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OST-2007-0007 - Baltia Air Lines - Certificate - New York-St. Petersburg
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OST-2007-0007 - Certificate of Public Convenience and Necessity - New York-St. Petersburg October 3, 2007 Application for Certificate of Public Convenience and Necessity - 354 Pages Baltia Air Lines, Inc. seeks authority to conduct air transportation as an air carrier between New York and St. Petersburg on simplified procedure. Baltia proposes to operate service between JFK International Airport in New York and St. Petersburg, Russia, nonstop using Boeing 747-200 for one round trip per week. Baltia's Flight 101 expects to depart 16:00 (5) and arrive in St. Petersburg at 8:30 (+1). The return flight 102 expects to depart St. Petersburg at 11:00 (7) arriving New York at 12:30 (7). Baltia foresees increases frequency to three and subsequently to five weekly round trips. Any increase is dependent upon market conditions and appropriate authorities. Baltia plans to take delivery of a B747-200 aircraft to be used on proposed service in February/March 2008 from Aviation Management Group "AMG", a subsidiary of Panam International Flight Academy. Counsel: International Business Law Firm, Steffanie Lewis, 202-296-1111, slewis@iblf.com
OST-2007-0007 - Baltia Air Lines - Certificate of Public Convenience - New York-St. Petersburg, Russia October 19, 2007 Consolidated Answer of United Air Lines Both carriers assert that their proposed services are consistent with the terms of the U.S.-Russia Air Services Agreement but neither carrier offers any analysis of these assertions. Under the U.S.-Russia Agreement, the United States may designate a maximum of six carriers for combination services and may allocate a maximum of 63 weekly frequencies for such services. Non-operating combination carriers in a code-share arrangement must also be designated and have frequency allocations, with one-half frequency required for each roundtrip marketed under the code-share arrangement. United is designated for U.S.-Russia combination services and holds an allocation of seven frequencies, as well as one of the five third-country code share arrangements, to allow it to offer code-share service on daily round trip flights operated by Lufthansa between Frankfurt and both Moscow and St. Petersburg. The dormancy conditions for United’s frequency allocation do not apply until 90 days after Russia allows United to restore its code-share service that was interrupted in 1995 when Russia refused to renew it. See, Order 1996-10-1. United has no objection to the applications of Baltia and American so long as they do not affect the long-standing designation, frequency allocation, and third country code-share arrangement held by United. Beginning in 1994, United was offering code-share service with Lufthansa consistent with the terms of the U.S.-Russia Agreement, but Russia in 1995 unlawfully withheld authority for United to continue this service. See, Order 1998-2-3. United fully intends to restart this service as soon as the United States secures Russia’s commitment to abide by the terms of the U.S.-Russia Agreement and requires the retention of the rights it has been awarded in order to do so. Counsel: United, Julie Oettinger, 202-296-2370, julie.oettinger@united.com
November 6, 2007 DOT Letter Requesting Additional Information
By: Aviation Analysis, Robyn Bertholon
December 6, 2007 Motion Requesting Withholding Information from Public Disclosure The information Baltia seeks to withhold consists of confidential agreements and results of negotiations with suppliers, private personal financial statements of various kinds, and the Company's strategy that is confidential to Baltia. Counsel: International Business Law Firm, Steffanie Lewis, 202-296-1111, slewis@iblf.com
December 6, 2007 Notice of Accident Plan Compliance Baltia Air Lines, Inc., hereby gives notice that it has complied with the Accident Plan requirements by filing on October 27, 2007 its Family Assistance Plan in accordance with the Aviation Disaster Family Assistance Act of 1996 and is in compliance with The Vision 100-Century of Aviation Reauthorization Act of 2003. Counsel: International Business Law Firm, Steffanie Lewis, 202-296-1111, slewis@iblf.com
February 15, 2008 DOT Denying Confidential Treatment Request From our review of Baltia's motion and the material for which it seeks nondisclosure, we conclude that much of the information segregated for nondisclosure contains information that is required by section 204.3 and is otherwise routinely made publicly available. Moreover, Baltia has failed to demonstrate why these documents should be treated differently. If the applicant elects not to file a petition, we direct that the information for which confidential treatment was deried be submitted in the public docket in this proceeding within five calendar days of the date of this letter. By: Aviation Analysis, Lauralyn Remo
