Delta Air Lines, Inc.

OST-2007-29367 - Exemption - US-Colombia

September 27, 2007

Application for an Exemption

Delta hereby applies for an exemption authorizing Delta to operate scheduled foreign air transportation of persons, property, and mail (i) between New York, New York, and Bogota, Colombia, and (ii) between Atlanta, Georgia and both Medellin and Cali, Colombia. Delta further requests fourteen U.S.-Colombia frequencies and (to the extent necessary) designations in order to operate such services. Delta asks that this authority remain in effect for at least two years or until ninety days after final Department action granting a Delta application for certificate authority with respect to these routes, whichever occurs earlier.

Delta plans to inaugurate daily nonstop New York (JFK)-Bogota service on or about December 1, 2007, using B-757 aircraft currently in its fleet configured with 159 coach class and 24 business class passenger seats.

Delta plans to inaugurate 4-times weekly nonstop Atlanta-Medellin service on or about April 1, 2008, using B-737-800 aircraft currently in its fleet configured with 134 coach class and 16 business class passenger seats.

Delta plans to inaugurate 3-times weekly nonstop Atlanta-Cali service on or about April 1, 2008, using B-737-800 aircraft currently in its fleet configured with 134 coach class and 16 business class passenger seats.

Counsel: Hogan & Hartson, Robert Cohn, 202-637-4999, recohn@hhlaw.com

October 12, 2007

Answer of Continental Airlines

Delta has applied for 14 Colombia frequencies, seven effective December 1, 2007 and seven more effective April 1, 2008, Continental intends to apply for at least seven Colombia frequencies effective in 2008, and Spirit has indicated that it intends to apply for Colombia frequencies. American has announced that it intends to use seven frequencies newly available because Barranquilla flights no longer require a frequency allocation to offer additional Miami-Bogota and Miami-Medellin flights, and Spirit has challenged American's ability to retain and move the Barranquilla frequencies.

Under these circumstances, it is clear that there will be applications seeking more than the 28 frequencies that have become available pursuant to the recently-negotiated increase in U.S.-Colombia opportunities whether American is allowed to retain and move the seven frequencies formerly used for Barranquilla service or becomes an applicant for those frequencies along with Delta, Spirit and Continental. Thus, the Department must institute a carrier-selection proceeding to allocate U.S.-Colombia frequencies.

Since seven new frequencies are available December 1, 2007, and the seven frequencies formerly allocated for Barranquilla service are available now, the Department should move promptly to institute a carrier-selection proceeding to award U.S.-Colombia frequencies.

Continental will address the relative merits of the various applications at the appropriate time once a proceeding has been instituted.

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

October 12, 2007

Answer of jetBlue Airways

JetBlue Airways Corporation hereby answers in opposition to the Application of Delta Air Lines, Inc. for an exemption and allocation of fourteen U.S.-Columbia frequencies to operate service between (i) New York, New York and Bogota, Columbia, and (ii) Atlanta, Georgia and both Medellin and Cali, Columbia. Specifically, Delta already has access to the U.S.-Columbia market, and currently serves Bogota from Atlanta and codeshares on Avianca's daily nonstop widebody flight between JFK and Bogota. See Order 2000-9-21, Docket OST-2000-7655 (Sept. 21, 2000). As a result, granting Delta's Application for exemption authority and allocating all frequencies available on December 1, 2007 and April 1, 2008 to Delta would allow Delta to further strengthen its place in the U.S.-Columbia market, while denying access to this limited-entry market for other airlines, such as JetBlue. In addition, unlike Delta, JetBlue's proposed service would provide the first low-cost passenger service to Bogota.

Instead, the Department should use this opportunity to enhance competition in the U.S.- Columbia market by expanding the number of carriers that are designated and provided frequencies to provide service to Columbia. Without a low-cost carrier providing service to Columbia, many consumers who would otherwise travel to Columbia will not be able to afford to do so. As a result, unlike JetBlue, Delta's proposed service will likely not expand the availability of low-cost U.S.-Columbia flights to consumers.

