OST-03-14394 America West - Phoenix-Guadalajara Codeshare with Freedom

OST-03-14394

America West Airlines, Inc.

OST-03-14394	January 28, 2003	Application for an Exemption	Phoenix-Guadalajara
		Service List

Application of America West Airlines, Inc. pursuant to 49 U.S.C. Section 40109 and Subpart C, 14 CFR Section 302.301 et seq., requesting an exemption for a least two years from 49 U.S.C. Section 41101, to display its HP designator code on combination flights operated by Freedom Airlines, Inc. between Phoenix, Arizona and Guadalajara, Mexico.

Respectfully requests an exemption effective for at least two years from 49 U.S. C.§ 41101 and any other relief necessary to authorize America West to display its "HP" designator code on combination flights operated by Freedom Airlines, Inc. between Phoenix, Arizona and Guadalajara, Mexico using a CRJ Model 700, 64-seat aircraft. America West intends to begin the codeshare operations on May 1, 2003, or as soon as all required authorizations have been obtained. America West therefore respectfully requests the Department grant it an exemption effective immediately to allow the Company to pursue advance marketing and sales activities. In addition, America West respectfully requests that the Department issue a notification of its authorization to codeshare with Freedom on the PHX-GDL route to the extent necessary under the August 15, 1960, Air Transport Agreement Between the Government of the United States of America and the Government of the United Mexican States.

America West seeks an exemption authorizing it to serve the PHX-GDL market for at least two years. America West will serve these markets only through its codesharing relationship with Freedom. Pursuant to this relationship, Freedom will conduct the operations and display the "HP" designator code.

Counsel: Baker Hostetler, Joanne Young, 202 861-1532

Freedom Air's Application in OST-03-14318

America West Airlines, Inc.

OST-03-14394

Filed January28, 2003
Issued February 26, 2003

Notice of Action Taken

Microsoft Word

Phoenix-Guadalajara

Exemption for two years under 49 U.S.C. 40109 to provide the following service: Scheduled foreign air transportation of persons, property, and mail between the terminal point Phoenix, Arizona, and Guadalajara, Mexico. America West proposes to use the requested authority by placing its airline designator code on flights operated by Freedom Airlines, Inc., in the subject market.

By: Paul Gretch

July 1, 2003

OST-03-14394 - Phoenix-Guadalajara

Application for Extension of Dormancy Period

Counsel: Baker Hostetler, Joanne Young, 202-861-1532, jyoung@bakerlaw.com

July 9, 2003

OST-03-14394 - Phoenix-Guadalajara

Re: Polling Letter

Correspondence from America West Airlines, Inc., confirming with Ms. Linda Lundell that a completed polling of all persons on the service list has been done, and there are no objections to the approval of the requested exemption.

Counsel: Baker Hostetler, Joanne Young, 202-861-1532, jyoung@bakerlaw.com

Filed July 1, 2003 | Issued July 22, 2003

OST-03-14394 - Phoenix-Guadalajara

Approval of Application

By: Linda Lundell

August 12, 2003

OST-03-14394 - Phoenix-Guadalajara

Application for Extension of Dormancy Period Until September 27, 2003

On February 26, 2003, the Department of Transportation granted America West Airlines, Inc. an exemption effective for two years from February 25, 2003, authorizing it to display its "HP" designator code on combination flights operated by Freedom Airlines, Inc. between Phoenix, Arizona ("PHX") and Guadalajara, Mexico ("GDL"). The exemption is subject to the condition that America West initiate the proposed service within 90 days of the dormancy period which began May 1, 2003. America West previously applied for and was granted an extension of the dormancy period to August 13, 2003.2 America West respectfully requests a further extension of the dormancy period to September 27, 2003. The extension is necessary to accommodate Freedom, which is pursuing required operating authority from the Mexican Government.

Freedom also applied for and was granted an exemption to operate these flights subject to the dormancy condition. In its initial application for an extension of the dormancy period (filed June 27, 2003, in Docket No. OST-2003-14318), Freedom sought a 15-day extension of the dormancy period in order to seek necessary operating authority from the Mexican Government. Subsequently - and after America West had already requested an extension of the dormancy period on its exemption to August 13, 2003 Freedom requested a 60-day extension of the dormancy period on its exemption to September 27, 2003. The Department granted this request.

Counsel: Baker Hostetler, Joanne Young, 202-861-1532, jyoung@bakerlaw.com

August 21, 2003

OST-03-14394 - Phoenix-Guadalajara

Re: Withdrawal Letter

On August 12, 2003, America West filed an Application to extend the dormancy period for America West Express service on a code share with Freedom Airlines in the Phoenix - Guadalajara market until September 27, 2003.1 On July 22, 2003, the Department had approved an initial extension of the dormancy period through August 13, 2003 because of delays by the Mexican authorities in approving the Freedom Service. Several days after the August 12 filing advising of continuing delays, we were advised by the Air Carrier Licensing Division that Order 2003-4-18 granting temporary waivers of dormancy conditions applied to cross-border service to Mexico. We had previously been advised that the blanket waivers did not apply to Mexico. In view of the Department's determination that this service is covered by the blanket order, we are withdrawing the Application.

Counsel: Baker Hostetler, Joanne Young, 202-861-1532

OST-03-14394 - Exemption - Phoenix-Guadalajara, Mexico

Filed August 12, 2003 | Action September 9, 2003

Action of Dormancy Extension

Decision approving the application (reactivion of dormant exemption authority for the Phoenix-Guadalajara market). New dormancy date for the Phoenix-Guadalajara market is December 8, 2003.

By: Linda Lundell