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OST-2003-16445 - United Air Lines - US-Ukraine Third-Country Codeshare
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United Air Lines, Inc. OST-03-16445 - US-Ukraine Third-Country Codeshare Opportunity and Frequency Allocation and Notice of Route Integration (Munich-Kiev with Lufthansa CityLine) October 30, 2003 Application for Codeshare Opportunity and Frequency Allocaiton and Notice of Route Integration Hereby applies for: 1) one of the four third- country code-share opportunities available under the May 10, 1995 bilateral Memorandum of Consultations between the governments of the U.S. and Ukraine; and 2) three and one-half additional U.S.-Ukraine combination service frequencies under that same agreement.' United also gives notice of its integration of United's route authority on its Certificates of Public Convenience and Necessity for Route 669 (U.S.-Kiev) and Route 57 (U.S.-Munich). United requests this authority in order to engage in third-country code-share operations between the U.S. and Kiev, Ukraine via Munich, Germany, with Lufthansa CityLine. Swiss and American have notified the Department that they are terminating their code-share services between Zurich and Kiev, effective October 26, 2003. Notice of Swiss International Air Lines Ltd. dlb/a Swiss of Cease of Codesharing Services, Docket OST-02-12001 Counsel: United and Wilmer Cutler, Jeffrey Manley, 202-663-6670, jmanley@wilmer.com OST-03-16445 - US-Ukraine Third-Country Codeshare Opportunity and Frequency Allocation and Notice of Route Integration - Munich-Kiev November 13, 2003 Emergency Motion for Pendente Lite Codeshare Opportunity and Frequency Allocation Hereby requests by this motion the issuance on a temporary pendente lite basis of the authority it has requested in this docket by its application dated October 30, 2003. Specifically, United seeks a pendente lite designation for one of the four U.S.-Ukraine third-country code-share opportunities and pendente lite allocation of three and one-half additional U.S.-Ukraine combination service frequencies) The requested third-country code-share opportunity and frequencies are currently unused and immediately available, and United respectfully requests that the Department grant it pendente lite authority to utilize them to engage in third-country code-share operations between the U.S. and Kiev, Ukraine via Munich, Germany, with Lufthansa CityLine pending completion of a carrier selection proceeding to determine the long-term disposition of these rights. Counsel: United and Wilmer Cutler, Jeffrey Manley, 202-663-6670, jmanley@wilmer.com OST-03-16445 - US-Ukraine Third-Country Codeshare Opportunity and Frequency Allocation and Notice of Route Integration - Munich-Kiev (United Air Lines) November 13, 2003 Motion of United Air Lines to Consolidate United on October 30, 2003 filed an application for American's unused third‑country code‑share opportunity and 3.5 code‑share frequencies under the U.S.Ukraine ASA. American had previously operated code‑share services to Kiev, Ukraine in conjunction with Swiss International Airlines dfb/a Swiss via Zurich, but that service terminated on October 26, 2003. United proposes to offer daily service to Kiev in conjunction with Lufthansa CityLine starting on November 29, 2003. Because there are two applications for the only third-country code-share opportunity that is available under the U.S.-Ukraine ASA, the applications of American and United are mutually exclusive. The requests for frequencies are not mutually exclusive because there are 7.5 unallocated frequencies available. United and American seek a total of only 6 frequencies. Because, however, neither United nor American can use the frequencies it requests without the third-country code-share opportunity, the Department should consider their frequency allocation applications in the same consolidated proceeding as the third-country code-share opportunity. Counsel: United and Wilmer Cutler, Jeffrey Manley, 202-663-6670, jmanley@wilmer.com OST-03-16445 - US-Ukraine Third-Country Codeshare Opportunity and Frequency Allocation and Notice of Route Integration - Munich-Kiev (United Air Lines)
November 14, 2003 United's application to codeshare to Ukraine with CityLine should be denied without further procedures. While United may argue that a formal carrier-selection proceeding is required, the facts here provide a sound basis for summary judgment. Indeed, there is compelling precedent for the Department to handle United's application in such a manner. Several years ago, Delta filed a bare notice that it was switching partners from Swissair to Air France to provide third-country codeshare service to Egypt via Paris. American filed a competing application to secure the designation with Swissair, urging that Delta could not change partners without authorization. While the Department found that authorization was required, and that Delta could not simply announce its switch, the Department went on to conclude that Delta and Air France should be awarded the remaining designation based on the existing pleadings and without further procedures. See Order 2000-10-14, October 16, 2000 (show-cause); finalized by Order 2000-11-2, November 2, 2000. The Department should reach the same result here. Counsel: American, Carl Nelson, 202-496-5647, carl.nelson@aa.com
