BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

Application of 

AIR CANADA 

for a Blanket Statement of 

Authorization pursuant to 

14 C.F.R. Part 212 

Docket OST -2014-_ _ _ 

APPLICATION OF AIR CANADA 

FOR A BLANKET STATEMENT OF AUTHORIZATION 

Communications concerning this document may be served upon: 

Anita M. Mesner 

Jennifer M. Nowak 

Holland & Knight LLP 

800 17TH Street, NW 

Suite 1100 

Washington, DC 20006 

Tel: (202) 419-2604 

Fax: (202) 955-5564 

anita. mosner@hklaw. com 

Counsel for Air Canada 

October 8, 2014 

Notice: ANY PERSON MAY FILE AN ANSWER TO THIS APPLICATION. THE 

APPLICANTS ARE REQUESTING EXPEDITED RELIEF FROM THE DEPARTMENT 

AND WILL POLL ALL INTERESTED PARTIES. 
BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

Application of 

AIR CANADA 

for a Blanket Statement of 

Authorization pursuant to 

14 C.F.R. Part 212 

Docket OST -2014-__ _ 

APPLICATION OF AIR CANADA 

FOR A BLANKET STATEMENT OF AUTHORIZATION 

Air Canada hereby applies for a blanket statement of authorization pursuant to 

14 C.F.R. Part 212 to enable Air Canada to display the Aerovias del Continente 

Americana S.A. ("Avianca") "AV*" code on flights operated by Air Canada, as described 

below. 

In support of its application, Air Canada states the following: 

1. Air Canada requests a blanket statement of authorization to display 

Avianca's AV* airline designator code on flights operated by Air Canada from any point 

or points in Canada, via intermediate points to any point or points in the U.S.,

1 so that 

Avianca can hold out service beyond the United States to points in Canada. Avianca 

1 Some of the transborder flights operated under this arrangement may be performed by Jazz 

Aviation (Jazz) LP, Sky Regional Airlines, Inc., or Air Georgian, carrying the AC* code. Jazz, Sky 

Regional, and Air Georgian each holds a Foreign Air Carrier Permit and has broad-based 

authority to display the AC* code on its flights. See Jazz Foreign Air Carrier Permit, Order 2009-

6-13 (Jun. 17, 2009); Air Canada/Jazz Statement of Authorization (Feb. 25, 2009), Docket OST2009-0025; Sky Regional Foreign Air Carrier Permit, Order 2011-7-11 (Jul. 27, 2011); Air 

Canada/Sky Regional Notice of Action Taken (Feb. 1, 2013), Docket OST -2013-001 0; Air 

Georgian Foreign Air Carrier Permit, Order 2003-8-3 (Aug. 7, 2003); Air Canada/Air Georgian 

Statement of Authorization (Sep. 13, 2013), Docket OST-2013-0156. To the extent necessary, 

Air Canada requests that the statement of authorization permit the display of the AV* designator 

code on all flights between the U.S. and Canada by current commuter carriers which are 

authorized to operate under the AC* code. 
Air Canada 

Application for a Statement of Authorization 

will not market its codeshare service to local passengers traveling solely between the 

U.S. and Canada. 

2. Both Air Canada and Avianca hold the necessary underlying economic 

authority to engage in the proposed codeshare operations. Air Canada holds a foreign 

air carrier permit that authorizes it, inter alia, to engage in scheduled foreign air 

transportation of persons, property, and mail from points behind Canada, via Canada 

and intermediate points, to a point or points in the United States and beyond.

2 Avianca 

holds exemption authority that permits it, inter alia, to engage in scheduled foreign air 

transportation of persons, property, and mail from points behind Colombia, via 

Colombia and intermediate points to points in the U.S. and beyond.

3 

3. The proposed blanket codeshare authorization requested herein is 

consistent with the 2007 Open Skies Agreement between the U.S. and Canada, and 

the 2011 Open Skies Agreement between the U.S. and Colombia. Both of these 

agreements grant broad authority for homeland carriers of the parties to engage in 

cooperative marketing arrangements such as codesharing with carriers of third 

countries. 

