 

U.S. Department of 

Transportation	

Office of the Secretary

of Transportation

DEPARTMENT ACTION ON APPLICATION IN DOCKET OST-2000-7495

(filed June 8, 2000, as amended May 13, 2003 and June 18, 2003)

Joint application of Emirates and Continental Airlines, Inc. for blanket
statements of authorization to permit (a) Emirates to display
Continental’s designator code (CO*) on Emirates flights between points
in (1) the United Arab Emirates (U.A.E.);

(2) the U.A.E. and the U.S., either non-stop or via intermediate points
in third countries; (3) the U.A.E. and points in third countries; and
(4) the U.S. and points in third countries; and (b) Continental to
display Emirates’ designator code (EK*) on Continental flights between
points in (1) the U.S.; (2) the U.S. and points in the U.A.E., either
non-stop or via intermediate points in third countries; (3) the U.S. and
points in third countries; and (4) the U.A.E. and points in third
countries.

Approved under assigned authority (14 CFR § 385.13).

Date of Action:  July 1, 2003

_________________________________

Director, Office of International Aviation

This action is subject to the conditions attached.  Persons entitled to
petition the Department for review of this action under the
Department’s regulations, 14 CFR § 385.30, should file their
petitions within seven days of the date of this action.  This action is
effective immediately, and the filing of a petition for review will not
alter its 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 



Docket OST-2000-7495

(filed June 8, 2000, as amended May 13, 2003 June 18, 2003)

Joint application of Emirates and Continental Airlines, Inc. for blanket
statements of authorization to permit (a) Emirates to display
Continental’s designator code (CO*) on Emirates flights between points
in (1) the United Arab Emirates (U.A.E.);

(2) the U.A.E. and the U.S., either non-stop or via intermediate points
in third countries; (3) the U.A.E. and points in third countries; and
(4) the U.S. and points in third countries; and (b) Continental to
display Emirates’ designator code (EK*) on Continental flights between
points in (1) the U.S.; (2) the U.S. and points in the U.A.E., either
non-stop or via intermediate points in third countries; (3) the U.S. and
points in third countries; and (4) the U.A.E. and points in third
countries.

The code-share operations authorized here are subject to the following
conditions:

(a)  The statement of authorizations will remain in effect only as long
as (i) Emirates and/or Continental Air Lines, Inc. (Continental)
continue to hold the necessary underlying authority to operate the
code-share services at issue, and (ii) the code-share agreement
providing for the code-share operations remains in effect.

(b)  Emirates and/or Continental must promptly notify the Department if
the code-share agreement providing for the code-share operations is no
longer effective or the carriers decide to cease operating any or all of
the approved code-share services.  Such notices should be filed in
Docket OST-2000-7495.

(c)  Emirates and/or Continental must notify the Department no later
than 30 days before they begin any new code-share service under the
code-share services authorized here.  Such notice shall identify the
market(s) to be served and the date on which the service will begin. 
Such notices should be filed in Docket OST-2000-7495.

(d)  The code-sharing operations conducted under this authority must
comply with 14 CFR Part 257 and with any amendments to the
Department’s regulations concerning code-share arrangements that may
be adopted.  Notwithstanding any provisions in the contract between the
carriers, our approval here is expressly conditioned upon the
requirements that the subject foreign air transportation be sold in the
name of the carrier holding out such service in computer reservation
systems and elsewhere; that the carrier selling such transportation
(i.e., the carrier shown on the ticket) accept responsibility for the
entirety of the code-share journey for all obligations established in
its contract of carriage with the passenger; and that the passenger
liability of the operating carrier be unaffected.  Further, the
operating carrier shall not permit the code of its U.S. carrier
code-sharing partner to be carried on any flight that enters, departs or
transits the airspace of any area whose airspace the Federal Aviation
Administration has issued a flight prohibition.

(e)  The authority to operate to third countries is subject to the
condition that any service provided under the statement of authorization
shall be consistent with all applicable agreements between the United
States and the foreign countries involved.  Furthermore, (i) nothing in
the award of this blanket statement of authorization should be construed
as conferring upon Continental rights (including code-share,
fifth-freedom intermediate and/or beyond rights) to serve markets where
U.S. carrier entry is limited unless Continental notifies the Department
of its intent to serve such a market and unless and until the Department
has completed any necessary carrier selection procedures to determine
which carrier(s) should be authorized to exercise such rights; and (ii) 

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should there be a request by any carrier to use the limited-entry route
rights that are included in Continental’s authority by virtue of the
blanket statement of authorization granted here, but that are 

not then being used by Continental, the holding of such authority will
not be considered as providing any preference for Continental in a
competitive carrier selection proceeding to determine which carrier(s)
should be entitled to use the authority at issue.  

(f)  The authority granted here is specifically conditioned so that
neither carrier shall give any force or effect to any contractual
provisions between themselves that are contrary to these conditions.

(g)  We may amend, modify, or revoke the authority granted at any time
without hearing at our discretion.  

  In addition to the conditions attached to this notice, the code-share
services authorized are subject to the code-share and wet lease
condition imposed on Emirates on July 1, 2003, in Docket OST-2000-7490.

  We expect this notification to be received within 10 days of such
non-effectiveness or of such decision.

  The notice in paragraph (c) above can be used for this notification.

