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OST-98-3853

United Air Lines, Inc. (Certificate of Public Convenience, US-France)

OST-98-3853 | May 13, 1998

Application for a Certificate of Public Convenience and Necessity

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United Air Lines, Inc. ("United"), pursuant to 49 U.S.C. § 41101 and Subpart Q of the Department's Procedural Regulations, hereby applies for a certificate of public convenience and necessity authorizing it to provide scheduled foreign air transportation of persons, property and mail between any point or points in the United States directly and via any intermediate point or points and any point or points in France and beyond France to any point or points in third countries. Due to limitations on U.S. carrier combination services in the New York-Paris market in place until April 1, 2003, United is willing to accept a restriction under which United may not offer combination air services between New York and Paris until April 1, 2003.

Service List

Answers are due by May 27, 1998, Subpart Q

Counsel:  United and Ginsburg Feldman, Joel Burton, 202-637-9130

United Air Lines, Inc.

United has applied in these dockets for certificates of public convenience and necessity or for renewals of or amendments to existing certificates. These applications have been pending before the Department for varying periods of time, some for as long as seven years. A list of the new or amended authorities requested in these dockets is attached as Exhibit A.

Counsel:  Kirkland Ellis, Jeffery Manley, 202.879.5161, jeffery_manley@kirkland.com

United Air Lines, Inc.

On January 22, 2002, the governments of the United States and France signed an open skies agreement which further liberalized air carrier services between the two countries. In light of that agreement, United is amending its pending certificate application in order to seek authority commensurate with the full scope of the new open skies agreement. Such authority will provide United with the flexibility to take advantage of the opportunities available to U.S. carriers under the open skies agreement.

• From points behind the United States via the United States and intermediate points to a point or points in France and beyond;

• From points behind the United States via the United States and intermediate points to French Departments of America and beyond; 

• From points behind the United States via the United States to New Caledonia and/or Wallis and Futuna;

• From points behind the United States via the Untied States and intermediate points to French Polynesia and beyond; and

• From points behind the United States via the United States and intermediate points to Saint Pierre and Miquelon and beyond. 

See Memorandum of Consultations, October 19, 2001, Annex I, Section 1.A.

Several other U.S. carriers have submitted applications for similar authority that also are pending before the Department. See Application Of Delta Air Lines, Inc. For Renewal And Amendment Of An Exemption, January 28, 2002 (Docket OST-98-3740); Application Of Continental Airlines, Inc. For Renewal Of Exemption, January 28, 2002 (Docket OST-98-3744); Amendment No. 1 To Application Of Northwest Airlines, Inc. For A Certificate Of Public Convenience And Necessity, January 25, 2002 (Docket OST-98-3758); Application Of Northwest Airlines, Inc. For Renewal And Amendment Of Exemption, January 25, 2002 (Docket OST-98-3760).

Upon issuance of a certificate of public convenience and necessity to United for the authority requested in the instant application, as hereby amended, United will amend (i) its pending application in Docket OST­99-6385 to withdraw its request for a certificate of public convenience and necessity to serve French Polynesia; and (ii) its pending application in Docket OST-95-625 to withdraw its request to add Lyon and Nice to its authority to serve points in France (in addition to Paris) on Segment 2 of its Certificate for Route 603, as the certificate requested in this proceeding would include all such authority. In addition, United currently holds exemption authority issued in Dockets OST-98-3732 and 00-7628 to serve France. United has filed timely, pending applications for renewal of those exemptions, but will withdraw those applications upon issuance of a certificate that incorporates all of the authority issued to it pursuant to those exemptions.

Counsel:  United and Wilmer Cutler, Jeffrey Manley, 202.663.6670, jmanley@wilmer.com

American Airlines, Inc., Continental Airlines, Inc., Continental Micronesia, Inc., Delta Air Lines, Inc., Northwest Airlines, Inc., US Airways, Inc.,  United Air Lines, Inc.

By this order, we are granting new certificate authority to serve the U.S.-France market, consistent with the provisions of the January 22, 2002, U.S.-France open-skies aviation agreement. The order also dismisses, as moot, various requests for city-pair specific certificate authority in the U.S.-France market.

By:  Read Van de Water

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