 

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on September 3, 2003

   NOTICE OF ACTION TAKEN -- DOCKET OST-2003-15965

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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  
8/14/03  for:

XX Permanent allocation of two weekly U.S.-Brazil combination
frequencies to provide the following service:

Scheduled combination service between Miami and Sao Paulo, and Miami and
Rio de Janeiro.  American requests that in order to facilitate maximum
operating flexibility that the two frequencies be designated for
combination service between points in the U.S. and points in Brazil. 

Continental Airlines and Delta Air Lines filed answers stating that they
do not oppose award of the two U.S.-Brazil frequencies to American, but
do object to American’s request that the frequencies be designated for
combination service between points in the U.S. and points in Brazil
unless the route restrictions on their Brazil frequencies are also
eliminated.

American filed a reply, stating that while it continues to believe that
a non-specific award would be in the public interest, American would not
argue the issue, and, therefore, American urges the Department to grant
two additional Brazil frequencies on a permanent basis, with one limited
to service between Miami and Sao Paulo, and the other limited to service
between Miami and Rio de Janeiro. 

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 one frequency for service between Miami and Sao Paulo and
one frequency for service between Miami and Rio de Janeiro (subject to
conditions, see below)

The above action was effective when taken:  September 3, 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 Brazil.

  

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

(See Reverse Side)

2

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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
that unused frequency will expire automatically and the frequency will
revert to the Department for reallocation.  The 90-day dormancy period
will begin on December 15, 2003, the date on which American proposes
operations with these frequencies.

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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 

 Because we are imposing our standard conditions, we refer to the award
as indefinite rather than permanent.  See Order 2003-8-4 at 6, n. 9.

