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OST-2004-17479 - USA 3000 - St. Louis-Cancun/Cozumel
http://www.usa3000airlines.com/
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USA 3000 Airlines OST-2004-17479 - Exemption - St. Louis-Cozumel April 2, 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. USA 3000 understands that only American Airlines is currently authorized and designated to provide service on the St. Louis- Cancun city-pair, and no U.S. carrier currently appears to be operating service on the St. Louis -Cozumel city pair. On the basis that no U.S. carrier is currently operating scheduled service in the St. Louis-Cozumel city pair and, as far as USA 3000 is aware, there is no application pending for service on this route, both bilateral designations for St. Louis-Cozumel would appear to be available. Champion Air recently also applied for an exemption to provide scheduled services on a variety of routes including, inter alia St. Louis-Cancun. See: March 24, 2004 application of Champion Air (Docket OST-04-17408). Counsel: Pierre Murphy, 202-776-3980, pmurphy@lopmuprhy.com
OST-04-17470 - Frontier - St. Louis-Cancun April 8, 2004 On April 1, 2004 Frontier Airlines, Inc. applied for authority to provide scheduled service between St. Louis, Missouri and Cancun, Mexico. On April 2, USA 3000 Airlines filed an application to operate service on this route and on March 24 Champion Air filed an application to operate service on this route. If true open skies existed between the U.S. and Mexico, Frontier would not object to the petitions of either Champion or USA 3000 to serve the STL-CUN market. However, given the fact that only one additional carrier can be designated and licensed to provide this service, the choice should be Frontier. In addition to introducing year-round scheduled service between STL and CUN, Frontier is working with the airport authority and the STL community to establish alternative travel options to various domestic and international locations from STL. Frontier would make far greater use of its STL-CUN route rights than would either USA 3000 or Champion. As the Department of Transportation stated when it recently allocated (Order 2004-4-1) Ronald Reagan Washington National Airport slots to Frontier. Frontier is a new entrant/limited incumbent with a record as a low-fare competitor that will help discipline the multiple markets that it serves via its Denver hub. If Frontier can add international service to its domestic presence in STL, that same discipline will be brought to all markets in STL. Moreover, by adding an international destination, Frontier’s base in STL will also expand. Counsel: Ungaretti & Harris, Edward Faberman, 202-639-7501, epfaberman@uhlaw.com
OST-04-17408 - Champion Air - St. Louis-Cancun April 16, 2004 Consolidated Answer and Motion of Champion Air for Consolidation Grand Holdings, Inc. d/b/a Champion Air hereby submits the following answer in support of its application and in opposition to the applications of Frontier Airlines, Inc. and USA 3000 Airlines for authority to operate nonstop service between St. Louis, Missouri and Cancun, Mexico. Champion Air also requests that the Department set down a simplified and expedited carrier selection proceeding consolidating the above-captioned applications and to establish uniform procedural dates for consideration of these applications. Champion Air objects to the applications of Frontier and USA 3000 for exemption authority in the St. Louis-Cancun city-pair market to the extent that these applications preclude Champion Air's applications for authority in this market. If true open skies existed between the U.S. and Mexico, Champion Air would not object to the petitions of either Frontier or USA 3000 to serve the St. Louis-Cancun market. However, given the fact that only one additional carrier can be designated and licensed to provide this service, the choice should be Champion Air. Champion Air understands that American Airlines holds one of the two designations in the St. Louis-Cancun market, leaving one designation available for allocation. By: Champion Air, Edward Davidson, 952-814-8785, edward.davidson@championair.com
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
Filed April 2, 2004 | Issued July 23, 2004 Scheduled foreign air transportation of persons, property, and mail between: (1) the terminal point St. Louis, Missouri, and the terminal point Cancun, Mexico; and (2) the terminal point St. Louis, Missouri, and the terminal point Cozumel, Mexico. No party opposed the applicant’s request for authority to serve the St. Louis-Cozumel market. By: Paul Gretch
OST-04-18692 - 2004 US-Mexico Combination Service Proceeding August 20, 2004 Motion of Frontier for Immediate Action By Order 04-7-17 the Department instituted this proceeding, in part, to select a carrier to operate scheduled service between St. Louis and Cancun. Frontier, Champion, and USA 3000 submitted applications for the St. Louis-Cancun authority. The Order established a procedural schedule for the filing of direct exhibits setting forth detailed information regarding each applicant's service proposals, and required the filing of certain additional documents. The Department also made clear that the provision of the information was mandatory, and stated "we expect all applicants to set out their firm proposals at the Direct Exhibit stage." (p. 6, footnote 8) As Champion failed to present any information or exhibits in the Denver-Cancun and Denver-Puerto Vallarta docket, it has also not submitted any of the information that the Department ordered to be submitted in the St. Louis-Cancun proceeding. On August 16, 2004, Frontier and USA 3000 filed the STL-CUN information required to be submitted under the Order. However, Champion has not filed any of the additional information set forth in the Order. Champion cannot be allowed to participate in this proceeding unless it provides all the requested information. If Champion had a valid basis for not submitting the information requested, it should have filed a motion. Since Champion has elected not to participate in this proceeding, its application for St. Louis-Cancun should be dismissed. Of course, Champion can continue to operate charter flights in this market. Counsel: Ungaretti & Harris, Edward Faberman, 202-639-7502, epfaberman@uhlaw.com
