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Order 2003-9-9 - 2002/2003 US-Hong Kong Fifth-Freedom All-Cargo Frequency Proceeding

2002/2003 US-Hong Kong Fifth Freedom All-Cargo Frequency Proceeding

Order 03-9-9
OST-02-14049

Issued and Served September 12, 2003

Final Order | Word

We share FedEx's desire to maximize the use of the available frequencies. However, FedEx's proposed approach is focused only on the city caps. Since our awards here will not duplicate the pendente lite authority, the overall year-one and year-two frequency limits could be reached as carriers initiate their services, even though the frequency cap for a particular city being served under pendente lite authority might not be exceeded. Therefore, in responding to FedEx's request, we must also take account of the overall cap on fifth-freedom frequencies.

We have determined that the best approach is for all selected carriers in this proceeding to notify the Department and all parties to this case of their plans for the institution of service under the present allocations. We ask that this notice be provided within seven calendar days of the service of this order (this is equally applicable for first-year and second-year allocations). Only once we have a complete picture of proposed inauguration of service with frequencies allocated in this case will we be in a position to know how long (but in any event not to exceed 90 days) pendente lite frequency holders may continue operating.

By: Susan McDermott

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