Order 2002-2-2 - US-Brazil Combination Frequencies

Order 2002-2-2 - US-Brazil Combination Frequencies - Order on Reconsideration

U.S. Carrier Dormancy Waivers, Delta Air Lines, Inc. and U.S.-Brazil Combination Frequencies (Atlanta-Rio de Janeiro)

Order 2002-2-2
OST-2001-10782
OST-2001-11065

Issued February 4, 2002
Served February 4, 2002

Order on Reconsideration

U.S.- Brazil Combination Frequencies (Atlanta-Rio de Janeiro); U.S. Carrier Dormancy Waivers

By this order, we grant the petition of Delta Air Lines for reconsideration of Order 2001-11-15 and, upon reconsideration, affirm, with one exception, our decision in that order. Specifically, we affirm our decision to require all U.S. carriers holding blanket dormancy waivers to file a notice no later than February 15, 2002, in Docket OST-2001-11065, listing each limited-entry market in which they will not resume service beginning April 1, 2002. We have decided to modify our decision in Order 2001-11-15 with respect to the filing of requests for further dormancy waivers in the U.S.-Brazil market. Carriers holding U.S.-Brazil service frequencies will be required to file any requests for further dormancy waivers by February 15, 2002, the same date that they are required to file notice of their U.S.-Brazil frequency utilization.

Given Delta's current temporary use of frequencies in the U.S.-Brazil market, we believe that establishing a specific due date for further dormancy waiver requests is justified. It is not unreasonable to expect that by February 15, carriers will have made plans to resume service in a particular market if they are going to do so. A specific date will also afford Delta more accurate information on which to make its plans with respect to its expanded Atlanta-Brazil services. Indeed, we note that with respect to its request here, Delta has stated: "Whatever date the Department establishes for carrier notices of U.S.-Brazil frequency utilization should also be the due date for any Brazil dormancy waiver requests."

By: Read Van de Water