FCYTravis
Topic Author
Posts: 1172
Joined: Wed Sep 07, 2005 4:21 am

DOT: US Airways Can Keep DCA-PHX/LAS Slots

Wed Mar 08, 2006 2:00 pm

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.
 
HPRamper
Posts: 4588
Joined: Sat May 14, 2005 4:22 am

RE: DOT: US Airways Can Keep DCA-PHX/LAS Slots

Wed Mar 08, 2006 2:03 pm

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.
 
AirCop
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RE: DOT: US Airways Can Keep DCA-PHX/LAS Slots

Wed Mar 08, 2006 9:47 pm

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.
 
flyboy7974
Posts: 1210
Joined: Sat Jan 18, 2003 4:35 pm

RE: DOT: US Airways Can Keep DCA-PHX/LAS Slots

Wed Mar 08, 2006 10:00 pm

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.
 
FCYTravis
Topic Author
Posts: 1172
Joined: Wed Sep 07, 2005 4:21 am

RE: DOT: US Airways Can Keep DCA-PHX/LAS Slots

Thu Mar 09, 2006 2:07 am

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.
 
MalpensaSFO
Posts: 1110
Joined: Mon Feb 20, 2006 10:17 am

RE: DOT: US Airways Can Keep DCA-PHX/LAS Slots

Thu Mar 09, 2006 2:14 am

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 
TO FLY IS TO SERVE
 
PSA727
Posts: 845
Joined: Mon Feb 06, 2006 7:49 am

RE: DOT: US Airways Can Keep DCA-PHX/LAS Slots

Thu Mar 09, 2006 8:52 am

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!
 
FCYTravis
Topic Author
Posts: 1172
Joined: Wed Sep 07, 2005 4:21 am

RE: DOT: US Airways Can Keep DCA-PHX/LAS Slots

Thu Mar 09, 2006 10:11 am

They are route-specific.
USAir A321 service now departing for SFO with fuel stops in CAK, COS and RNO. Enjoy your flight.
 
skyyblue
Posts: 343
Joined: Mon Sep 05, 2005 8:37 am

RE: DOT: US Airways Can Keep DCA-PHX/LAS Slots

Thu Mar 09, 2006 11:26 am

Will there be any new slots up for grabs at DCA? Is there an annual allotment?
 
Bridogger6
Posts: 664
Joined: Sat Apr 02, 2005 11:21 am

RE: DOT: US Airways Can Keep DCA-PHX/LAS Slots

Mon Mar 13, 2006 12:27 pm

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.
 
HPRamper
Posts: 4588
Joined: Sat May 14, 2005 4:22 am

RE: DOT: US Airways Can Keep DCA-PHX/LAS Slots

Mon Mar 13, 2006 1:03 pm

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
 
flyboy7974
Posts: 1210
Joined: Sat Jan 18, 2003 4:35 pm

RE: DOT: US Airways Can Keep DCA-PHX/LAS Slots

Mon Mar 13, 2006 6:38 pm

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
 
masseybrown
Posts: 4406
Joined: Wed Dec 11, 2002 2:40 pm

RE: DOT: US Airways Can Keep DCA-PHX/LAS Slots

Tue Mar 14, 2006 12:15 am

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.

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