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Updated: Wednesday, December 5, 2007 3:40 PM


OST-2004-19670 - Korean Air Lines and Northwest Airlines - US-Korea Codeshare

http://www.koreanair.com/
http://www.nwa.com/


Korean Air Lines Co., Ltd. and Northwest Airlines, Inc.

OST-2004-19670 - Statements of Authorization and Exemption - Korea-US Cargo Codeshare

November 15, 2004

Joint Application for Statements of Authorization and an Exemption

The Joint Applicants request authority to provide reciprocal codeshare services. The granting of such authority will serve the public interest by enabling the two carriers to expand their respective networks, by enhancing competition in the transportation of passengers and cargo between the U.S. and the Republic of Korea, and by affording the carriers greater flexibility to adjust and respond to the demands of the air transportation marketplace.

Korean and Northwest request blanket statements of authorization that permit:

(a) Korean to display the Northwest NW* code in conjunction with the foreign air transportation of persons, property, and mail on Korean flights between (1) points in the Republic of Korea, (2) points in the Republic of Korea and points in the United States (either nonstop or via intermediate points in third countries), (3) points in the Republic of Korea and points in third countries, and (4) points in the United States and points in third countries; and

(b) Northwest to display the Korean KE* code in conjunction with the foreign air transportation of persons, property, and mail on Northwest flights between (1) points in the United States, (2) points in the Republic of Korea and points in the United States (either nonstop or via intermediate points in third countries), (3) points in the United States and points in third countries, and (4) points in the Republic of Korea and points in third countries.

Counsel: Zuckert Scoutt, William Callaway, Jr., 202-298-8660, whcallaway@zsrlaw.com for Korean / Ronald Brower, 202-842-3193, ron.brower@nwa.com for Northwest



November 29, 2004

Re: Codeshare Agreement between Korean Air Lines and Northwest Airlines

Enclosed for submission in the referenced docket is a redacted version of (i) the Codeshare Agreement between Northwest Airlines, Inc. and Korean Air Lines Co., Ltd. and (ii) the Cargo Commercial Cooperation Agreement between Korean Air Lines Co., Ltd. and Northwest Airlines, Inc.

Counsel: Zuckert Scoutt, William Callaway, Jr., 202-298-8660, whcallaway@zsrlaw.com


November 30, 2004

Answer of United Air Lines

If Northwest is seeking the same type of unconditional blanket exemption authority in this docket that it has requested in docket OST-03-15191 and that United has requested in docket OST-04-19148, United does not oppose Northwest's exemption request so long as the Department grants United's application before (or, at the latest, contemporaneously with its approval of) Northwest's application. Such an outcome would only be fair because United's request, which is for similar authority, was filed two months before Northwest's.

Northwest cites two cases to support the assertion that its requested exemption "is comparable to the authority that has been granted to other U.S. air carriers." (citing exemptions granted to US Airways and Southern Air to serve Korea and third-country points beyond Korea). That US Airways exemption, which relates to code sharing with United, contains the limitation referenced above in text regarding points in third countries that have not signed an open skies agreement with the United States or for which US Airways does not already hold certificate or exemption authority. Notice of Action Taken dated July 9, 2003 (Docket OST-03-15399). The Southern Air exemption is inapposite (at least with respect to this issue) because, unlike Northwest's instant application (and the US Airways exemption), it does not involve passenger code sharing, but rather authorizes Southern Air to operate all-cargo service using its own aircraft. Notice of Action Taken dated May 28, 2002 (Docket OST-02-12262).

US Airways/Lufthansa's application in docket OST-03-15946

Counsel: Wilmer Cutler, Jeffrey Manley, 202-663-6670, jeffrey.manley@wilmerhale.com



December 3, 2004

Reply of Northwest Airlines

A number of U.S. air carriers, including Northwest, have asked the Department to award them comparable blanket exemption authority. Thus far, however, the Department has not granted these requests, denying the U.S. carriers a level regulatory playing field. In the context of this present proceeding, Northwest would like to receive blanket exemption authority comparable to the authority that the Department granted to American. Nevertheless, Northwest does not want the Department to delay at all in granting Northwest and Korean the necessary authority for them to institute the new reciprocal codeshare services described in the Joint Application. Accordingly, Northwest requests that the Department immediately proceed to:

  • Grant Northwest. and Korean the codeshare statements of authorization that they requested in the Joint Application, and
  • Grant Northwest a new exemption under the Open Skies Agreement, subject to the historic limitation on third‑country services that was omitted from American's exemption.

Joint Application of Northwest Airlines, Inc. and KLM Royal Dutch Airlines, Docket OST-2003-15191, filed May 6, 2004; 
Joint Application of US Airways, Inc. and Deutsche Lufthansa AG, Docket OST-2003-15946, filed May 25, 2004; 
Application of United Air Lines, Inc., Docket OST-2004-19148, filed Sept. 15, 2004. 
Though it has not yet filed its own application, Continental Airlines, Inc. also has requested this sort of blanket exemption authority. Answer of Continental Airlines, Inc., Docket OST-2004-19148, filed Sept. 29, 2004.

