BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

Ninety Day Notice of

PINNACLE AIRLINES, INC.

of termination of service

at Greenbrier/White Sulphur Springs, WV

Pursuant to 14 C.F.R. Party 323

Docket DOT-OST-2003-15553

Objection to Termination, Suspension, or Reduction of Air Service

Communications with respect to this document should be addressed to:

Paul E. Sullivan

Kyle Melloan

Frost Brown Todd LLC

250 West Main Street, Suite 2800

Lexington, KY 40507-1749

psullivan@fbtlaw.com

kmelloan@fbtlaw.com

Phone: (859) 231-0000

Facsimile: (859) 231-0011

Date: January 4, 2012
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Greenbrier – Objection to Termination by Pinnacle

BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

Ninety Day Notice of

PINNACLE AIRLINES, INC.

of termination of service

at Greenbrier/White Sulphur Springs, WV

Pursuant to 14 C.F.R. Party 323

Docket DOT-OST-2003-15553

Objection to Termination, Suspension, or Reduction of Air Service

Pursuant to Part 323 of the Department of Transportation’s Regulations (14

C.F.R. 323), Greenbrier Hotel Corporation (“Greenbrier”) hereby objects to the NinetyDay Notice of Termination of Service (the “Notice”) filed by Pinnacle Airlines, Inc.

(“Pinnacle”) on December 16, 2011, in Docket DOT-OST-2003-15553.

(1) This objection is being filed on behalf of Greenbrier Hotel Corporation, with a

principal address of 300 W Main Street, White Sulphur Springs, WV 24986. This

objection is filed by Greenbrier’s attorneys, who may be contacted at the following:

Paul E. Sullivan

Kyle Melloan

Frost Brown Todd LLC

250 West Main Street, Suite 2800

Lexington, KY 40507-1749

psullivan@fbtlaw.com

kmelloan@fbtlaw.com

Phone: (859) 231-0000

Facsimile: (859) 231-0011
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Greenbrier – Objection to Termination by Pinnacle

(2) Greenbrier requests that the Department of Transportation hold-in Pinnacle by

immediately issuing an order prohibiting termination of air transportation, as authorized

and provided by 14 C.F.R. 323.13.

(3) Greenbrier incorporates Pinnacle’s recitation of the schedules, routes, carriers,

and aircraft types for all air transportation to Greenbrier/White Sulphur Springs, WV

(LWB), as stated in the Notice.

(4) Greenbrier suggests that a reasonable level of essential air service would be:

a. Two inbound and two outbound flights a day, seven days per week, twelve

months a year, with an additional inbound and outbound flight on

weekend days;

b. Service should be to and from the Atlanta, Georgia (ATL) airport and the

New York City, New York LaGuardia Airport (LGA) to ensure access to

major hub cities and thus access between the Greenbrier/White Sulphur

Springs, WV community and the greater nation.

(5) [Reserved in 14 C.F.R. 323.9].

(6) Greenbrier submits the following as justification for the level of service

suggested:

a. Pinnacle operates as a connection flight for Delta into the LWB airport.

At the onset, it should be noted that Pinnacle’s proffered reason for termination—that

service to the Greenbrier/White Sulphur Springs Community is “no longer

economical[]”—is flatly incorrect. This is especially so given that there is a Revenue

Guaranty Agreement, attached hereto as Exhibit A, which by its terms guaranties a

minimum amount of revenue for the Delta connection flights, including the Pinnacle
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Greenbrier – Objection to Termination by Pinnacle

flights at issue. While it is true that there is currently a dispute regarding the Revenue

Guaranty Agreement, at least part of that dispute includes the allegation that the

airlines in question have not taken the necessary steps to market the flights properly

and maximize the revenue generated from the flights, as the contract terms represent

that they will do and as Delta and the airlines represented that they would do. Thus,

flights into LWB should be economically feasible as a result of the terms of the

Revenue Guaranty Agreement, and, moreover, to the extent that they are not, that is

the result of the airlines’ own actions and inactions.

