OST-97-2648 / FWIA / July 17, 1997

 

In the matter of the application of

FLORIDA WEST INTERNATIONAL AIRWAYS, INC.

for renewal of exemption authority and frequency allocation

 

ANSWER OF POLAR AIR CARGO, INC.

TO APPLICATION OF FLORIDA WEST INTERNATIONAL

AIRWAYS, INC. FOR RENEWAL OF EXEMPTION

 

Dated: July 9, 1997

 

Pursuant to Subpart D of the Department's Rules of Practice, 14 C.F.R. § 302.400 et send, Polar Air Cargo, Inc. ("Polar Air") hereby files this answer in opposition to the application of Florida West International Airways, Inc. ("FWIA") application for renewal of its frequency allocation for Argentina. /1 In support of its answer in opposition, Polar Air states as follows:

 

On May 21, 1997, Federal Express, Arrow Air and FWIA filed a joint application in which both Arrow Air and FWIA proposed to sell their respective U.S.-Argentina frequencies to Federal Express. Docket OST-97-2548. This application is still pending before the Department. It is clear, therefore, that FWIA has no intention of using the scheduled Argentina frequency on its own behalf, but instead seeks to maintain the authorization in order to sell it to Federal Express. The Department's process for

 

1/ Polar Air takes no position with respect to FWIA's request for transfer of the underlying U.S.-Argentina exemption authority.

 

 

allocating such frequencies contemplates that if not used by the carrier to which they are assigned, such frequencies are to be returned to DOT for reallocation to another operator. Under these circumstances, and in light of the Department's expressed intentions with respect to the use of the limited Argentina scheduled all-cargo frequencies, Polar Air submits that the requested renewal of FWIA's weekly U.S.-Argentina all-cargo frequency be denied, and that the frequency authorization revert to DOT for appropriate reallocation.

 

WHEREFORE, Polar Air Cargo, Inc. requests that the application of FWIA for renewal of its scheduled all-cargo frequency allocation for U.S.-Argentina service be denied.

 

Respectfully submitted,

 

ALFRED J. EICHENLAUB

LISA A. HARIG

GINSBURG, FELDMAN BRESS, CHARTERED

1250 Connecticut Avenue, N.W.

Suite 800

Washington, D.C. 20036

(202) 637-9034

Attorneys for

POLAR AIR CARGO, INC.

Dated: July 9, 1997