JetBlue understands that on September 13, 2007, the United States reached a Consolidated Air Transport Agreement with Columbia to expand scheduled passenger frequencies, with the following passenger frequencies becoming available: (1) 7 additional frequencies on December 1, 2007; (2) 7 additional frequencies on April 1, 2008; and (3) 7 additional frequencies on October 1, 2008. In its Application, Delta requested all frequencies available on December 1, 2007 and April 1, 2008. If the Department were to grant Delta's Application, there would be no remaining frequencies available until October 1, 2008.

No nonstop service is currently available between Orlando, Florida and Bogota. JetBlue's proposed Orlando - Bogota service would provide the first nonstop service between these destinations. In addition, JetBlue's proposed Fort Lauderdale - Bogota service would provide the first nonstop service directly operated by a US. carrier (rather than a codeshare partner) between these destinations. In contrast, Delta's Application does not seek to expand service between South Florida and Bogota, but instead proposes daily nonstop service between New York (JFK) and Bogota, a market Delta currently serves on a codeshare basis via the daily nonstop widebody service provided by Avianca. Thus, if the Department were to grant Delta's Application, a key opportunity to provide expanded service between South Florida and Bogota would be lost.

Counsel: Dow Lohnes, Jonathan Hill, 202-766-2000, jhill@dowlohnes.com

OST-2007-28057 - Spirit Airlines - Exemption - US-Colombia
OST-2007-29367 - Delta - Exemption - US-Colombia
OST-2007-0017 - jetBlue - Certificate of Public Convenience and Necessity - US-Colombia

October 29, 2007

Consolidated Response of Delta Air Lines

Unfortunately, despite the recent Exchange of Notes between the US Government and the Government of Colombia, which will expand U.S.-Colombia opportunities for U.S. carriers, on the basis of recent filings, it is clear that there is far more demand for U.S.-Colombia frequencies than there are frequencies to award. Delta has had a long-standing interest in expanding its U.S.-Colombia service both from its Atlanta hub and its international gateway at JFK airport, and filed an application for 14 U.S.-Colombia frequencies (filed September 27, 2007; Docket OST-2007-29367). Delta also actively participated in and supported the U.S. Government's recent and successful efforts to negotiate the Exchange of Notes. In addition, Spirit, Continental, JetBlue, and US Airways have recently expressed interest in using up to 42 U.S.-Colombia frequencies. Furthermore, American has notified the Department of its desire to use 7 long-dormant frequencies which Delta has requested be included in the pool of frequencies for allocation in a carrier-selection proceeding.

Accordingly, Delta urges the Department promptly to institute such a proceeding during which Delta will demonstrate the superiority of its U.S.-Colombia service proposals over those of the other carrier-applicants.

In this regard, Delta opposes the recently filed JetBlue Application to the extent it seeks the 14 U.S.-Colombia frequencies for which Delta has applied.

Spirit's attempt to derail any such comparative selection proceeding through e-mails or otherwise to the Department should be rejected. There has not yet been any consideration of the merits of these applications by the DOT, and thus a carrier selection proceeding is required.

Counsel: Hogan & Hartson, Robert Cohn, 202-637-4999, recohn@hhlaw.com

OST-2007-29367 - Delta - Exemption - US-Colombia

October 29, 2007

Comments of US Airways

US Airways notes the applications of other carriers for new US.-Colombia service and anticipates that the Department will institute a carrier selection proceeding to award the frequencies in a manner that produces the maximum consumer benefits. US Airways fully intends to participate in any carrier selection proceeding instituted by the Department, and looks forward to demonstrating why new service between Charlotte, North Carolina - US Airways' largest hub - and Colombia, will best serve the public interest.

US Airways will announce single-aircraft Colombia service from a behind-gateway market, as well as other details of its Colombia service proposal at the appropriate time, after a carrier selection proceeding is instituted.

Counsel: US Airways, Howard Kass, 202-326-5153, howard_kass@usairways.com