November 14, 2003 Consolidated Answer of Continental Airlines American and United have each applied for the one remaining Ukraine codeshare opportunity available upon termination of the American/Swiss Ukraine codeshare service. With two applications pending before the Department, the time has come for the Department to issue a notice requesting applications for the Ukraine codeshare opportunity so it can provide comparative consideration to all applicants seeking such authority. Since only one codeshare opportunity is available and two applicants have sought it, Ashbacker principles require comparative consideration, and the Department has considered similar applications comparatively in the past. To ensure the full range of choices are presented to the Department, it should issue a notice instituting a proceeding and requesting applications for the Ukraine codeshare opportunity which American and Swissair will no longer be using. Counsel: Continental and Crowell & Moring, Bruce Keiner, 202-624-2615 OST-03-16445 - Munich-Kiev November 24, 2003 Hereby answers the two motions submitted in this docket by United Air Lines, Inc. on November 13, 2003, one seeking pendente lite authority to codeshare between Munich and Kiev on Lufthansa CityLine's 80-seat AVRO regional jet aircraft, and the other to consolidate this docket with American's application in OST-2002-12550 to codeshare between London Heathrow and Kiev on British Airways' 149-seat A320 aircraft. As we stated in our answer of November 14, 2003 to United's application in this docket - which we hereby incorporate by reference - United's proposal to codeshare with CityLine between Munich and Kiev is totally without merit, and should be denied on the basis of existing pleadings and without further procedures. Counsel: AA, Carl Nelson, 202-496-5647, carl.nelson@aa.com OST-03-16445 - Munich-Kiev November 25, 2003 Consolidated Reply of United Air Lines American has urged the Department to conduct a comparative carrier selection proceeding without requesting the filing of additional evidence or information and United agrees, subject to concerns relating to a possible Continental application. The basis for American's request is the U.S.-Egypt Third-Country Code-Share Opportunities proceeding, Docket OST-00-6982. In that case, the Department had sufficient evidence in the pleadings and from public, officially noticeable data to make a selection without further evidentiary submissions. Moreover, there were only two applicants in the accept the results of a truncated procedure without further contest. Order 00-11-2. Here, by comparison, at least three carriers appear to be interested in the frequencies available, one of which, Continental, has not indicated a willingness to acquiesce in an award of frequencies without the opportunity for submission of further pleadings and evidence and a full comparative evaluation of the competing applications. Assuming that there are only two applicants, however, United urges that proceedings such as those followed in the U.S. -Egypt case be applied and that United be selected based on the discussion below. Counsel: Wilmer Cutler, Jeffrey Manley, 202-663-6670 OST-03-16445 - US-Ukraine Third-Country Codeshare Opportunity and Frequency Allocation and Notice of Route Integration (Munich-Kiev) March 26, 2004 Supplemental Application of United Air Lines United proposes to start code-share services between the U.S. and Kiev via Munich as soon as all necessary governmental authorities have been received. To that end, United will move to seek the necessary approvals from the government of Ukraine immediately upon receipt of the authorizations it has requested in this proceeding. United will offer daily code-share service between the U.S. and Kiev via Munich on a year-round basis, except at Miami which is seasonal and less than daily. United requires 3.5 frequencies under the U.S.-Ukraine bilateral air services agreement to offer these services. Counsel: United and Wilmer Cutler, Jeffrey Manley, 202-663-6670 OST-03-16445 - US-Ukraine Third-Country Codeshare Opportunity and Frequency Allocation and Notice of Route Integration (Munich-Kiev) March 30, 2004 Re: Supplemental Attachment - Errata Notice Please note that footnote 4 on p. 4 of the referenced Supplemental Application erroneously states that flights between Newark, NJ, and Munich, Germany are operated by PrivatAir GmbH. In fact, those flights are operated by PrivatAir, SA, a Swiss company. Accordingly, the text of section (g) of the Supplemental Application should be revised to read as follows: "(g) United has performed safety audits of Lufthansa, CityLine and PrivatAir, SA and those audits have been reviewed and cleared by the FAA. United will re-audit these carriers as necessary and report the results to the FAA." Counsel: Wilmer Cutler, Jeffrey Manley, 202-663-6670, jeffrey.manley@wilmer.com |
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