BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

 

 ) 

Application of ) 

 ) 

SPIRIT AIRLINES, INC. ) Docket DOT-OST-2011- 

 ) 

for Frequency Allocation ) 

(U.S.-Colombia) ) 

 )

APPLICATION OF SPIRIT AIRLINES, INC. 

FOR FREQUENCY ALLOCATION 

Communications with respect to this document should be sent to: 

Joanne W. Young 

David M. Kirstein 

Kirstein & Young, PLLC 

1750 K Street, N.W. 

Suite 200 

Washington, D.C. 20006 

(202) 331-3348 (telephone) 

(202) 331-3933 (facsimile) 

Attorneys for 

SPIRIT AIRLINES, INC. 

September 15, 2011
BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

 

 ) 

Application of ) 

 ) 

SPIRIT AIRLINES, INC. ) Docket DOT-OST-2011-___ 

 ) 

for Frequency Allocation ) 

(U.S.-Colombia) ) 

 )

APPLICATION OF SPIRIT AIRLINES, INC. 

FOR FREQUENCY ALLOCATION 

Pursuant to the Notice Inviting Applications issued by the Department on August 

31, 2011, Spirit Airlines, Inc. (“Spirit”) applies for an allocation of 14 of the 42 new 

scheduled combination frequencies, 21 of which are available now and 21 of which 

become available January 1, 2012, for U.S. – Colombia frequency-restricted routes 

pursuant to the ad referendum agreement between the United States and Colombia, 

signed May 10, 2011 (the “Agreement”). 

Spirit has proven its strong commitment to serving the Colombia market. It now 

serves four Colombian cities – Bogotá, Medellin, Cartagena and Armenia. Passengers 

have found its low fare service to be very attractive, and with the additional requested 

frequencies, it will continue to stimulate traffic in this important market. The anticipated 

signing of the U.S.-Colombia free trade agreement will lead to an increased demand for 

service in the South Florida-Bogotá market – demand which Spirit is well positioned to 

service on behalf of the U.S. 
Spirit Airlines Application 

U.S.-Colombia Frequencies 

Page 2 of 7 

Spirit plans to use the 14 frequencies to operate two additional daily flights 

between Fort Lauderdale and Bogotá and continue on to the beyond points, Quito and 

Guayaquil, Ecuador.1 In addition, if Spirit is awarded 14 FLL-BOG frequencies, it will 

be able to adjust the schedule on its existing seven FLL-BOG frequencies to provide new 

connecting service to Lima, Peru. Accordingly, Spirit’s proposed new service will greatly 

enhance competition in the South Florida-Bogotá market, enable Spirit to improve 

connecting service to U.S. cities behind Fort Lauderdale, bring new service to Ecuador 

where available frequencies and bilateral rights are going unused, as well as enhance 

service to Lima, Peru. 

Spirit plans to initiate year-round service on these routes in April 2012.2 Of the 14 

frequencies, seven will be operated with a 178 seat Airbus 320 and seven will operate 

with a 145 seat Airbus 319. Spirit is acquiring 33 new aircraft over the next five years, 

five of which will be delivered within the next six months. The equipment necessary to 

operate the requested frequencies will be available by the proposed April start date. 

Attached as Exhibit NK-1 is a proposed schedule based on operating a daily Fort 

Lauderdale-Bogotá-Quito flight and a daily Fort Lauderdale-Bogotá-Guayaquil flight.3 

 Spirit cannot accept less then the 14 frequencies for use on the FLL-BOG route. 

A minimum of 14 frequencies is required to enable the carrier to effectively compete 

 

1

 Concurrent with this Application, Spirit is filing an exemption application to engage in scheduled foreign 

air transportation of persons, property and mail between points in the United States, and points in Ecuador 

and requesting the U.S. to designate Bogotá as one of the 15 intermediate points as provided in the recent 

Protocol with Ecuador. 

2

 Operation will decrease slightly by season, thus two of the seven frequencies on each route would not 

operate during the limited period from early September 5, 2012 to November 14, 2012. 

3

 Spirit initially plans to operate seven (7) FLL-BOG-UIO frequencies and seven (7) FLL-BOG-GYE 

frequencies. However, the frequencies to beyond points Quito and Guayaquil may vary depending on 

demand in those markets. The fourteen (14) frequencies to Bogotá will continue to be used regardless of 

any variation in frequency to the beyond points. 
Spirit Airlines Application 

U.S.-Colombia Frequencies 

Page 3 of 7 

against the substantial service now offered by American and two Colombian carriers in 

the South Florida market. When added to the seven frequencies Spirit already operates to 

Bogotá, these additional frequencies will enable Spirit to spread flights across the day and 

provide a schedule that is as attractive as that of its competitors. An allocation of less 

than 14 frequencies will not allow Spirit to provide competitive patterns of service to 

beyond points in Ecuador and to effectively stimulate that market with low fare service. 

