BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

Application of 

SOCIEDAD AERONAUTICA DE 

MEDELLIN CONSOLIDADA S.A. 

for an exemption pursuant to 49 U.S.C. § 

40109 (Colombia - U.S.) and statement of 

authorization pursuant to Part 212 

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Docket DOT-OST-2008-0143 

Application of 

DELTA AIR LINES, INC. 

for an amended exemption pursuant to 

49 U.S.C. § 40109 

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Docket DOT-OST-2002-14057 

JOINT APPLICATION OF SOCIEDAD AERONAUTICA 

DE MEDELLÍN CONSOLIDADA S.A. AND DELTA AIR LINES, INC.

Communications with respect to this document should be sent to: 

Alexander Van der Bellen, 

 Managing Director, Government Affairs 

 and Associate General Counsel 

Jeff Morgan 

 Regional Director, Government Affairs 

DELTA AIR LINES, INC. 

1212 New York Avenue, NW Suite 200 

Washington, DC 20005 

(202) 842-4184 

sascha.vanderbellen@delta.com

March 19, 2010 

Richard D. Mathias, Esq. 

David Endersbee, Esq. 

ZUCKERT, SCOUTT & RASENBERGER 

LLP 

888 Seventeenth Street, N.W. 

Suite 700 

Washington, DC 20037 

Phone: (202) 298-8660 

Fax: (202) 342-0683 

E-mail: rdmathias@zsrlaw.com 

 dmendersbee@zsrlaw.com 

Counsel for SOCIEDAD AERONAUTICA 

DE MEDELLIN CONSOLIDADA S.A. 

NOTICE: The Joint Applicants are conducting a poll on this application and will 

advise the Department of the results as soon as possible.
 

BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

Application of 

SOCIEDAD AERONAUTICA DE 

MEDELLIN CONSOLIDADA S.A. 

for an exemption pursuant to 49 U.S.C. § 

40109 (Colombia - U.S.) and statement of 

authorization pursuant to Part 212 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

Docket DOT-OST-2008-0143 

Application of 

DELTA AIR LINES, INC. 

for an amended exemption pursuant to 

49 U.S.C. § 40109 

) 

) 

) 

) 

) 

) 

) 

) 

Docket DOT-OST-2002-14057 

JOINT APPLICATION OF SOCIEDAD AERONAUTICA 

DE MEDELLÍN CONSOLIDADA S.A. AND DELTA AIR LINES, INC.

 Pursuant to Rule 5 of the Department's Rules of Practice, Sociedad Aeronautica 

de Medellín Consolidada S.A. (“SAM”) amends the exemption application it filed on April 

18, 2008, as amended on July 11, 2008, and requests a statement of authorization so that 

it may display the code of Delta Air Lines, Inc. (“Delta”) on SAM’s intra-Colombia and 

Colombia-third country flights, pursuant to codesharing agreements between Delta and 

Aerovías del Continente Americano SA Avianca (“Avianca”) and between Delta and SAM. 

For its part, Delta seeks an amendment of its existing exemption authority to permit it to 

display its code on SAM’s intra-Colombia and Colombia-third country flights, in connection 

with Delta and Avianca’s existing codesharing services. 

 Delta and SAM seek to begin offering codeshare services as soon as possible. 

Accordingly, the Joint Applicants request that this application be promptly approved, that 
Joint Application of Delta and SAM 

Page 2 

the requested exemptions be granted for a period of at least two years, and the requested 

statement of authorization be granted for an indefinite duration.1

In support of this Application, the Joint Applicants submit the following: 

1. SAM is a subsidiary of Avianca, the flag carrier of Colombia. In 2008 SAM 

applied for an exemption to engage in (1) scheduled and charter foreign air transportation 

of persons, property, and mail between a point or points in Colombia, on the one hand, 

and Miami, on the other hand; and (2) authority to operate other charter flights pursuant to 

Part 212 of the Department’s regulations. SAM also sought a statement of authorization 

pursuant to Part 212 in order for SAM to display Avianca’s AV* designator code on SAM 

flights operated pursuant to the requested exemption authority. SAM’s application 

remains pending. 

