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DOT: US Airways Can Keep DCA-PHX/LAS Slots  
User currently offlineFCYTravis From United States of America, joined Sep 2005, 1191 posts, RR: 6
Posted (8 years 9 months 3 weeks 4 days 20 hours ago) and read 4235 times:

The DOT issued a ruling today that resoundingly rejected a petition by the "Air Carrier Association of America" (run by AirTran, Spirit and Frontier) seeking to revoke and reallocate the eight Washington National beyond-perimeter slots held by the former America West Airlines, currently used for three daily PHX-DCA round-trips and a single daily LAS-DCA round-trip.

The ruling can be found here: http://dmses.dot.gov/docimages/pdf95/388792_web.pdf

The petition argued that the newly merged US Airways was ineligible to get the slots as a "new entrant" or "limited incumbent" carrier, but the DOT agreed with America West's contention that the law only prohibits major slot-holders from being granted new AIR-21 slots, and says nothing about them being ineligible to use slots acquired during a merger.

The ACAA further argued that America West was prohibited from "transferring" its slots to US Airways, but the DOT stated that the America West-US Airways combination was a corporate merger rather than an acquisition of assets, and thus no "transfer" ever took place.

Bottom line: the PHX and LAS beyond-perimeter flights are not going away.

If anyone wants to read the full docket, including some very interesting pleading documents, go to http://dms.dot.gov/search/searchFormSimple.cfm and search for docket number 23106.


USAir A321 service now departing for SFO with fuel stops in CAK, COS and RNO. Enjoy your flight.
12 replies: All unread, jump to last
 
User currently offlineHPRamper From United States of America, joined May 2005, 4152 posts, RR: 8
Reply 1, posted (8 years 9 months 3 weeks 4 days 20 hours ago) and read 4225 times:

Thank goodness, I was hoping that mumbo-jumbo wouldn't come to pass. Those DCA flights have come in handy for me more than once.

User currently offlineAirCop From , joined Dec 1969, posts, RR:
Reply 2, posted (8 years 9 months 3 weeks 4 days 12 hours ago) and read 4092 times:

Didn't AA have to give up the DCA-LAX slot when they took over TWA? Under the same reasoning they should have been able to keep them.

User currently offlineFlyboy7974 From United States of America, joined Jan 2003, 1540 posts, RR: 2
Reply 3, posted (8 years 9 months 3 weeks 4 days 12 hours ago) and read 4076 times:

I think it is obvious that HP demonstrated that they could substantially create the market, serve it, and offer a product to pax at a fare reasonable to all. Whether or not the company is rename HP or US, the principle behind the original finding was that HP could provide the service to PHX/LAS in the interest that best suits the slots. Come on now, why do you think it's Doug Parker running the new company, because HP was starting to obviously do something right. It surprises me that the assoc is run by Spirit, Frontier and Airtran, simply because, look at DCA and the 3 airlines listed. Spirit just had to return slots because they failed to create a market that the slots were issued for. Frontier has been issued slot exemptions to serve DEN, but then again, look at the very limited service and the number of routes that F9 can offer DCA pax, and then Airtran, I think they are more of a competitor on simply the ATL route and fighting the metropolis that we all call Delta. The service on HP from DCA opened the market to so many cities that were not previously available with a one plane connection. I don't think Airtran, Frontier, or Spirit could offer the same that HP did when service started to LAS/PHX and the so many west coast markets that never were able to have one plane service (via connection) to the DCA area.

User currently offlineFCYTravis From United States of America, joined Sep 2005, 1191 posts, RR: 6
Reply 4, posted (8 years 9 months 3 weeks 4 days 8 hours ago) and read 3942 times:

Quoting AirCop (Reply 2):
Didn't AA have to give up the DCA-LAX slot when they took over TWA? Under the same reasoning they should have been able to keep them.

If you'd have read the document I linked you'd know the answer.  Smile

AA did not "take over" TWA - they acquired certain assets from the bankrupt TWA, including gate leases, slots, aircraft and facilities. TWA, as an airline, corporately ceased to exist. The law specifically says that slot exemptions, unlike slots, are not assets and cannot be sold, bartered or leased - if the airline they were issued to ceases to exist, so do the slot exemptions. Therefore, AA could not buy slot exemptions from TWA.

