 

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on August 6, 2003

   NOTICE OF ACTION TAKEN -- DOCKET OST-2000-7149

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This serves as notice to the public of the action described below, taken
by the Department official indicated (no additional confirming order
will be issued in this matter).

Application of    United Air lines, Inc.                     filed  
6/26/03  for:

XX Allocation of one U.S.-Ghana third-country code-share frequency 

Under the U.S.-Ghana agreement, U.S. carriers may operate 32 weekly
third-country code-share frequencies between the United States and
Ghana.  United has been allocated four of these frequencies for its
U.S.-Ghana services.  (See Notices of Action Taken dated July 13, 2000,
and May 29, 2002, in this docket.)  United now seeks an allocation of
one additional frequency in order to expand its code-share services with
Lufthansa German Airlines between the United States and Accra, Ghana,
via Frankfurt, through the intermediate point Lagos, Nigeria. 
(Lufthansa already operates five weekly services over his route.)

American Airlines filed an answer stating that it had no objection to
United’s request provided that American’s application filed July 9,
2003, in this docket for three additional U.S.-Ghana frequencies is also
granted.

Applicant rep:  Jeffrey A. Manley    202-663-6670    DOT Analyst:  
Sylvia Moore   202-366-6519

D I S P O S I T I O N

XX  Granted (subject to conditions, see below)

The above action was effective when taken:   August 6, 2003, and will
remain in effect indefinitely, subject to conditions described below.

Action taken by:   Paul L. Gretch, Director	

		    Office of International Aviation

	

XX  The authority granted is consistent with the aviation agreement
between the United States and Ghana, which is being provisionally
applied on the basis of comity and reciprocity, pending entry into force
of the agreement.

  

Except to the extent exempted or waived, this authority is subject to
the terms, conditions, and limitations indicated:  XX Holder’s
certificates of public convenience and necessity

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Conditions:  Consistent with our standard practice, the frequency
allocation granted is subject to the condition that if the frequency is
not used for a period of 90 days, the allocation as to this frequency
will expire automatically and the frequency will revert to the
Department for reallocation.  The 90-day dormancy period will begin on
the date of this Notice.

(See Reverse Side)

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Remarks:  With respect to American’s comments, we contemporaneously
issued a notice granting American’s request for four U.S.-Ghana
frequencies.  (See Notice of Action Taken dated August 6, 2003,  in this
docket.)   

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Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that (1) our action was consistent with Department
policy; and (2) grant of the authority was consistent with the public
interest.  To the extent not granted, we denied all requests in the
referenced Docket.  We may amend, modify, or revoke the authority
granted in this Notice at any time without hearing at our discretion.

Persons entitled to petition the Department for review of the action set
forth in this Notice under the Department’s regulations, 14 CFR
§385.30, may file their petitions within seven (7) days after the date
of issuance of this Notice.  This action was effective when taken, and
the filing of a petition for review will not alter such effectiveness.

An electronic version of this document is available on the World Wide
Web at:

  HYPERLINK "http://dms.dot.gov//reports/reports_aviation.asp" 
http://dms.dot.gov//reports/reports_aviation.asp 

