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Updated: Wednesday, August 6, 2008 11:45 AM


OST-2005-22619 - United Air Lines - Exemption - US-South Africa Codeshare with South African Airways

http://www.united.com/
http://ww1.flysaa.com/


United Air Lines, Inc. and South African Airways (PTY) Limited

OST-2005-22618 - US-South Africa Codesharing
OST-2005-22619 - Exemption - US-South Africa Codesharing
OST-2000-6756 - US- South Africa Codesharing
OST-1999-6555 - US- South Africa

Joint Application for Statements of Authorization and Exemption Authority

1. SAA requests a statement of authorization for code-share authority to display United's "UK' designator code on flights operated by SAA between Washington, D.C. and points in South Africa, via intermediate points, and to points beyond South Africa as listed on Appendix A.

2. United requests a statement of authorization for code-share authority to display SAA's "SA" designator code on flights operated by United between Washington D.C. and points in the United States as listed on Appendix A.

3. United requests that the Department grant it an exemption authorizing United to engage in scheduled foreign air transportation of persons, property and mail, in combination or separately, between any point or points in the United States, on the one hand, via the intermediate points, Frankfurt, London, Paris, and Zurich, without local traffic rights, and Johannesburg, Cape Town, Durban, East London, George and Port Elizabeth, South Africa, on the other hand, and beyond Johannesburg to Lusaka, Zambia; Kinshasa, Democratic Republic of the Congo (formerly Zaire); Nairobi, Kenya; and Windhoek, Namibia, without local traffic rights, pursuant to its code-share arrangement with SAA. In addition, United requests route integration authority to combine this exemption authority with its current certificate and exemption authority as permitted under applicable bilateral agreements. United requests that this exemption authority be granted for a period of at least two years.

Counsel: South African - Zuckert Scoutt, Frank Costello, 202-298-8660, fcostello@zsrlaw.com
United - Wilmer Cutler, Jeffrey Manley, 202-663-6670, jeffrey.manley@wilmerhale.com


OST-2005-22618 - Statements of Authorization - US-South Africa Codesharing
OST-2005-22619 - Exemption - US-South Africa Codesharing
OST-2000-6756 - US- South Africa Codesharing
OST-1999-6555 - US- South Africa

December 14, 2005

Addendum to Codeshare Agreement

Attached please find a copy of an Addendum dated November 30, 2005, to the Code Share and Regulatory Cooperation Agreement between United and South African Airways as referenced in the Joint Application filed in the above‑referenced dockets on September 29, 2005. That Addendum amends certain terms of the Agreement.

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


OST-2005-22618 - US-South Africa Codesharing
OST-2005-22619 - US-South Africa Codesharing
OST-2000-6756 - US- South Africa Codesharing
OST-1999-6555 - US- South Africa

Filed September 29, 2005 | Issued December 23, 2005

Notice of Action Taken

Display South African Airways’ (SAA) code on flights operated by United between Washington DC and the following points in the United States: Boston, Chicago, Cleveland, Dallas/Ft. Worth, Denver, Ft. Lauderdale, Las Vegas, Los Angeles, San Diego, San Francisco, and Seattle.

Scheduled foreign air transportation of persons, property and mail, in combination or separately, between any point or points in the United States, on the one hand, via the intermediate points Frankfurt, London, Paris, and Zurich, without local traffic rights, and Johannesburg, Cape Town, Durban, East London, George, and Port Elizabeth, South Africa, on the other hand, and beyond Johannesburg to Lusaka, Zambia; Kinshasa, Democratic Republic of the Congo (formerly Zaire); Nairobi, Kenya; and Windhoek, Namibia, without local traffic rights, pursuant to a code-share arrangement with SAA.’ United also requests route integration authority to combine this exemption authority with its current certificate and exemption authority as permitted under applicable bilateral agreements.

United currently holds a certificate for Route 747 authorizing United to serve between any points in the U.S., via any intermediate points in third countries, and the coteminal points Johannesburg and Cape Town, South Africa, and beyond South Africa to Harare, Zimbabwe. United states that since the code-share services proposed herein exceed the scope of this existing certificate authority, United is requesting exemption authority that is broad enough to encompass all of its code-share services to be operated by SAA.