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
OST-04-18692 - 2004 US-Mexico Combination Service Proceeding August 20, 2004 Answer of Frontier Airlines to Motions of United and Spirit Frontier Airlines, Inc. files this answer in response to certain issues raised in the August 18 Motion of United Airlines, Inc. and the August 20 Motion of Spirit Airlines, Inc. seeking dismissal of the Denver-Cancun, Denver-Puerto Vallarta, and Detroit-Cancun exemption applications of Grand Air Holdings, Inc., d/b/a Champion Air, due to Champion's failure to prosecute its pending applications or to comply with any of the terms or requirements of the Instituting Order in the 2004 U.S.-Mexico Combination Service Proceeding (see: Order 2004-7-17 herein). This filing supplements Frontier's earlier filing of today asking the Department of Transportation to dismiss to dismiss Champion's application for St. Louis-Cancun service since Champion has not filed documents in the STL-CUN proceeding. As to other issues raised by United and Spirit, Frontier does not support changing the briefing schedule set forth in Order 2004-7-17 nor does Frontier support elimination of the briefing requirement. Wherefore, Frontier again urges the Department to dismiss Champion's STL-CUN application. Moreover, Frontier opposes any proposal to accelerate or eliminate the briefing requirements. Counsel: Ungaretti & Harris, Edward Faberman, 202-639-7502, epfaberman@uhlaw.com
OST-04-17470 - Frontier - St. Louis-Cancun August 23, 2004 United's basis for requesting that the Department dismiss Champion's Denver-Cancun and Denver-Puerto Vallarta applications is identical to the motion submitted for Frontier to dismiss Champion's St. Louis-Cancun application and Spirit Airlines' motion to dismiss Champion's Detroit-Cancun application. Since Champion has elected not to participate in any of those proceedings, its applications for Cancun authority, including for the St. Louis‑Cancun authority, should be handled simultaneously, and dismissed at the same time. This is particularly so since the various Champion Cancun applications involve the same legal and factual issues. Counsel: Ungaretti & Harris, Edward Faberman, 202-639-7502, epfaberman@uhlaw.com
OST-04-17299 - United Air Lines - Denver-Cancun August 23, 2004 Consolidated Answer and Reply of United Air Lines United respectfully requests that the Department issue an order immediately granting United's exemption applications for Denver‑Cancun and Denver Puerto Vallarta service as requested in United's Motion for Immediate Action dated August 18, 2004. United objects to any delay in such action while the Department reviews the unrelated motions of Spirit, USA 3000 and Frontier. United also requests that the Department grant it such other and further relief as is deemed consistent with this consolidated answer and reply and the public interest. Counsel: Wilmer Cutler, Jeffrey Manley, 202-663-6670, jeffrey.manley@wilmerhale.com
OST-04-18692 - 2004 US-Mexico Combination Service Proceeding August 23, 2004 United's basis for requesting that the Department dismiss Champion's Denver-Cancun and Denver-Puerto Vallarta applications is identical to the motion submitted for Frontier to dismiss Champion's St. Louis-Cancun application and Spirit Airlines' motion to dismiss Champion's Detroit-Cancun application. Since Champion has elected not to participate in any of those proceedings, its applications for Cancun authority, including for the St. Louis‑Cancun authority, should be handled simultaneously, and dismissed at the same time. This is particularly so since the various Champion Cancun applications involve the same legal and factual issues. Counsel: Ungaretti & Harris, Edward Faberman, 202-639-7502, epfaberman@uhlaw.com
OST-2004-19966 - Exemption - Detroit-Cozumel January 17, 2006 Due to the current situation in the Cancun/Cozumel area following the recent hurricane and the resulting scarcity of available hotel rooms, USA 3000 hereby moves for a temporary dormancy waiver from the dormancy/start-up conditions with respect to its services between: (i) Detroit, MI and Cozumel, Mexico; and (ii) St. Louis, MO and Cozumel, Mexico. USA 3000 has been obliged to revise its service plans for the DTW-CZM and STL-CZM routes and it currently anticipates commencing service on these routes on or about December 15, 2006. Accordingly, USA 3000 requests a temporary waiver so that the 90-day dormancy period for DTW-CZM and STL-CZM commence on December 15, 2006. Counsel: Pierre Murphy, 202-776-3980, pmurphy@lopmurphy.com
OST-2004-17479 - St. Louis-Cancun/Cozumel March 17, 2006 Application for Renewal of Exemption Authority USA 3000 hereby applies for renewal of its Exemption authorizing USA 3000 to engage in scheduled combination air transportation on the following U.S.-Mexico route:
By Notice of Action Taken dated July 23, 2004, USA 3000 was granted authority for two years to conduct scheduled foreign air transportation of persons, property and mail on the route set out above. The authority granted is set to expire by its own terms on July 23, 2006. USA 3000, therefore, requests that its authority to conduct scheduled combination service on this route be extended by a further two years. Counsel: Pierre Murphy, 202-776-3980, pmurphy@lopmurphy.com
OST-2004-17479 - Exemption - St. Louis-Cozumel Filed March 17, 2006 | Issued June 2, 2006 Renew scheduled foreign air transportation of persons, property, and mail between St. Louis, Missouri, and Cozumel, Mexico. By: Paul Gretch
January 4, 2008 Application for Renewal of Exemption Authority USA 3000 has been successfully operating scheduled combination service on these routes, utilizing Airbus A-320 aircraft. Counsel: Pierre Murphy, 202-776-3980, pmurphy@lopmuprhy.com |
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