questions wrote:1. How did DL get that gate if not part of the original Five Party Agreement and didn’t purchase it? How are they allowed to “legally trespass”?
The 5-party agreement and the Wright Amendment Reform Act of 2006 does allow the City of Dallas to require WN, UA, and AA to share gates with new entrant carriers if necessary, and this was agreed to by at least AA, WN, and the City of Dallas almost 12 years ago.
Here are the relevant provisions of the 5-party agreement and the Wright Amendment Reform Act that gives the City of the Dallas the authority to require WN, UA, and AA to share gates with new entrant carriers if necessary:
- Subsection (a) of Section 5 of the Wright Amendment Reform Act of 2006: "to accommodate new entrant air carriers, the city of Dallas shall honor the scarce resource provision of the existing Love Field leases"
- Subsection (b) of Section 3 of Article I of the 5-party agreement: "To the extent a new entrant carrier seeks to enter Love Field, the City of Dallas will seek voluntary accommodation from its existing carriers to accommodate the new entrant service. If the existing carriers are not able or are not willing to accommodate the new entrant service, then the City of Dallas agrees to require the sharing of preferential lease gates, pursuant to Dallas' existing lease agreements."
Airlines other than WN, AA, and UA. including AS and DL, are entitled access to the 20 existing gates at DAL under the new entrant carrier provisions of the 5-party agreement, the new entrant carrier provisions of the Wright Amendment Reform Act of 2006, and the gate sharing provisions of the gate leases at DAL.