2. SAM and Delta recently executed a codesharing agreement (a redacted 

copy of which is attached as Exhibit 1), pursuant to which SAM will display Delta’s DL* 

designator code on certain intra-Colombia flights operated by SAM in connection with 

Delta’s U.S. – Colombia service. This codesharing agreement adopts terms and 

conditions substantially similar to the main Avianca/Delta codesharing agreement 

previously approved by the Department. See Notices of Action Taken, February 3, 2003 

and August 13, 2003, Docket DOT-OST-2002-14057. The proposed services are fully 

consistent with the Department’s prior Delta/Avianca codeshare approvals and with the 

U.S.-Colombia Air Transport Agreement. 

3. To enable it to codeshare with Delta, SAM now requests (a) an exemption 

under 49 U.S.C. § 40109 to engage in scheduled foreign air transportation of persons, 

property, and mail to the extent necessary to display Delta’s “DL”* designator code on 

 

1

 The Joint Applicants hereby request a waiver of the 45-day advance filing requirement under 

Part 212 so that Delta/SAM codesharing services may be introduced without delay. 
Joint Application of Delta and SAM 

Page 3 

flights operated by SAM within Colombia and between Colombia and third country points,2

and (b) a statement of authorization pursuant to 14 C.F.R. Part 212 to enable SAM to 

display Delta’s “DL” designator code in conjunction with foreign air transportation on flights 

operated by SAM between Delta’s Colombia gateways and (1) any authorized point in 

Colombia3

 and (2) Quito and Guayaquil, Ecuador. This statement of authorization 

requested by SAM would mirror the amended statement of authorization issued to 

Avianca by Notice of Action Taken February 9, 2005 in Docket DOT-OST-2002-14057. 

SAM incorporates by reference the fitness information previously filed in Docket DOTOST-2008-0143. 

4. The initial city pairs where SAM will display Delta’s code are set forth in 

Exhibit 2. SAM and Delta may, in the future, expand the points on which Delta’s code is 

displayed. Therefore, the Joint Applicants request the broader authority described herein 

to provide them with the flexibility to expand Delta codeshare service to SAM operated 

flights beyond any of Delta’s Colombian gateway to any authorized Colombia/Ecuador 

point, consistent with the flexibility granted for Avianca operated flights. 

5. Delta holds exemption authority under 49 U.S.C. § 40109 authorizing it to 

conduct, on a codeshare-only basis, scheduled foreign air transportation of persons, 

property, and mail persons, property, and mail, between points in the United States and 

(1) points in Colombia, via intermediate points and beyond4

, and (2) Guayaquil and Quito, 

 

2

 SAM will not operate its own aircraft between the U.S. and Colombia, and seeks an exemption 

only to the extent necessary to permit Delta to hold out service on SAM operated flights pursuant to 

Delta’s codesharing agreements with Avianca and SAM. 

3

 The currently authorized Colombian points are Armenia, Bogota, Barranquilla, Bucaramanga, 

Cali, Cartagena de Indias, Cucuta, Manizales, Medellin, Pereira, and San Andres Island. 

4

 Delta’s authority to serve Colombia is limited to the five named and six selected points under the 

U.S.-Colombia Air Transport Agreement (Barranquilla, Bogota, Cali, Cartagena de Indias, Medellin, 

Armenia, Bucaramanga, Cucuta, Manizales, Pereira and San Andres Island). 
Joint Application of Delta and SAM 

Page 4 

Ecuador, via intermediate points and beyond.5

 Delta also holds authority to combine 

services operated under these exemptions with all of its existing certificate and exemption 

authority, consistent with international agreements. Notice of Action Taken in Docket 

DOT-OST-2002-14057 (Aug. 13, 2003). This authority has remained in effect pursuant to 

Part 377 of the Department’s regulations as a renewal application was timely filed on June 

13, 2005. 

6. When the Department initially issued Delta’s exemption authority for these 

services, it specified that this authority was limited to codesharing with Avianca and 

ACES.6

 Delta, therefore, seeks an amendment to this exemption to remove ACES and 

include SAM, in order to hold out service on SAM’s flights. 

