 

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on February 22, 2005

                     NOTICE OF ACTION TAKEN -- DOCKET OST-2005-20150

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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   Continental Airlines, Inc.  filed  1/21/2005 for:

				 

XX  Allocation of U.S.-Colombia combination frequencies.

Continental seeks seven additional U.S.-Colombia frequencies to
institute daily nonstop round-trip Houston-Cali service on June 9, 2005.
 Contintental further requests the flexibility to use the frequencies
awarded here to serve Houston-Medellin.  Finally, Continental requests
the flexibility to operate four of the requested seven frequencies on a
seasonal basis.

 

The Houston Parties filed an answer in support of the Continental
application.

Applicant rep.:  R. Bruce Keiner, Jr. (202) 624-2615    DOT analyst:  
Linda Senese (202) 366-2367 

DISPOSITION

XX  Granted, subject to conditions (see below)

The above action was effective when taken:  February 22, 2005, and will
remain in effect indefinitely, subject to the conditions noted below.  

XX  Action taken by:	Paul L. Gretch, Director		

			Office of International Aviation

XX  The authority granted is consistent with the Air Transport Agreement
between the United States and Colombia.

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 (once inaugurated) are not used for a period of 90 days
(except as to the four frequencies in seasonal use), the allocation as
to each of the unused frequencies will expire automatically and the
unused frequencies will revert to the Department for reallocation.  If
Continental does not begin service with all of the allocated frequencies
by June 23, 2005, each unused frequency will automatically revert to the
Department for reallocation.  As to the four frequencies that
Continental has stated will be used in seasonal service, should
Continental determine that these frequencies will return to year-round
operations, it must notify the Department and those frequencies will
then also be subject to standard dormancy conditions. 

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Under the authority assigned by the Department in its regulations, 14
CFR Part 385, we found that (1) our action was consistent with
Department policy; (2) grant of the authority was consistent with the
public interest; and (3) grant of the authority would not constitute a
major regulatory action under the Energy Policy and Conservation Act of
1975.  To the extent not granted, we denied all requests in the
referenced Docket.  We may amend, modify, or revoke the action taken 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:

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

 Continental holds underlying Houston-Cali route authority by virtue of
the certificate we awarded it in Order 2001-12-8.  For the underlying
Houston-Medellin route authority, Continental relies on the route
integration authority that we awarded it by Order 2001-5-26.

 The Houston Parties consist of the City of Houston and the Greater
Houston Partnership.

 While Continental states that it will begin service June 9, 2005, we
will extend the startup date slightly beyond that date to provide a
reasonable opportunity for full introduction of the new service proposed
without the risk of losing frequencies.  Should Continental need an
extension beyond June 23, it will need to request such extension
formally.

