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OST-2007-27331 - Initial Complaints and Scheduling Notice
Complainants' Pleadings - Terminal 1 and 3 Airlines (Alaska Airlines et al. v. LA World Airports et al.)
Complainants' Pleadings - Tom Bradley International Terminal Airlines (Aer Lingus at al. v. LA World Airports
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Alaska Airlines, Inc., AirTran Airways, Inc., ATA airlines, Inc., Frontier Airlines, Inc., Midwest Airlines, Inc., Southwest Airlines CO. and US Airways Group, Inc. (Complainants) v. Los Angeles World Airports, Los Angeles Booard of Airport Commissioners, and The City of Los Angeles, California
February 16, 2007 Joint Complaint in Opposition to New Terminal Charges at LAX - Bookmarked
Counsel: Sheppard Mullin, Roy Goldberg, 202-812-0000, rogoldberg@sheppardmullin.com for LAX / Wiley Rein, Edward Faberman for AirTran and Frontier / Howard Kass for US Airways, Carol Skornicka for Midwest / J.C. Buehler for ATA Airlines / Thomas O'Grady for Alaska Air / Robert Kneisley for Southwest
Aer Lingus Group plc; Air Pacific; Air Tahiti NUI; All Nippon Airways Co., Ltd.; Asiana Airlines, Inc.; British Airways Plc; Cathay Pacific Airways Limited; China Airlines Ltd.; China Eastern Airlines; China Southern Airlines Company Limited; Compania Mexicana de Aviacion, S.A. de C.V.; Deutsche-Lufthansa AG; EL AL israel Airlines Ltd.; EVA Airways Corp.; Japan Airlines International Co., Ltd.; Korean Airlines Co. Ltd.; Lan Airlines S.A.; Philippine Airlines, Inc.; Qantas Airways Limited; Singapore Airlines Limited; Swiss International Air Lines Ltd. and Thai Airways International Public Co. Ltd. v. Los Angeles World Airports, Los Angeles Board of Airport Commisioners, and The City of Los Angeles, California February 23, 2007 Joint Complaint in Opposition to New Terminal Charges at Los Angeles International Airport - 1235 Pages
This Complaint raises the core issue of whether the Airport may raise the fees of the Tom Bradley International Terminal Airlines, ostensibly to cover its costs, when the Airport is more than covering its costs with the charges currently in place, would record more than $47 million in additional (or incremental) operating profit after the increases take efffect, has a substantial funding surplus, and has not established how or when the additional funds will be used except to finance unspecified future capital projects. Counsel:Kirkpatrick & Lockhart Preston Gates, James Weiss, 202-628-1700, jim.weiss@klgates.com
Served February 16, 2007 On February 16, 2007, seven airlines filed a complaint with the Department of Transportation against the Los Angeles World Airports. The complaint alleges that the recently-increased terminal rental rates and lease policy for air carriers using Terminals 1 and 3 at Los Angeles International Airport, which LAWA operates, are: 1) discriminatory; 2) improperly use “Fair Market Value” to set rental rates; and 3) are unreasonable and excessive under 49 U.S.C. §47129, which was enacted as section 113 of the Federal Aviation Administration Authorization Act of 1994, P.L. 103-305 (August 23, 1994). The complainant airlines also allege that LAWA improperly refused to provide relevant documents and information. The new fees took effect on January 1, 2007. The complainant airlines – Alaska Airlines, Inc., AirTran Airways, Inc., ATA Airlines, Inc., Frontier Airlines, Inc., Southwest Airlines Co., and U.S. Airways Group, Inc. -- use Terminals 1 and 3. The statute prescribes very short deadlines for a decision on whether the complaint should be set for hearing before an administrative law judge and for the issuance of decisions by the administrative law judge and us. 49 U.S.C. §47129(c). Pursuant to 49 U.S.C. §47129 and Subpart F of the Department's Rules of Practice, 14 C.F.R. Part 302, adopted at 60 Fed. Reg. 6919 (February 3, 1995), we hereby give notice to the parties in this proceeding and all other interested persons of the following procedural dates that will govern filings in this proceeding. In order to process the complaint in an orderly and timely manner we are also directing all parties that are interested in participating or intervening in this proceeding to file such a petition or request directly with the Department.
By: Andrew Steinberg |
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