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OST-04-17351 - USA 3000 - Detroit-Cancun
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Brendan Airways, LLC d/b/a USA 3000 Airlines OST-04-17351 - Exemption - Detroit-Cancun March 16, 2004 By this application, USA 3000 seeks an exemption from 49 U.S.C. §41101 to engage in scheduled foreign air transportation of persons, property and mail between the U.S. and Mexico as more fully described in Exhibit USA3K-100 herein. USA 3000 plans to begin service to Mexico on this route on or about May 1, 2004 or as soon thereafter as all necessary Mexican licenses have been obtained and/or amended, and service will be provided on a year-round basis. USA 3000 intends to operate these services with aircraft from its fleet of new, state-of-the-art, Airbus A-320 aircraft (168Y). The U.S. - Mexico Bilateral Air Services Agreement, as amended, permits each country to designate up to two (2) carriers for operation with their own aircraft of scheduled combination services between any pair of cities. USA 3000 understands that only Northwest Airlines is currently authorized and designated to provide service on the Detroit- Cancun city-pair, with one additional designation therefore currently available for allocation. Spirit Airlines, Inc. recently also applied for an exemption to provide scheduled service on the Detroit-Cancun route. See: March 2, 2004 application of Spirit Airlines, Inc. (Docket OST-04-17234). USA 3000 holds effective certificates of public convenience and necessity. See DOT Order 2001-12-22, Dockets OST-00-8029 & 8030 (interstate and foreign scheduled combination). USA 3000 also holds exemption authority for and currently operates U.S.-Mexico scheduled services between a number of U.S. points to points in Mexico, as well as both U.S.-Dominican Republic and U.S.-Bermuda scheduled combination services (See: NOAT's dated October 30, 2002 - Docket OST-02-13526; and February 20, 2004 - Docket OST-04-16916). Philadelphia-Cancun (Docket OST-02-11725); Baltimore-Cancun; Cincinnati-Cancun (Docket OST-02-13527); and Pittsburgh-Cancun (Docket OST-02-14000). Counsel: Pierre Murphy, 202-776-3980, pmurphy@lopmurphy.com
OST-04-17351 - Detroit-Cancun March 25, 2004 Grand Holdings, Inc. d/b/a Champion Air hereby answers in opposition to the above captioned application by USA 3000 Airlines submitted on March 16,2004, requesting exemption authorization to engage in scheduled foreign air transportation of persons, property and mail between Detroit, Michigan and Cancun, Mexico. Under the terms of the U.S.-Mexico Air Transport Services Agreement, the United States may designate up to two U.S. carriers to serve each eligible U.S.-Mexico City pair. At present, Northwest Airlines is designated to provide service between Detroit and Cancun, leaving one additional designation available for allocation. The competing applications of Spirit Airlines, USA 3000 Airlines, and Champion Air are mutually exclusive. Under the principles established by the Supreme Court in Ashbacker Radio Corp. v. FCC, the Department is required to conduct a carrier selection proceeding to choose the applicant whose proposal will generate the maximum public benefits. By: Champion Air, Curt Berchtold, 952-814-8785, curt.berchtold@championair.com OST-04-17351 - Exemption - Detroit-Cancun March 31, 2004 USA 3000 proposes to serve the Detroit-Cancun market only twice per week, which would effectively squander a scarce designation. As Spirit made clear in its Reply to USA 3000 filed yesterday in Docket OST-2004-17234 Spirit's Detroit-Cancun service proposal is superior to USA 3000's in every way, and should be granted without delay. Counsel: Garfinkle Wang, Anitia Mosner, 703-294-5890
2004 US-Mexico Combination Service Proceeding Order 04-07-17 Issued and Served July 21, 2004 By this order we: (1) institute the 2004 U.S.-Mexico Combination Service Proceeding to select one primary and one backup carrier, to provide foreign air transportation of persons, property, and mail over the following transborder routes: Denver-Cancun, Denver-Puerto Vallarta, Detroit-Cancun, and St. Louis-Cancun; (2) consolidate the already-filed captioned applications into this new proceeding; and (3) direct the applicants to file the requested information, as set forth below.
By: Karan Bhatia OST-04-17234 - Spirit - Detroit-Cancun August 20, 2004 By Motion dated August 18, 2004, United Airlines requested, among other things, that the Department remove Champion as a party to the Denver-Cancun/Puerto Vallarta portion of the US-Mexico 2004 Combination Service Proceeding because of Champion’s failure to file Direct Exhibits in this Proceeding, or otherwise prosecute its pending requests for U.S.-Mexico authority. Spirit Airlines hereby files this Motion to request that, to the extent that the DOT decides to dismiss Champion’s request for Denver-Mexico authority, it should do the same with respect to Champion’s request for Detroit-Cancun authority, as Champion failed to submit Direct Exhibits or otherwise respond to the requests for information required by Order 04-7-17 with regard to that city-pair. Counsel: Garfinkle Wang, Anita Monser, 703-294-5890 OST-04-17470 - Frontier - St. Louis-Cancun August 20, 2004 Answer of USA 3000 to Motions of United and Spirit and Motion of USA 3000 In addition to supporting the dismissal of Champion's applications in the Denver-Cancun, Denver‑Puerto Vallarta, and Detroit‑Cancun portions of this proceeding sought by United and Spirit in their motions, USA 3000 would also urge that Champion's other application in the St. Louis‑Cancun portion of this proceeding be similarly dismissed for the same fundamental reasons advanced by United and Spirit, and to the extent necessary, USA 3000 so moves. Neither USA 3000 nor the other competing applicant for St. LouisCancun transborder city‑pair should be put to the trouble and expense of trying to rebut direct exhibits which do not exist. Counsel: Pierre Murphy, 202-776-3980, pmurphy@lopmurphy.com |
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