By: Northwest, Ronald Brower, 202-842-3193, ron.brower@nwa.com



Filed November 15, 2004 | Issued January 24, 2005

Notice of Action Taken | Word

Permit Korean to display the "NW" code of Northwest on flights operated by Korean between (1) points in the Republic of Korea, (2) points in the Republic of Korea and points in the United States (either nonstop or via intermediate points in third countries), (3) points in the Republic of Korea and points in third countries, and (4) points in the United States and points in third countries.

Scheduled foreign air transportation of persons, property, and mail from points behind the United States via the United States and intermediate points to a point or points in the Republic of Korea and beyond, and to integrate this authority with other existing certificate and exemption authority held by Northwest. Northwest intends to use this authority pursuant to a code-share arrangement with Korean.

Permit Northwest to display the "KE" code of Korean on flights operated by Northwest between (1) points in the United States, (2) points in the Republic of Korea and points in the United States (either nonstop or via intermediate points in third countries), (3) points in the United States and points in third countries, and (4) points in the Republic of Korea and points in third countries.

By: Paul Gretch



April 6, 2005

Notice of Additional Codesharing

The carriers intend to display Korean's airline designator code ("KE), for purposes of connecting foreign air transportation, on flights operated by Northwest between Los Angeles, California and Memphis, Tennessee on or after thirty days from today.

The carriers originally planned to place Korean's designator code on Northwest's Chicago‑Memphis flights, but have now decided to provide the international codeshare services to and from Memphis via Los Angeles.

Counsel: Zuckert Scoutt, William Callaway, 202-298-8660, whcallaway@zsrlaw.com for KAL / Northwest, Ronald Brower, 202-842-3193, ronald.brower@nwa.com



August 15, 2005

Notice of Additional Codesharing

Korean Air Lines Co., Ltd. and Northwest Airlines, Inc. hereby give notice of additional codesharing services, pursuant to condition (c) of the codeshare statements of authorization granted by the Department in this docket. The carriers intend to display Northwest's airline designator code ("NW*"), for purposes of connecting foreign air transportation, on flights operated by Korean between Pusan, Korea and Osaka, Japan beginning on or after thirty days from today.

Counsel: Korean - Zuckert Scoutt, William Callaway, 202-298-8660, whcallaway@zsrlaw.com
Northwest - Northwest, Ronald Brower, 202-842-3193, ronald.brower@nwa.com



September 27, 2006

Notice of Additional Codesharing

The carriers plan to commence the codeshare services listed below on or after 30 days from today:

  1. KE* on flights operated by Northwest between Korean’s U.S. gateways and:
    Detroit, Michigan
    Memphis, Tennessee
    Minneapolis, Minnesota
    Las Vegas, Nevada
  2. NW* on transpacific flights operated by Korean:
    Chicago, Illinois - Seoul, Korea
    Seattle, Washington - Seoul
    Los Angeles, California - Narita, Japan
  3. NW* on intra-Asia flights operated by Korean:
    Tokyo- Seoul, Korea
    Osaka- Seoul, Korea
    Tokyo- Pusan
    Osaka-Pusan

Counsel: Zuckert Scoutt, William Callaway, 202-298-8660, whcallaway@zsrlaw.com for Korean / Alexander Van der Bellen, 202-842-4184, sascha.vanderbellen@nwa.com for Northwest



OST-2004-19670 - Statements of Authorization and an Exemption - US-Republic of Korea
OST-1996-1273 - Exemption - US-India

November 17, 2006

Application for Renewal of Exemptions

Northwest hereby requests renewal of certain Open Skies exemptions authorizing Northwest to provide scheduled foreign air transportation of persons, property and mail as follows:

  • from a point or points in the United State, via intermediate points, to a point or points in Korea, and beyond.
  • from a point or points in the United State, via intermediate points, to a point or points in India, and beyond.

Northwest requests renewal of these exemptions for a period of at least two years.

Counsel: Northwest, Alexander Van der Bellen, 202-842-4184, sascha.vanderbellen@nwa.com



December 28, 2006

Notice of Additional Codesharing

The carriers plan to commence the following codeshare services on or after 30 days from today's date: NW* on cargo flights operated by Korean between Anchorage, Alaska and New York, New York (JFK).

The effect of this filing will be to enable Northwest to place its NW* code on the ANC-JFK segment of Korean's existing ICN-ANC-JFK scheduled all-cargo flights. NW already holds authority to place its NW* code on the ICN-ANC segment of these flights by virtue of the initial application filed with the Department in this docket on November 15, 2004.

Counsel: Zuckert Scoutt, William Callaway, 202-298-8660 for KAL / Northwest, Alexander Van der Bellen, 202-842-4184


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