February 15, 2008 Supplement to Application - Bookmarked - 164 Pages
Counsel: International Business Law Firm, Steffanie Lewis, 202-296-1111, slewis@iblf.com
April 3, 2008 Re: DOT Request for Additional Information
By: Aviation Analysis, Lauralyn Remo
April 26, 2008 Motion Requesting Withholding from Public Disclosure The information Baltia seeks to withhold consists of confidential marketing correspondence, percentage of discounts granted, specific names of securities, personal contact information and bank as well as securities firm account numbers. Counsel: International Business Law Firm, Steffanie Lewis, 202-296-1111, slewis@iblf.com
April 30, 2008 Email Message - Withdrawal of Exhibits This morning Baltia received information that Preston Capital Partners is involved in a reorganization. Baltia hereby withdraws Exhibits 4 and 5 from the submission filed with the Department on April 28, 2008. Such, temporarily, will reduce the available capital to 9.1 million. See Baltia’s Response to Request for Information, p. 13. For reasons listed at p. 13, the principals personally continue to strongly support Baltia. Baltia expects to replace the $2 million withdrawn by the end of this week. Although this morning’s event was unforeseen, the impact is not determinative as Baltia has provided “third-party verification that it actually has available to it all of the resources needed to be found financially fit” with $2 million cash, $4.1 million line of credit, and $4 million in exercisable warrants of which Baltia conservatively allocates $3 million to the statutory requirement. The letter from Laura Remo confirms that, assuming one flight per week, Baltia would need $5.22 million to meet the Department’s financial fitness test which is within the verified $9.1 million that Baltia has provided. Counsel: IBLF, Steffanie Lewis, slewis@iblf.com
May 5, 2008 Re: Amended Information Request Response Counsel: International Business Law Firm, Steffanie Lewis, 202-296-1111, slewis@iblf.com
May 5, 2008 Re: Amended Information Request Response
The amended submission continues to show that Baltia has provided "third-party verification that it actually has available to it all of the resources needed to be found financially fit" with $2 million cash, $4.1 million line of credit, and $4 million in exercisable warrants of which Baltia conservatively allocates $3 million to the statutory requirement. Baltia would need $5.22 million to meet the Department's financial fitness test which is within the verified $9.1 million that Baltia has provided. Baltia recently was informed that, in re-organization, the Preston Capital Partners was dissolved. Thus, reference thereto has been removed from the accompanying "Amended Response to Request for Information" dated May 5, 2008. Counsel: International Business Law Firm, Steffanie Lewis, 202-296-1111, slewis@iblf.com
May 26, 2008 Request for Confidential Treatment Under 302.12 The information Baltia seeks are: Percentage draw to be repaid each month, interest percentage and discount percent on stock value if repayment is by issuance in Company shares. The percentages are confidential and the result of negotiations with private persons. Counsel: International Business Law Firm, Steffanie Lewis, 202-296-1111
May 27, 2008 Two terms of Baltia's $4.1 million revolving line of credit have been modified as follows: (a) The line of credit is immediately effective as of May 20, 2008. (b) No preconditions to borrowing or use of funds exist, excepting the requirement that Baltia provide the lender with 10 days notice prior to borrowing. The original agreements by Dmitrowsky, Glynn and Kaplinsky were filed 10/03/2007 as tabs 29, 40 and 41. Mr. Barry Clare's original agreement was file 4/28/2008 as tab 12. David Lipton & Co. LTD has provided the independent third party verification. Mr. David Lipton, CPA, has reviewed the modified agreements, identified the only modification, verified the value of the liquid assets underlying the agreements to be equal to or greater than the line of credit, and confirmed that no draw has been made on the $4.1 million line of credit. Counsel: International Business Law Firm, Steffanie Lewis, 202-296-1111
June 9, 2008 Herewith submits the following supplemental documents in furtherance of the understanding of Baltia's fitness, wihingness and ability to operate one round-trip flight per week between JFK, New York and St. Petersburg, Russia using a classic 747 aircraft. Counsel: International Business Law Firm, Steffanie Lewis, 202-296-1111, slewis@iblf.com |
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