 As noted the new authority would also enable Spirit to operate a daily one-stop 

via Bogota to Lima. Currently Spirit operates a daily non-stop during May through 

August, but only a weekly roundtrip from September through April. The one-stop will 

enable Spirit to offer more seats and a consistent annual product in that market which will 

enhance competition. With 21 total FLL-BOG frequencies, Spirit can operate one-stop 

service to Lima while still maintaining an attractive pattern of three daily flights to/from 

Bogotá. All 21 frequencies are necessary to increase service to Lima and to begin service 

to Ecuador. 

 In support of this application, Spirit states as follows:

1. Spirit has dedicated significant resources to developing a strong presence 

in the Caribbean and South American market and in particular in the U.S.-Colombia 

market. Spirit currently operates daily Fort Lauderdale – Bogotá,4

 and Fort Lauderdale –

Medellin service.5

 Spirit also serves Cartagena and Armenia, both Open Skies points. 

Spirit has consistently sought additional Colombian frequencies whenever they become 

available. 

 

4

 Order 2008-5-27. (seven frequencies granted in the 2007/2008 Colombia Frequency Proceeding 5

 Order 2008-12-1.(seven frequencies reallocated to Spirit after being returned to the Department by 

Continental) 
Spirit Airlines Application 

U.S.-Colombia Frequencies 

Page 4 of 7 

2. Since Spirit initiated Fort Lauderdale-Bogotá service in July 2008 and 

brought low fare competition to that market, average fares have dropped and passenger 

traffic has increased. Spirit sees even further room for growth and downward price 

competition. Since it entered the market, and despite a bad economy and rising fuel prices 

generally, U.S. carrier local fares between South Florida and Bogotá have dropped 20% 

while local passengers have increased 17%. See Exhibit NK-2. Importantly, based on the 

last census, the Census Bureau projected 18.5% growth in South Florida’s Colombian 

population between 2007 and 2009, increasing the need for more direct service between 

South Florida and Bogotá. Spirit’s FLL-BOG flights operate at an average 85% load 

factor. While Spirit has only 26% of the U.S. carrier seats in the market it carries 38% of 

the local market and 28% of combined local and connecting passengers. There is clearly 

more demand for Spirit’s service between South Florida and Bogotá than Spirit can 

accommodate with only seven frequencies.6

 With a schedule of flights between FLL and 

BOG that better matches the service offered by American and Avianca, Spirit’s positive 

effect on prices in the market will increase, resulting in even lower average fares. 

3. Spirit proposes to extend the weekly 14 flights to points beyond Bogotá – 

specifically, seven to Quito and seven to Guayaquil, Ecuador. Spirit’s one-stop service to 

Ecuador will institute first-ever low fare service to Ecuador, and inject needed price 

competition into this foreign carrier dominated market. By providing service via Bogotá, 

Spirit will be able to provide those cities with substantial low-fare service as well as 

connecting opportunities throughout Spirit’s domestic system. Without the additional 

 

6

 Additionally, providing beyond service to Ecuador and Peru on Spirit flights to Bogotá will increase 

Spirit’s ability to sustain increased service to Bogotá. 
Spirit Airlines Application 

U.S.-Colombia Frequencies 

Page 5 of 7 

FLL-BOG frequencies to provide an intermediate stopping point, Spirit cannot 

reasonably serve these two cities and maximize use of hard-bargained for U.S. carrier 

rights under the U.S.-Ecuador Air Transport Agreement. 

4. Significantly, the Department in the Colombia Frequency Proceeding 

recognized Spirit’s ability to promote competition in restricted entry markets, noting that, 

if more frequencies had been available, it would have liked to have awarded them to new 

entrants like Spirit to “further enhance their competitive stance against the incumbent 

carriers.” Order 2008-3-4 at 15. As discussed above, allocation of frequencies to Spirit 

has positively affected the price and variety of service offered between the U.S. and 

Colombia. Award of the 14 requested frequencies will continue the price and service 

trend that began upon Spirit’s entrance into the market in 2008 and will extend that 

positive influence to the U.S.-Ecuador market. 

