
We have examined JetBlue's revised data and find them to be reasonable. As a result of the preoperating and projected operating cost increases, however, the amount of resources to which JetBlue will need access in order to continue to meet our financial fitness criteria has correspondingly increased. Dividing the company's revised total first-year operating cost estimate of $115.6 million by four yields a three-month working capital reserve requirement of $28.6 million. With the preponderance of pre-operating expenses already paid, we have calculated that JetBlue's total start-up funds requirement is $28.6 million. The company provided an update of the stockholder investment payments it has received. At the time of its application, JetBlue anticipated investments totaling $128.2 million. Its most recent accounting showed total investment received as $129.2 million. The company's banks verified that as of January 3, JetBlue had deposited funds available to it totaling $52.3. Thus, the company, at that time, had access to approximately $23.7 million more than is required to meet our financial fitness criteria.
By: Randall Bennett
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