7. The same public interest considerations that supported the grant of 

codeshare authority to Delta and Avianca apply with equal force to the services operated 

by SAM on behalf of Avianca. Delta and Avianca have a longstanding codesharing 

relationship, and grant of this application will enable Delta to further expand its on-line 

service options to cities beyond Avianca’s Colombian gateways, benefiting the traveling 

public of both the U.S. and Colombia. The carriers intend to commence these 

codesharing services as soon as all government approvals are obtained. 

8. The proposed services are fully consistent with the Air Transport 

Agreement between the United States and Colombia, as amended, which allows U.S. 

carriers to enter into cooperative marketing arrangements including codesharing 

agreements with Colombian carriers. 

 

5

 Delta’s U.S.-Guayaquil/Quito authority is limited to the named points in the Air Transport 

Agreement between the United States and Ecuador. Due to U.S.-Ecuador bilateral limitations, 

Delta does not presently serve Ecuador under its codesharing agreement with Avianca. However, 

Delta wishes to maintain its exemption to serve Quito and Guayaquil on a codeshare basis in case 

future U.S.-Ecuador bilateral conditions permit such service. 

6

 ACES is no longer in existence. 
Joint Application of Delta and SAM 

Page 5 

9. Delta and SAM will conduct these codeshare services in accordance with 

14 C.F.R. Part 257 and the other conditions normally imposed by the Department on 

codesharing statements of authorization. Delta's engagement in these codeshare 

services will not affect its commitment of aircraft to the CRAF program. 

10. Delta will rely on SAM’s IOSA certification to support the instant codeshare 

request. Delta’s compliance statement on SAM’s IOSA codeshare safety audit was 

presented to the Federal Aviation Administration on September 17, 2009. Delta received 

a no objection response from the FAA on October 7, 2009. The FAA has rated Colombia 

a Category 1 country. 

WHEREFORE, based upon the foregoing, Sociedad Aeronautica de Medellín 

Consolidada S.A. respectfully requests that it be granted an exemption and a statement of 

authorization, in order for it to engage in scheduled foreign air transportation of persons, 

property and mail, pursuant to its codesharing agreement with Delta Air Lines, Inc., and 

Delta Air Lines, Inc., requests an amendment to its exemption authority in order to engage 

in the codeshare services more fully described above. 
Joint Application of Delta and SAM 

Page 6 

Respectfully submitted, 

/s/ Richard D. Mathias 

________________________________ ________________________________ 

Alexander Van der Bellen, 

Managing Director, Government Affairs 

 and Associate General Counsel 

DELTA AIR LINES, INC. 

1212 New York Avenue NW 

Washington, DC 20005 

Phone: (202) 842-4184 

Email: sascha.vanderbellen@delta.com 

 

Richard D. Mathias, Esq. 

David Endersbee, Esq. 

ZUCKERT, SCOUTT & RASENBERGER 

LLP 

888 Seventeenth Street, N.W. 

Suite 700 

Washington, DC 20037 

Phone: (202) 298-8660 

Fax: (202) 342-0683 

E-mail: rdmathias@zsrlaw.com 

 dmendersbee@zsrlaw.com 

Counsel for SOCIEDAD AERONAUTICA 

DE MEDELLIN CONSOLIDADA S.A. 
EXHIBIT 1

Delta/SAM Codesharing Agreement 





EXHIBIT 2

Initial Codeshare Markets 

Delta “DL*” code on flights operated by SAM 

Between Bogota (BOG) and:

Cali (CLO) 

Bucaramanga (BGA) 

Barranquilla (BAQ) 

Medellin (MDE) 

Cartagena (CTG) 

Pereira (PEI) 
CERTIFICATE OF SERVICE

A copy of the foregoing document has been served this 19th day of March, 2010, upon 

the following persons via email: 

carl.nelson@aa.com 

dan.weiss@coair.com 

hershel.kamen@coair.com 

rbkeiner@crowell.com (for Continental) 

mrosia@crowell.com (for Continental) 

jeffrey.manley@united.com 

julie.oettinger@united.com 

howard.kass@usairways.com 

benjamin.slocum@usairways.com 

dkirstein@yklaw.com (for Spirit) 

jyoung@yklaw.com (for Spirit) 

jhill@dowlohnes.com (for JetBlue) 

robert.land@jetblue.com 

esta.rosenberg@dot.gov 

george.wellington@dot.gov 

brian.hedberg@dot.gov 

mike.orr@airlineinfo.com