America West merged with US Airways. America West will eventually have its certificate merged into the US Airways certificate, but the corporate lineage is of a combination of organizations. The slot exemptions were not illegally "transferred" because they never left America West. America West simply became part of a larger corporate whole.

This is similar to the Reno Air case, where AA merged Reno Air's operations into its own and was allowed to keep the ORD slot exemptions granted to QQ for RNO-ORD service.



USAir A321 service now departing for SFO with fuel stops in CAK, COS and RNO. Enjoy your flight.
User currently offlineMalpensaSFO From , joined Dec 1969, posts, RR:
Reply 5, posted (8 years 9 months 3 weeks 4 days 8 hours ago) and read 3940 times:

Quoting AirCop (Reply 2):
Didn't AA have to give up the DCA-LAX slot when they took over TWA? Under the same reasoning they should have been able to keep them.

FCYTravis .... spot on!...  yes 


User currently offlinePSA727 From United States of America, joined Feb 2006, 974 posts, RR: 0
Reply 6, posted (8 years 9 months 3 weeks 4 days 1 hour ago) and read 3780 times:

Does the new US have to keep these exemptions route specific?
I know the old US applied for exemptions to fly DCA-SFO and
DCA-SJU and was denied. Maybe they could switch over one of
the daily DCA-PHX flights if allowed.



fly high, pay low...Germanwings!
User currently offlineFCYTravis From United States of America, joined Sep 2005, 1191 posts, RR: 6
Reply 7, posted (8 years 9 months 3 weeks 4 days ago) and read 3745 times:

They are route-specific.


USAir A321 service now departing for SFO with fuel stops in CAK, COS and RNO. Enjoy your flight.
User currently offlineSKYYBLUE From , joined Dec 1969, posts, RR:
Reply 8, posted (8 years 9 months 3 weeks 3 days 22 hours ago) and read 3688 times:

Will there be any new slots up for grabs at DCA? Is there an annual allotment?

User currently offlineBridogger6 From United States of America, joined Apr 2005, 717 posts, RR: 10
Reply 9, posted (8 years 9 months 2 weeks 6 days 21 hours ago) and read 3553 times:

Quoting PSA727 (Reply 6):
Does the new US have to keep these exemptions route specific?
I know the old US applied for exemptions to fly DCA-SFO and
DCA-SJU and was denied. Maybe they could switch over one of
the daily DCA-PHX flights if allowed.

Yeah but even if they could I'm not sure why they'd do that. The PHX-DCA flights are always packed and are probably one of the airline's most profitable routes.


User currently offlineHPRamper From United States of America, joined May 2005, 4152 posts, RR: 8
Reply 10, posted (8 years 9 months 2 weeks 6 days 21 hours ago) and read 3515 times:

Tell me about it. I non-reved into DCA without a hitch, but leaving was another story. I waited around for hours watching overbooked flights load, ended up having to take a taxi all the way up to BWI and get a flight out there.

Also overbooked, but somehow I made it on  Wink


User currently offlineFlyboy7974 From United States of America, joined Jan 2003, 1540 posts, RR: 2
Reply 11, posted (8 years 9 months 2 weeks 6 days 15 hours ago) and read 3441 times:

are there any web sites that detail the info about DCA/Air 21 and/or the decision process that went into the original selection of airlines, and then, the yearly adjustments that have been made as airlines have received and then given up the slots they have received? I have searched various areas and haven't found anything but basic infor saying that the Air 21 Slot Program involves DCA, and nothing more specific

User currently offlineMasseyBrown From United States of America, joined Dec 2002, 5604 posts, RR: 7
Reply 12, posted (8 years 9 months 2 weeks 6 days 10 hours ago) and read 3396 times:

Quoting Flyboy7974 (Reply 11):
are there any web sites that detail the info about DCA/Air 21

Applicable Code of Federal Regulations and the US Code references are provided in the DOT case cited in message 1. Most competent business or law libraries will have copies of the USC and CFR. The Government Printing Office has searchable data bases for portions of the USC and CFR; but I've always been disappointed trying to use the GPO.



I love long German words like 'Freundschaftsbezeigungen'.
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