OST-98-3333 / US Airways (Charlotte-London Gatwick) / Answer of Laker Airways in Opposition / January 30, 1998
Application of
US AIRWAYS, INC.
for an exemption to operate Charlotte-London (Gatwick)
ANSWER OF LAKER AIRWAYS, INC. OPPOSING REALLOCATION OF
FT. LAUDERDALE DESIGNATION
Laker Airways, Inc. ("Laker") has no objection to
US Airways' application for an exemption to operate Charlotte-London (Gatwick) scheduled service. Laker strongly objects to reallocating Laker's Ft. Lauderdale-London designation. Laker intends to operate Ft. Lauderdale-London scheduled air service in the 1998 summer season. Laker intends to use 308 seat DC-10-30 aircraft offering both business class and economy class service. Laker intends to increase frequencies to three per week.US Airways does not reveal the reason that it wants Laker's Ft. Lauderdale-London designation when a dormant designation at Cleveland is available. Continental has stated no intention to operate Cleveland-London
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service in 1998.
Continental's Reply to United's and US Airways' opposition to renewal of Continental's authority states no more than Continental will accept a requirement "that Continental institute service by the end of 1999." Continental Reply, Docket OST-96-1642, January 6, 1998, p.4 n.3.US Airways has not carried its burden of proving that the public interest requires removal of Laker's designation when another rover is available. Particularly when, as here, Laker operated scheduled Ft. Lauderdale-London service in 1996 and 1997 with DC-10-30 equipment, and Laker intends to operate scheduled Ft. Lauderdale-London service in summer 1998, increasing to three flights per week consistent with demand.
It should be noted that US Airways proposes to operate B-767-200 equipment with 203 seats. Two Laker 308 seat DC-10-30 aircraft roundtrips equates to three B-767-200 frequencies. It is inappropriate to count frequencies alone.
Moreover, Laker has a large investment in Ft. Lauderdale-London service. It is the Department's policy "to permit the incumbent carrier to retain ... rights provided that it has a reasonable plan to use them." Order 96-9-26 at 5; see also Order 96-5-37 at 3. US Airways' request to
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reallocate Laker's Ft. Lauderdale-London (Gatwick) designation should be denied.
Respectfully submitted,
Bode Beckman, Robert Beckman
Attorney for Laker Airways Inc.
January 30, 1998