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Updated: Wednesday, May 26, 2004 11:26 AM

OST-2003-15126 - TAMPA - Colombia-Miami All-Cargo

Transportes Aereos Mercantiles Panamericanos, S.A.

May 6, 2003

OST-03-15126 - Colombia-Valencia, Colombia (Intermediate Point)-Miami All-Cargo

Application for an Exemtpion

TAMPA has been serving the Caracas market as an intermediate point for its Colombia-Miami service for several years and has strong commercial and economic ties with Venezuela shippers.

The U.S.-Colombia air Transport Agreement provides for service between Miami and Colombia via intermediate points. TAMPA holds exemption authority to serve Caracas, Venezuela, and has been granted Venezuela authority by the Department in the past. TAMPA notes that the overwhelming majority of its scheduled and charter flights in recent years have been third and fourth freedom charter flights between the United States and Colombia, with few -- if any – fifth freedom charters. Tampa’s primary focus remains the Colombia – U.S. market. It’s proposed service involving Valencia as an intermediate point will only strengthen its ongoing Colombia – Miami operations and enable TAMPA to better compete with other carriers serving the highly competitive Colombia – U.S. market.

Cited Dockets: OST-99-6593 | OST-00-6955

Counsel: Pillsbury Winthrop, John Gillick, 202-775-9800, jgillick@pillsburywinthrop.com


Filed May 6, 2003 | Issued May 8, 2003

OST-03-15126 - Colombia-Valencia, Colombia (Intermediate Point)-Miami All Cargo

Notice of Action Taken | Word

Exemption from 49 U.S.C. § 41301 to the extent necessary to permit TAMPA to serve Valencia, Venezuela, as an authorized intermediate point on TAMPA's existing Colombia-Miami all-cargo services.

By: Paul Gretch


OST-03-15126 - Colombia-Valencia-Miami/All Cargo

April 26, 2004

Application for Renewal of Exemption

Pursuant to 49 U.S.C. § 40109 and Subpart C of the Department’s Procedural Regulations, Transportes Aereos Mercantiles Panamericanos, S.A. hereby applies for renewal of its exemption from 49 U.S.C. § 41301 to permit it to engage in foreign scheduled air transportation of property and mail between a point or points in Colombia on the one hand, and Miami, Florida, on the other hand, via Valencia, Venezuela. TAMPA requests that this exemption authority be renewed for a period of at least one year.

TAMPA has been serving the Caracas market as an intermediate point for its Colombia‑Miami service for several years and has strong commercial and economic ties with Venezuela shippers.

Counsel: Pillsbury Winthrop, John Gillick, 202-775-9800, jgillick@pillsburywinthrop.com


OST-03-15126 - Colombia-Valencia-Miami/All Cargo

May 11, 2004

Answer of Arrow Air in Opposition to Application of TAMPA for Renewal of Exemption

TAMPA has asked the Department of Transportation to renew its exemption authority to engage in foreign all-cargo air transportation between Colombia and Miami via Valencia, Venezuela allowing it to carry third and fourth freedom traffic between Colombia and Valencia on the same flight with third and fourth freedom traffic between the U.S. and Colombia and, in addition, fifth freedom traffic between Miami and Venezuela. The authority to operate via Valencia should be denied because Arrow is being denied the right to carry third and fourth freedom traffic between the U.S. and points beyond Colombia, via a point in Colombia, and combine that traffic with third/fourth freedom U. S.-Colombia traffic. There is a basic failure to abide by the provisions of the U.S.-Colombia Air Transport Services Agreement and there is no basis to approve continuation of TAMPA'S authority via Valencia and carry any traffic to, from or via that point, until such time as Arrow's applications to operate to points beyond Colombia and carry traffic to, through and beyond, have been granted consistent with the terms of the bilateral.

Counsel: Lawrence Wasko and Jacquelyn Gluck, 202-862-4370, ldwasko@erols.com and jngluck@erols.com


OST-03-15126 - Colombia-Valencia, Colombia (Intermediate Point)-Miami All-Cargo

May 20, 2004

Reply of TAMPA to Answer of Arrow Air

As a preliminary matter, TAMPA has consulted with the Colombian CAA and has been informed that Arrow has never applied for the route Ecuador-Colombia-Miami. There is, therefore, no basis for Arrow to assert that “has been denied and continues to be denied” authority to carry freight to or from Ecuador via Colombia as it has in its Answer.

It is not the Colombian Government that is keeping Arrow out of the market – it is Arrow’s unwillingness to take advantage of the Colombian Government’s policy with respect to such operations. It should come as no surprise to Arrow that the Colombian Government is unwilling to make special arrangements for it. Although Arrow may view the Ecuador -Colombia -Miami market as a locked door, it is Arrow which holds the key. Arrow’s unwillingness to explore commercial options available to it under the Colombian policy is not a basis for denying TAMPA’s renewal.

Counsel: Pillsbury Winthrop, John Gillick, 202-775-9800, jgillick@pillsburywinthrop.com

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