 

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation on September 30, 2002

                     NOTICE OF ACTION TAKEN -- DOCKET OST-2002-11614

_____________________________________________________________

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   Continental Micronesia, Inc.    filed   8/28/2002  for:

				 

XX  Waiver of dormancy condition:

By Order 98-5-17, the Department allocated Continental Micronesia five
weekly frequencies to operate service between Honolulu and Tokyo.  The
frequencies are subject to the condition that they will expire
automatically and revert to the Department for reallocation if they are
not used for a period of 90 days.  The Department has previously granted
Continental Micronesia waivers of the dormancy condition for its
Honolulu-Tokyo service, with the most recent waiver granted through
October 1, 2002.   Continental Micronesia seeks a further waiver of the
90-day dormancy condition until October 1, 2003.  It states that
economic conditions do not warrant service at this time. 

American Airlines opposes the grant of a further dormancy waiver for
Continental Micronesia’s Honolulu-Tokyo frequencies.  Alternatively,
if a waiver is granted, American states that the waiver should be
limited to a final period of six months and should not be extended
beyond March 31, 2003.  American states that Continental Micronesia has
held these frequencies since 1998, but has never used them and has
presented no plans to use them now.  American states that Continental
Micronesia has warehoused this valuable limited-entry authority for
almost five years.  Under these circumstances, American states these
frequencies should be returned to the unallocated pool, where they will
be available for reallocation to other carriers without Continental
Micronesia claiming that they should not be reassigned.  

Applicant rep.:  R. Bruce Keiner, Jr.,  (202) 624-2615   DOT analyst:  
Gerald Caolo,  202-366-2406   

DISPOSITION

XX  Denied (See Remarks below)

The above action was effective when taken:    September 30, 2002   

XX  Action taken by:	Paul L. Gretch, Director		

			Office of International Aviation

________________________________________________________________________
________________

Remarks:  In March, when we last issued Continental Micronesia a waiver
for these frequencies through October 1, 2002, we placed the carrier on
notice that “there should be no expectation that an additional request
will similarly be granted.” (Notice of Action Taken, Docket
OST-2002-11614, March 27, 2002)  In the circumstances presented now, and
taking into consideration the record before us, we find that the public
interest would be best served by reassigning these five frequencies to
the unallocated pool of frequencies so that whenever Continental
Micronesia or another carrier has firm plans to use them, it may apply
for the frequencies accordingly.

________________________________________________________________________
__

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that

our action was consistent with Department policy; and (2) denial of the
waiver was consistent with the public 

interest.  

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:

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

 See Notice of Action Taken dated March 27, 2002, Docket OST-2002-11614.

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