Aerovias Nacionales de Colombia, S.A.

OST-2003-15898 - Exemption - Bogota-Ft. Lauderdale

August 8, 2003

Application for Exemption Authority and Statement of Authorization

Aerovias Nacionales de Colombia, S.A., hereby applies for exemption authority, pursuant to 49 U.S.C. sections 40109 and 41301, to conduct scheduled foreign air transportation of persons, property and mail between Bogota, Colombia and Ft. Lauderdale, Florida. Avianca also applies for a Statement of Authorization to carry the code of Aerolineas Centrales de Colombia, S.A. on such operations.

This application essentially involves the substitution of Avianca for its joint venture partner, ACES, in the current operation of daily Bogota - Ft. Lauderdale service. The Department authorized ACES on October 31, 2002 to operate scheduled service on that route and ACES currently provides a daily roundtrip flight. That service has been successful for the carrier and the travelling public. However, due to a fleet restructuring program involving both carriers in the Summa Alliance, the ACES aircraft used in this operation may be returned to its lessors shortly. In order to ensure continuation of the service, it is necessary to substitute Avianca aircraft and crews starting on August 23, 2003. Therefore, urgent action is requested.

The current Bogota - Ft. Lauderdale daily flight operated by ACES has devloped into a popular and successful service since its start in December 2002. In the past two months over 5,700 revenue passengers used the service, generating load factors of 68% in June and 76% in July. The service is clearly providing significant public benefits as an alternative for travelers between Bogota and South Florida whose origin or destination is closer to Ft. Lauderdale International Airport than to the Miami airport.

Counsel: Zucker Scoutt, Richard Mathias, 202-298-8660

August 13, 2003

Re: Polling Letter

This is to advise you that all persons served copies of the above-referenced application have been contacted and have informed my office that they do not oppose the application.

Counsel: Zuckert Scoutt, Richard Mathias, 202-298-8660

Filed August 8, 2003 | Issued August 15, 2003

Notice of Action Taken | Word

Exemption under 49 U.S.C. 41309 to permit AVIANCA to conduct scheduled foreign air transportation of persons, property and mail, between Bogota, Colombia, and Ft. Lauderdale, Florida, and a Statement of Authorization under 14 CFR Part 212 to permit AVIANCA to carry the code of Aerolineas Centrales de Colombia in the conduct of these operations.

By: Paul Gretch

September 25, 2007

Application for Renewal of Exemption

Aerovias del Continente Americana, S.A. hereby applies for renewal of its exemption authority to conduct foreign air transportation of persons, property and mail between Bogota, Colombia, and Ft. Lauderdale, Florida. This authority was granted to Avianca when it replaced the previously authorized Bogota-Ft. Lauderdale service of its affiliated carrier, Aerolineas Centrales de Colombia. (NOAT, August 15, 2003, Docket OST-2003-15898) In a related action in Docket OST-2002-14057 on October 15, 2003, the Department amended Avianca's statement of authorization to permit Avianca, rather than ACES, to carry Delta Air Lines' code between Bogota and Ft. Lauderdale for an indefinite period. The exemption authority, however, is a temporary authorization and, due to inadvertence, Avianca has not timely applied for its renewal. Accordingly, Avianca herein requests reinstatement of the exemption authority.

Counsel: Zuckert Scoutt, Richard Mathias, 202-298-8660, rdmathias@zsrlaw.com