UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on August 2, 2010

 NOTICE OF ACTION TAKEN -- DOCKETS DOT-OST-2010-0179, DOT-OST-2010-0186,

and DOT-OST-2010-01881

_______________________________________________________________________________________

This serves as notice to the public of the actions described below, taken by the Department official indicated 

(no additional confirming order will be issued in this matter).

Application of AMERICAN AIRLINES, INC. (American) filed 7/26/10 for:

XX Allocation of three U.S.-Brazil weekly combination frequencies, returned by Delta Air Lines, Inc. 

(Delta), for deployment on American’s proposed Miami-Brasilia service.

Application of DELTA AIR LINES, INC. (Delta) filed 7/23/10 for:

XX Allocation of three U.S.-Brazil frequencies to provide three weekly round-trip flights between Atlanta 

and Rio de Janeiro.

Application of AMERICAN AIRLINES, INC. (American) filed 7/8/10 for:

XX Allocation of three U.S.-Brazil weekly combination frequencies to provide three-days-a-week service 

between Dallas/Ft. Worth and Rio de Janeiro.

Applicant reps: Carl B. Nelson (202) 496-5647 (American) and 

Alexander Van der Bellen (202) 842-4184 (Delta)

DOT Analyst: Brett D. Kruger (202) 366-8025

 1 By Notice of Action Taken on June 16, 2010, in Docket DOT-OST-2010-0088, the Department awarded American 11 

frequencies that can be used to serve any point in Brazil except (until infrastructure-related constraints are removed) Sao 

Paulo. American planned to use four of these frequencies for Miami-Brasilia service, effective November 18, 2010. 

Three other U.S.-Brazil frequencies remained unallocated (See Notice dated March 24, 2010), and on July 8, 2010, 

American applied for them, proposing three-times-a-week service between Dallas/Ft. Worth and Rio de Janeiro 

(Docket DOT-OST-2010-0179). On July 23, Delta applied for those same three frequencies, proposing to use them for 

existing Atlanta-Rio de Janeiro service (which would thereby free up three Sao Paulo-eligible frequencies for Delta’s 

Detroit-Sao Paulo service) (Docket DOT-OST-2010-0186). Delta would begin to use the frequencies October 28, 2010.

 

Then, by letter dated July 23, 2010, Delta stated that it is returning to the Department, effective September 7, 2010, 

three of the gateway-restricted U.S.-Brazil frequencies that it was allocated August 8, 2008, in Docket DOT-OST-2008-

0227. American, in its July 26 application, states that it will deploy these three returned frequencies on its proposed 

Miami-Brasilia service, effective November 18, 2010. This in turn will free up three of the frequencies allocated to 

American on June 16 and enable American to use those three freed-up frequencies to institute its proposed Dallas/Ft. 

Worth-Rio de Janeiro service. American accordingly asks us to dismiss its July 8, 2010 application in Docket DOTOST-2010-0179 as moot, and we will do so. In light of these developments, Delta’s July 23 application for three U.S.-

Brazil frequencies is now uncontested. Similarly, American’s July 26 application for Delta’s returned frequencies is 

also uncontested.
DISPOSITION

XX Granted allocation to American of three U.S.-Brazil frequencies previously awarded to Delta on 

August 8, 2008, in Docket DOT-OST-2008-0227, and returned by Delta (subject to conditions, see 

below)

XX Granted allocation to Delta of three U.S.-Brazil frequencies (subject to conditions, see below)

XX Dismissed as moot American’s July 8, 2010 application in Docket DOT-OST-2010-0179

The above actions allocating frequencies were effective when taken: August 2, 2010, and will remain in 

effect indefinitely, subject to the conditions below.2

The above action dismissing, as moot, American’s application in Docket DOT-OST-2010-0179 was effective 

when taken: August 2, 2010.

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, as amended.

Except to the extent exempted or waived, this authority is subject to the terms, conditions, and limitations 

indicated: 

XX American’s certificates of public convenience and necessity 

XX

_______________________________________________________________________________________

Delta’s certificates of public convenience and necessity 

Responsive Pleadings: The Dallas/Fort Worth International Airport filed an answer in Docket DOT-OST2010-0179, in support of American’s proposal for Dallas/Fort Worth-Rio de Janeiro service.

3

 

In addition, the Wayne County Airport Authority, which operates Detroit Metropolitan Wayne County 

Airport, filed an answer in Docket DOT-OST-2010-0186, in support of Delta’s proposal which would result 

in Detroit gaining additional Sao Paulo service.

Conditions: The frequencies allocated here are subject to restrictions on the Brazilian points that may be 

served. With respect to the frequencies allocated to American, we note that the frequencies are limited to 

points in the North, Northeast, and Midwest regions of Brazil and/or Belo Horizonte. With respect to the 

frequencies allocated to Delta, we note that the frequencies may be used at any points that U.S. carriers may 

serve, subject to the restriction that they may not be used at Sao Paulo’s Guarulhos International Airport until 

infrastructure-related constraints at the airport are removed.

Consistent with our standard practice, the frequencies allocated here are subject to our standard 90-day 

dormancy condition, wherein any frequency not operated for a period of 90 days (once inaugurated and for 

 2 We note that the frequencies allocated to American may not be used by American until September 7, 2010, concurrent 

with the return of the frequencies by Delta. 

3 We also note that Delta filed an answer to the American July 8, 2010 application in Docket DOT-OST-2010-0179. 

We note finally that Delta filed a related U.S.-Brazil application in Docket DOT-OST-2010-0162 which it subsequently 

withdrew.
any reason other than seasonal use), will be deemed dormant and the allocation as to that frequency will 

expire automatically and the frequency will revert to the Department for reallocation.

In addition, consistent with our practice in awarding U.S.-Brazil frequencies, we will require that American 

and Delta inaugurate service with the frequencies allocated here within 90 days of their proposed startup 

dates of November 18, 2010, for American’s proposed service; and October 28, 2010, for Delta’s proposed 

service (i.e., by February 16, 2011 and January 26, 2011, respectively). Failure to inaugurate service with a 

newly allocated frequency by those dates will result in the unused frequency reverting to the Department.

Remarks: We acted on the applications without awaiting expiration of the respective 15-day answer periods

with the consent of all parties served with the applications.

With our action here, all available U.S.-Brazil combination frequencies have been allocated to U.S. carriers.

_______________________________________________________________________________________

Under 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 or dismissed, we denied all requests in the referenced 

Dockets. 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 actions 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://www.regulations.gov