4 

4. The codesharing proposed herein is also fully consistent with the public 

interest. The codeshare arrangement will allow Avianca to expand its online network, 

thereby promoting competition and enhancing service options for travelers. The 

requested approval is also consistent with the Department's grant of blanket 

2 Order 2008-9-23 (Jul. 18, 2008), Docket No. OST-2007-28768. 3 Notice of Action Taken (Jan. 3, 2013), Docket OST-2012-0137. 4 Both agreements allow any designated airline of one Party to enter into cooperative marketing 

arrangements such as blocked-space, code-sharing or leasing arrangements, with an airline or 

airlines of either Party, or an airline or airlines of a third country. U.S.-Canada Open Skies 

Agreement, Art. 11, 1J 6 (Mar. 12, 2007); U.S.-Colombia Open Skies Agreement, Art. 8, 1J ?(b) 

(May 10, 2011 ). 

2 
Air Canada 

Application for a Statement of Authorization 

codesharing authority to other foreign carriers whose homeland governments have 

open skies relationships with the U.S.

5 

5. Under the Department's Notice in the Matter of Blanket Notification of 

Codeshare Service to Open-Skies Partners and Points, dated February 9, 2009, Air 

Canada hereby provides blanket notification of its intent to engage in codeshare service 

to open skies points, as described above.

6 Air Canada agrees to notify the Department 

no later than 30 days before commencing any codeshare service to non-open skies 

points. 

6. Air Canada and Avianca will abide by the consumer notification 

requirements of 14 C.F.R. Part 257, as well as the other conditions and limitations the 

Department normally attaches to codeshare operations. 

7. Air Canada requests a waiver of the provision that requires carriers to file 

requests for Statements of Authorization at least 45 days in advance of their proposed 

startup date. Air Canada also requests that the Statement of Authorization be issued 

for an indefinite period, consistent with Department practice. 

WHEREFORE, Air Canada respectfully requests the Department to grant it the 

Statement of Authorization described above on an expedited basis and to grant it such 

other and different relief as is consistent with this application and with the public interest. 

5 See, e.g., Department Action on Application (Jan. 12, 2012), Docket OST-2012-0003 (Air 

Berlin/Etihad); Department Action on Application (Nov. 15, 2012), Docket OST-2012-0187 

(Condor/Thomas Cook); Department Action on Application (Oct. 3, 2011 ), Docket OST-2011-

0181 (JAULAN). 6 The initial markets covered are: MIA-YYZ/YUL, and LAX-YVR/YYC. 

3 
Respectfully submitted, 

~ Anita M. Mesner 

Jennifer M. Nowak 

Holland & Knight LLP 

Attorneys for Air Canada 

4 

Air Canada 

Application for a Statement of Authorization 
CERTIFICATE OF SERVICE 

I hereby certify that I have this date served the foregoing document on the persons identified 

below by causing a copy to be sent by electronic mail. 

robert. wirick@aa. com 

howard.kass@aa.com 

sharon. pasley@fedex. com 

cefelts@fedex.com 

sllunsford@fedex.com 

dan. weiss@united.com 

Steve. morrissey@u nited. com 

sascha. vanderbellen@delta.com 

chris. walker@delta.com 

jyoung@yklaw.com (Counsel for Spirit Airlines) 

dkirstein@yklaw.com (Counsel for Spirit Airlines) 

marshall.sinick@ssd.com (Counsel for Alaska Airlines) 

agoerlich@ggh-airlaw.com(Counsel for Allegiant) 

rpommer@atlasair. com 

kevin. montgomery@polarai rcargo.com 

peter. beckett@polaraircargo. com 

dsmalls@ups.com 

anita.mosner@hklaw.com (Counsel for United Parcel Service) 

jennifer.nowak@hklaw.com (Counsel for United Parcel Service) 

mlbenge@zsrlaw.com (Counsel for North American) 

thomas.ting@suncountry.com 

jcanny@amerijet.com 

jrichardson@johnlrichardson.com (Counsel for Amerijet) 

jhill@cooley.com (Counsel for Hawaiian and JetBiue) 

perkmann@cooley.com (Counsel for Hawaiian and JetBiue) 

matwood@cozen.com (Counsel for Kalitta Air and Frontier) 

stephen.lachter@lachterlaw.com (Counsel for Frontier) 

bob. kneisely@wnco. com 

leslie.abbott@wnco.com 

rsilverberg@sgbdc.com (Counsel for ABX) 

jjohnson@sgbdc.com (Counsel for ABX) 

dmendersbee@zsrlaw.com (Counsel for Avianca) 

jhfoglia@zsrlaw.com (Counsel for Avianca) 

john.s.duncan@faa.gov 

cristinasa@state. gov 

-ycrng 

Peter Ormerod 

October 8, 2014