b. The Greenbrier also notes that Pinnacle’s Notice was filed on the same

date that Atlantic Southeast Airlines, Inc. (“ASA”) filed its Ninety-Day Notice of

Termination of Service, under the same docket number. By these notices, both

Pinnacle and ASA seek to discontinue all service they currently provide at

Greenbrier/White Sulphur Springs, WV (LWB), effective March 15, 2012, thereby

causing service to drop below the EAS guarantee levels established by the

Department of Transportation. The individual and cumulative effect of the

discontinuation of service by both Pinnacle and ASA will result in disastrous effects

on the economy, culture, and people of the Greenbrier/White Sulphur Springs

community.

c. It is also true that the individual and cumulative effect of both Pinnacle

and ASA’s attempts to terminate their service will greatly harm the Greenbrier. The

Greenbrier is a major economic engine of the surrounding community. It employs,

directly and indirectly, approximately 20,000 people in the surrounding service area,
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Greenbrier – Objection to Termination by Pinnacle

with almost 2000 people at the Greenbrier alone, and attracts hundreds of thousands

of visitors a year.

d. The reasonable level of service suggested by the Greenbrier is integral to

the continued success of the Greenbrier, its employees, and the local economy. This

service allows the Greenbrier to attract the number of visitors it currently receives and

will enable it to continue to attract more visitors, to continue its employment of so

many members of the community, and to remain a positive force in the local

economy. Without such service, each of these positive outcomes will be impaired.

e. Moreover, the reasonable level of service suggested by the Greenbrier is

necessary to ensure continued access by the nation at large to the Greenbrier/White

Sulphur Springs community, and vice versa. The concerns that led to the GreenbrierWhite Sulphur Springs community being listed with the ESA program—notably its

rural nature and relative lack of access—are still present. But these same concerns,

which justify placement in the program, also justify an increased level of service as

places like the Greenbrier leverage the charm and lifestyle of the community and

make it attractive to visitors from across the country and the world. Pinnacle and

ASA’s attempt to end service are contrary to this vision, and should be denied.
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Greenbrier – Objection to Termination by Pinnacle

(7) Proof of Service:

Greenbrier hereby certifies that a copy of the foregoing Objection to Termination,

Suspension, or Reduction of Air Service has been served this 4th day of January, 2012,

upon the following persons via certified mail:

The Honorable John Manchester

Mayor

City of Lewisburg

942 Washington Street, West

Lewisburg, WV 24901

Susan V. Cherneko

Director

West Virginia Aeronautics Commission

West Virginia Department of

Transportation

Building 5

1900 Kanawha Blvd. E

Charleston, WV 25306

The Honorable Lloyd Haynes

Mayor

City of White Sulphur Springs

34 W. Main Street

White Sulphur Springs, WV 24986

U.S. Postal Service

475 L’Enfant Plaza S.W.

Washington, D.C. 20260

ATTN: Assistant General Counsel –

Transportation

Jon Lindlief

Director – Planning and Development

Atlantic Southeast Airlines, Inc.

100 Hartsfield Centre, Suite 700

Atlanta, GA 30354

Jerry O’Sullivan

Airport Manager

Greenbrier Valley Airport

P.O. Box 329

Lewisburg, WV 24901

D. Phillip Reed, Jr

Vice-President, Network Scheduling,

Operational Analytics & Engineering

Pinnacle Airlines Corp.

40 South Main Street, 9th Floor

Memphis, TN 38104

Mickey Bowman

Vice President of Essential Air Service

Silver Airways

1100 Lee Wagener Blvd., Suite 201

Ft. Lauderdale, FL 33315
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Greenbrier – Objection to Termination by Pinnacle

Respectfully submitted,

/s/ Paul E. Sullivan

Paul E. Sullivan

Kyle M. Melloan

FROST BROWN TODD LLC

250 W. Main Street, Suite 2800

Lexington, KY 40507-1749

859-231-0000 (t)

859-231-0011 (f)

psullivan@fbtlaw.com

kmelloan@fbtlaw.com

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