Docket OST-96-1592 / US-Poland / United Air Lines / August 21, 1997
In the matter of
U.S.-POLAND THIRD COUNTRY CODE-SHARE OPPORTUNITIES
Application of
UNITED AIR LINES, INC.
for renewal of frequency allocation (U.S.-Poland)
DATED: August 21, 1997
APPLICATION OF UNITED AIR LINES, INC.
FOR RENEWAL OF FREQUENCY ALLOCATION
United Air Lines, Inc. ("United") hereby requests the renewal of its allocation of 7 weekly U.S.-Poland frequencies granted by Order 96-8-34. Under that order, the allocation of frequencies will expire on October 31, 1997. United requests renewal through November 1, 1998, which is the-date on which the U.S./Poland bilateral air services agreement allows third-country code-share operations without limitations, or on such later date as the Department may establish. United presently uses these frequencies to provide daily service in the U.S.-Warsaw market via Germany under a code-share with Lufthansa German Airlines ("Lufthansa").
United invokes the automatic extension provisions of 5 U.S.C. 558 (c) as implemented by Part 377 of the Department's Special Regulations. The authority would expire on October 31,
Application of United for
Renewal of Frequency Allocation
Page 2
1997, absent renewal pursuant to this application, which is timely under 14 C.F.R. 377.10(c) since it is filed more than 60 days in advance of the expiration date. /1
Renewal of United's allocation of the 7 frequencies is consistent with the public interest as well as with the U.S.-Poland bilateral air services agreement. /2 United has continuously used these frequencies for daily code-share service between the U.S. and Warsaw via Frankfurt and Munich. These services are operated as an integral part of United's alliance arrangement with Lufthansa, providing substantial benefits to travelers and shippers. /3
United requests renewal of its frequency allocation through November 1, 1998, in circumstances where the limitations on codeshare frequencies under the U.S./Poland bilateral air services agreement expire on that date, and an allocation will, therefore, no longer be necessary. In the alternative, United requests
1/ To the extent required, United requests a waiver as to the filing of illustrative data for this application.
2/ As noted in Order 96-7-37, United and Lufthansa hold underlying authority for such operations.
3/ In addition, and consistent with Order 97-2-16, United was allocated 7 additional U.S.-Poland third-country code-share frequencies effective November 1, 1997 through October 31, 1998. United plans to commence operation with Lufthansa of 7 additional frequencies between the U.S. and Warsaw via points in Germany on November 1, 1997, in accordance with that allocation.
Application of United for
Renewal of Frequency Allocation
Page 3
renewal for such longer period as the Department determines to be consistent with the public interest.
WHEREFORE, on the basis of the foregoing, United respectfully requests renewal of its 7 U.S.-Poland weekly frequencies until November 1, 1998 or such later date as the Department finds appropriate. United also requests such other and different relief as the Department deems to be consistent with the public interest.
Respectfully submitted,
JOEL STEPHEN BURTON
GINSBURG, FELDMAN and BRESS CHARTERED
1250 Connecticut Avenue, N.W.
Suite 800
Washington, D.C. 20036
(202) 637-9130
Counsel for UNITED AIR LINES, INC.