Display United’s designator code on flights operated by SAA between Washington DC and points in South Africa, via intermediate points, and to points beyond South Africa, on SAA flights operating over the following specific city-pair routes: Johannesburg - Washington DC; Frankfurt, London, Paris, Zurich-Johannesburg; Frankfurt, London - Cape Town; Johannesburg - Cape Town, Durban, East London, George, Port Elizabeth; and Johannesburg - Kinshasa (Democratic Republic of the Congo), Lusaka (Zambia), Nairobi (Kenya), and Windhoek (Namibia).

Serve the 25 named U.S. points in SAA’s existing exemption authority on a code-share basis in conjunction with United from any of SAA’s U.S. gateways. The Joint Applicants request that this authority be issued for a period coextensive (i.e., March 21, 2007) with the existing exemption authority previously granted to SAA in Dockets OST-1999-6555 and OST-2000-6756.

The 25 code-share only points are as follow: Baltimore, Boston, Ft. Lauderdale, Cincinnati, Cleveland, Dallas/Ft. Worth, Denver, Detroit, Houston, Las Vegas, Minneapolis/St. Paul, New Orleans, Orlando, Philadelphia, Phoenix, Pittsburgh, Portland, Raleigh/Durham, St. Louis, Salt Lake City, San Diego, San Francisco, Seattle, Tampa and West Palm Beach.

By: Paul Gretch


OST-2005-22618 - Statements of Authorization - US-South Africa Codesharing
OST-2005-22619 - Exemption - US-South Africa Codesharing

April 6, 2006

Joint Application for Amended Statements of Authorization and Amended Exemption Authority

The additional code‑sharing proposed herein by United and SAA between the U.S. and Africa will make both carriers more competitive for transatlantic traffic. United currently operates no service with its own aircraft between the U.S. and South Africa. By placing its code on additional SAA flights between the U.S. and South Africa, United will he able to expand its code ‑share service in the U.S.‑South Africa market. In addition, by code‑sharing with SAA, United will be able to hold out a greater range of services between the U.S. and other points in Africa such as Dakar, Senegal, and Sal, Cape Verde, as well as points beyond Johannesburg in Zambia and Mozambique. SAA, meanwhile, will be able to hold out additional service on a code‑share basis on United's flights within the U.S. from SAA's U.S. gateways. All of the above services will benefit passengers by expanding the range of available online service options and offering competition with other transatlantic airline code‑share partnerships.

Counsel: United - Wilmer Hale, Jeffrey Manley, 202-663-6670, jeffrey.manley@wilmerhale.com / South African - Zuckert Scoutt, Frank Costello, 202-298-8660, fjcostello@zsrlaw.com


OST-2005-22618 - Statements of Authorization - US-South Africa Codesharing
OST-2005-22619 - Exemption - US-South Africa Codesharing

April 21, 2006

Answer of Continental Airlines

United and SAA have requested amended statements of authorization and exemption authority for codeshare service to be offered by United between any point or points in the United States and a point or points in South Africa, via intermediate points and beyond to any point or points and by SAA between SAA's U.S. coterminal gateways and between any of those gateways and any points in the U.S. and beyond to any points in third countries without local traffic rights. Although United and SAA request open-ended authority, the U.S.-South Africa bilateral air transport agreement limits the points that can be served by carriers of either country as well as limiting the number of third-country codeshare opportunities available to U.S. carriers. Continental has been seeking authority to offer codeshare service between the U.S. and South Africa for nearly a decade, but limitations on the number of third-country codeshare opportunities have prevented Continental from offering any codeshare service to U.S.-South Africa passengers and shippers. If United, SAA and the South African government are prepared to provide "maximum operating flexibility" for Continental and permit Continental to codeshare with a third-country carrier, Continental would support the United/SAA application. So long as Continental is precluded from offering such service, however, the Department should strictly limit the authority granted to United and SAA to the specific points available to, and selected by, the U.S. and South African governments for code share service.

Counsel: Crowell & Moring, Bruce Keiner, 202-624-2615, rbkeiner@crowell.com


OST-2005-22618 - Statements of Authorization - US-South Africa Codesharing
OST-2005-22619 - Exemption - US-South Africa Codesharing

May 2, 2006

Joint Reply of United Air Lines and South African Airways

Continental objects to United's and SAA's request for broad code-share authority because of its inability to secure one of the four third-country code-share designations provided for in the ASA. Continental also argues that such a grant would be "particularly unfair" given United's existing third-country code-share service between Germany and South Africa with Lufthansa.

