 

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    American Airlines, Inc.                    filed  
7/9/03 for:

XX Allocation of three U.S.-Ghana third-country code-share frequencies 

Under the U.S.-Ghana agreement, U.S. carriers may operate 32 weekly
third-country code-share frequencies between the United States and
Ghana.  American currently code shares to Ghana with Swiss Air Lines via
Zurich four days a week, using four U.S.-Ghana frequencies.  (See
Notices of Action Taken dated May 29, 2002, in Dockets OST-2002-12210
and 2000-7149.)  American now seeks an allocation of three additional
frequencies in order to offer code-share service to Ghana on a daily
basis.  American will operate this service pursuant to a code-share
arrangement with British Airways via London, under which the U.S.-London
portion would be operated using American aircraft and the London-Ghana
portion using British Airways aircraft.

United filed an answer stating that it had no objection to American’s
request so long as it does not interfere with the simultaneous grant of
United’s application for one additional frequency in this docket.

XX Motion of  American Airlines, Inc.        filed   7/16/03 and
supplemented  8/1/03  to:

Amend its application to request that the four U.S.-Ghana frequencies it
currently holds for service pursuant to a code-share arrangement with
Swiss be transferred in order for American to provide  daily service to
Ghana, via London, pursuant to a code-share arrangement with British
Airways.  American states that it is terminating its code-share service
to Ghana with Swiss on September 20, 2003, and commencing daily
code-share service with British Airways effective September 21, 2003.

No answers were filed to American’s motion to amend its application.

Applicant rep:  Carl B. Nelson, Jr.    202-496-5647    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 with respect to American’s request for allocation of
three U.S.-Ghana frequencies was granted August 6, 2003,  and is
effective:  September 21, 2003

The above action with respect to American’s motion to amend its
request to transfer four frequencies for services to be operated under a
code-share arrangement with British Airways is granted  August 6, 2003,
and is effective:  September 21, 2003

Action taken by:   Paul L. Gretch, Director	

		    Office of International Aviation

(See Reverse Side)

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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 any of the
frequencies are not used for a period of 90 days, the allocation as to
each of those frequencies will expire automatically and any unused
frequencies will revert to the Department for reallocation.  The 90-day
dormancy period for each of the seven frequencies will begin September
21, 2003, the day American intends to begin daily U.S.-Ghana service
with British Airways.

Remarks:  With respect to United’s comments, we contemporaneously
issued a notice granting United’s request for one additional
U.S.-Ghana frequency.  (See Notice of Action 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 

