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Delta Air Lines, Inc.

Delta requests an allocation of four U.S.-Ghana frequencies to enable it to place its DL* designator code on Alitalia’s four weekly B-767 flights between Milan, Italy and Accra, Ghana.  Delta intends to commence the proposed U.S.-Ghana codesharing as soon as possible and asks the Department to allocate it the requested frequencies promptly so Delta can engage in advance sales and marketing activities.   According to information available to Delta, it appears that at least seven of the twenty-seven bilaterally authorized frequencies are unused.

Counsel:  Delta and Shaw Pittman, Robert Cohn, 202.663.8060

Delta Air Lines, Inc.

By its application Delta requests an allocation of four weekly frequencies under the U. S./Ghana Memorandum of Consultations of March 16, 2000 to support code-share service by Delta in conjunction with Alitalia's operations between Milan, Italy, and Accra, Ghana. There are 27 weekly frequencies available under the MOC effective April 1, 2002. Of those, 16 are currently allocated and in use, two of which were allocated to United to code-share on Lufthansa's Frankfurt-Accra service via Lagos.

United has today requested the allocation of two additional frequencies (for a total of four) to allow it to code-share on Lufthansa's recently expanded Frankfurt­Lagos-Accra services which now operate four times weekly. The grant of United's two additional frequencies as well as Delta's four will still leave five frequencies unallocated in the currently available U.S. carrier pool.  In these circumstances, United has no objection to the grant of Delta's instant request for four U.S.-Ghana frequencies so long as United's request in Docket OST-00-7149 for two additional such frequencies (for a total of four) is also granted at the same time.

Counsel:  Wilmer Cutler, Jeffery Manley, 202.663.6670, jmanley@wilmer.com

U.S.- Ghana Combination Service Codeshare Opportunities / Delta Air Lines, Inc. / American Airlines, Inc. / United Air Lines, Inc.

The Answer period has now closed on Delta’s application. All carriers agree that there are sufficient frequencies to fund the three pending requests. Since Delta’s application is unopposed and is consistent with the public interest, it should be granted without delay so that Delta can market and institute its proposed new service. So long as Delta’s application is granted in full, Delta has no objection to the United or American applications.

Counsel:  Delta and Shaw Pittman, Robert Cohn, 202.663.8060

U.S.- Ghana Codeshare Combination Service; American Airlines, Inc.; Delta Air Lines, Inc.; United Air Lines, Inc.

American, United, and Delta each request weekly frequencies to serve the U.S.-Ghana market.

American requests four weekly frequencies to operate third-country code-share services between the United States and Ghana, by placing American's designator code on Crossair Ltd., d/b/a Swiss, between Zurich and Accra, Ghana, via Lagos, Nigeria, carrying U.S. Lagos and U.S. Ghana passengers connecting at Zurich from American's and Swiss's U.S. gateways.

United requests two weekly frequencies to operate third-country code-share services between the United States and Ghana, by placing United's designator code on Lufthansa German Airlines (Lufthansa), between the United States and Accra, Ghana, via Frankfurt, through the intermediate point of Lagos, Nigeria.

Delta requests four weekly frequencies to operate third-country code-share services between the United States and Ghana, by placing Delta's designator code on the flights of Alitalia-Linee Aeree Italiane S.p.A., between Milan, Italy, and Accra, Ghana.

Under the U.S.-Ghana aviation agreement, U.S. carriers may operate a total of 27 weekly combination frequencies, of which no more than 14 may be provided with the airlines' own aircraft 2 Currently, a total of 16 frequencies are held as follows: Northwest-^-7, Continental=7, and United=2. Thus, 11 frequencies are available now for allocation. The captioned applicants have requested a total of 10 frequencies, meaning that these requests do not exceed the frequencies available to U.S. carriers under the agreement, with one remaining available for future allocation.

By:  Paul Gretch

Delta Air Lines, Inc.

Hereby requests four (4) U.S.-Ghana frequencies for service in connection with Delta's codeshare arrangement with Alitalia. By Notice of Action Taken dated May 29, 2002, the Department previously allocated Delta four frequencies for this service. However, due to implementation and facilitation issues, the service will not commence until October 26, 2002, at the start of the Winter Traffic Season. Delta has polled all carriers on the attached service list, and there are no objections to this application.

Counsel:  Delta and Shaw Pittman, Robert Cohn, 202-663-8060

Delta Air Lines, Inc.

Delta requests four weekly frequencies to operate third-country code-share services between the United States and Ghana, by placing Delta's designator code on the flights of Alitalia-Linee Aeree Italiane S.p.A. (Alitalia), between Milan, Italy, and Accra, Ghana. Delta states that it will commence the proposed services on October 26, 2002, at the start of the Winter traffic season.

Under the U.S.-Ghana aviation agreement, U.S. carriers may operate a total of 27 weekly combination frequencies, of which no more than 14 may be provided with the airlines' own aircraft.' Currently, a total of 22 frequencies are held as follows: American=4, Northwest=7, Continental=7, and United=4. Thus, 5 frequencies are available now for allocation. Delta has requested a total of four frequencies, meaning that the request does not exceed the frequencies available to U.S. carriers under the agreement, with one remaining frequency available for future allocation.

By: Paul Gretch

Delta Air Lines, Inc.

Delta had planned to use its four Ghana frequencies to introduce third-country codeshare service between Milan and Accra in conjunction with SkyTeam partner Alitalia during the 2002/03 Winter Season. However, implementation and facilitation issues have forestalled the introduction of this new service. Delta continues to plan third-country codeshare service to Ghana and intends to start service in May, 2003. Accordingly, Delta requests a waiver of the dormancy condition through June 1, 2003 to accommodate this new startup schedule. 

Counsel:  Delta and Shaw Pittman, Robert Cohn, 202-66-8060

Delta Air Lines, Inc.

By Notice of Action Taken dated September 18, 2002, the Department granted Delta Air Lines four weekly frequencies to operate third-country code-share services in the U.S: Ghana market, pursuant to a code-share arrangement with Alitalia-Linee Aeree Italiane S.p.A, via Milan, Italy. The frequencies are subject to the condition that they wilt expire automatically and revert to the Department if they are not used for a period of 90 days. Under the terms of the Notice of Action Taken, Delta's frequency allocation would automatically expire if Delta does not begin service by January 24, 2003. Delta stated that implementation and facilitation issues have forestalled the introduction of new service, and, therefore, Delta seeks a waiver from the 90-day dormancy condition through June 1, 2003. Delta advises that it has polled all parties served and there were no objections to Delta's application.

As we have previously done, we reserve the right to reexamine whether grant of this waiver continues to be in the public interest should another carrier seek to use the frequencies at issue. Any future request to extend the dormancy waiver for the frequencies at issue here will have to be considered in light of the specific arguments offered and responses thereto.  Delta's waiver from the dormancy condition is effective through June 1, 2003, or until the date on which Delta begins service with each of these frequencies, whichever occurs earlier. As to any frequency with which Delta does not begin service by June 1, 2003, its frequency allocation with respect to that frequency expires automatically.

By: Paul Gretch

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