These arguments are meritless and provide no basis for denying the broad authority requested by United and SAA. As explained in the joint application, the request is consistent with the ASA and with the Department's "standard practice to afford carriers the maximum operating flexibility possible." The Department has in previous cases granted broad authority to allow carriers to operate the "full range of services" provided for under bilateral agreements "without reference to specific points that can be served." This flexibility has been granted even with respect to code shares involving carriers from countries where service opportunities are limited. For example, the Department has granted several applications for broad code-share authority in the U.S.-China and U.S.-U.K. markets not withstanding the restrictive bilaterals governing those Markets. Similarly, the Department has granted broad operating authority to foreign carriers from countries with restrictive bilaterals. There is thus ample precedent for the grant of the broad authority requested by United and SAA notwithstanding the restrictions on third-country code-shares contained in the ASA, and Continental provides no legitimate reason for breaking with such well-established policy and precedent in this instance.

Counsel: United - Wilmer Hale, Jeffrey Manley, 202-663-6670, jeffrey.manley@wilmerhale.com / South African - Zuckert Scoutt, Frank Costello, 202-298-8660, fjcostello@zsrlaw.com


OST-2005-22618 - Statements of Authorization - US-South Africa Codesharing
OST-2005-22619 - Exemption - US-South Africa Codesharing

Filed April 6, 2006 | Issued October 11, 2006

Notice of Action Taken

1. Scheduled foreign air transportation of persons, property, and mail, in combination or separately, between any point or points in the United States and a point or points in South Africa, via intermediate points, and beyond to a point or points, pursuant to its code-share arrangement with SAA.

United intends to serve between any point or points in the United States and (1) Johannesburg, South Africa, via Dakar, Senegal, and Sal, Cape Verde (with local traffic rights between the United States and Dakar and Sal); and (2) beyond Johannesburg, South Africa, on the one hand, to Livingston, Zambia, and Maputo, Mozambique, on the other hand, without local traffic rights, pursuant to its code-share arrangement with SAA.

2. Display SAA's "SA*" designator code on flights operated by United between SAA's U.S. coterminal gateways as well as between each of those U.S. gateways, on the one hand, and points in the United States, on the other hand, and beyond to points in third countries without local traffic rights.

Under the amended authority, United intends to display SAA's "SA*" designator code on flights operated by United between: 1) Atlanta and Chicago; 2) New York, on the one hand, and Los Angeles and San Francisco, on the other hand; and 3) Washington, DC, on the one hand, and Detroit, Orlando, Philadelphia, Raleigh, St. Louis, and Tampa, on the other hand.

3. Display United's "UA*" designator code on flights operated by SAA between any point or points in the United States and a point or points in South Africa, via intermediate points, and to points beyond South Africa pursuant to its code-share arrangement with United.

Under the amended authority, SAA intends to display United's "UA*" designator code on flights operated by SAA between 1) Atlanta, New York, and Washington DC, on the one hand, and points in South Africa, via Dakar, Senegal and Sal, Cape Verde; and 2) beyond Johannesburg to Livingston, Zambia, and Maputo, Mozambique.

By: Paul Gretch


OST-2005-22618 - Statements of Authorization - US-South Africa Codesharing
OST-2005-22619 - Exemption - US-South Africa Codesharing

December 13, 2006

Joint Notice of Additional Codesharing

United Air Lines, Inc. and South African Airways (Pty) Limited hereby notify the Department that United's "UA*" designator code will be placed on flights operated by SAA in the following city pairs, with local traffic rights:

  • Chicago - Johannesburg, South Africa
  • Chicago - Dakar, Senegal

The proposed code-share services are consistent with the bilateral agreements between the U.S. and the Republic of South Africa and between the U.S. and Senegal. United and SAA plan to implement these services beginning on or about May 1, 2007.

Counsel: Holland & Knight, Anita Mosner, 202-419-2604, anita.mosner@hklaw.com for South African / Wilmer Hale, Jeffrey Manley, 202-663-6670, jeffrey.manley@wilmerhale.com



August 5, 2008

Application for Renewal of an Exemption

United seeks renewal of its exemption authorizing it to provide scheduled foreign air transportation of persons, property and mail between any point or points in the United States and any point or points in South Africa, via intermediate points, and beyond to any point or points, pursuant to its code-share arrangement with SAA. United plans to continue to offer code-share services on flights operated by SAA between the United States and South Africa via intermediate and beyond points.

Counsel: United, Julie Oettinger, 301-229-8571


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