5. The Department has repeatedly found Spirit fit, willing, and able to 

provide scheduled air transportation of persons, property, and mail 7 Spirit holds a 

Certificate of Public Convenience and Necessity to provide interstate air transportation of 

persons, property and mail (Order 98-7-6), a Certificate of Public Convenience and 

Necessity for foreign air transportation of persons, property, and mail to all open-skies 

countries (Order 2007-7-3), and a Certificate of Public Convenience and Necessity for 

limited entry and unlimited entry to foreign markets. 8 There have been no material 

changes within the company that would affect those prior fitness findings. 

 

7

 Spirit requests that the Department take official notice of the financial information it provides the 

Department on a regular basis in its Form 41 reports. 8 See Order 2010-1-12. 
Spirit Airlines Application 

U.S.-Colombia Frequencies 

Page 6 of 7 

6. The public interest requires, as recognized by § 40101(a)(10), that the 

Department seek to avoid “unreasonable industry concentration, excessive market 

domination, monopoly powers, and other conditions that would tend to allow at least one 

carrier or foreign air carrier to unreasonably increase prices, reduce services, or exclude 

competition in air transportation.” In addition, the Department must ensure “the 

availability of a variety of adequate, economic, efficient, and low-priced services...” § 

40101(a)(4). Allocation of the 14 requested combination frequencies to Spirit, an Ultra 

Low Cost Carrier, will strengthen competition and expand consumer travel options in two 

restricted markets. Spirit’s increased service to Bogotá and connecting service to Ecuador 

will further promote competition in the already competitive South Florida-Bogotá market 

as well as provide first ever low fare service to Ecuador, opening up this market for a new 

class of travelers. 

 7. Spirit estimates that annual fuel consumption for its proposed new services 

will not exceed the ten million gallon threshold specified in Section 313.4(a)(1) of the 

Department’s regulations. See Exhibit NK-3. Approval of Spirit’s application does not 

qualify as a major regulatory action under Part 313 of the Department’s rules. 

WHEREFORE, for the reasons described above, and because Spirit is prepared to 

use the 14 requested Colombia frequencies to promote competition, provide low fares, 

and maximize service in restricted markets, Spirit respectfully requests that the 

Department grant its Application for an allocation of 14 combination frequencies to be 
Spirit Airlines Application 

U.S.-Colombia Frequencies 

Page 7 of 7 

used by Spirit for scheduled foreign air transportation between Fort Lauderdale and 

Bogotá, Colombia, and beyond to points in Ecuador. 

Spirit further requests any additional exemption authority or other relief the 

Department may deem necessary for it to operate these frequencies. 

 Respectfully Submitted, 

 

 Joanne W. Young 

 David M. Kirstein 

 Kirstein & Young PLLC 

 1750 K Street N.W. 

 Suite 200 

 Washington, D.C. 20006 

 (202) 331-3348 (telephone) 

 (202) 331-3933 (facsimile) 

 

 Attorneys for 

 SPIRIT AIRLINES, INC. 
CERTIFICATE OF SERVICE

 I hereby certify that I have this day served the foregoing “Application of Spirit 

Airlines, Inc. for Frequency Allocation” by email on the following persons: 

pmurphy@lopmurphy.com patrick.rizzi@hoganlovells.com 

dan.weiss@coair.com russell.bailey@alpa.org 

jeff.morgan@delta.com 

sascha.vanderbellen@delta.com 

steve.morrissey@united.com 

robert.land@jetblue.com 

msinick@ssd.com 

john.allen@faa.gov 

urskr@state.gov 

esta.rosenberg@dot.gov 

brett.kruger@dot.gov 

cdonley@ssd.com 

anbird@fedex.com 

kevin.montgomery@polaraircargo.com 

jrichardson@johnlrichardson.com 

efaberman@wileyrein.com 

howard.kass@usairways.com 

benjamin.slocum@usairways.com 

jhill@dlalaw.com 

mgoldman@sgbdc.com 

carl.nelson@aa.com 

robert.cohn@hoganlovells.com 

 

 

 __________________________ 

 Lyndsey Grunewald 

September 15, 2011 
 SPIRIT AIRLINES

BOGOTÁ PROPOSED SCHEDULE

TOTAL TOTAL

ELAPSED ELAPSED

DEPART ARRIVE FLIGHT STP/VIA FREQ EQP TIME DEPART ARRIVE FLIGHT STP/VIA FREQ EQP TIME

 *** BOGOTÁ, COLOMBIA [ BOG ] ***

TO ATLANTA, GA [ATL] FROM ATLANTA, GA [ATL]

 6:00a 5:58p 974/600 1/FLL Daily 320/319 10:58 7:00a 1:20p 231/807 1/FLL Daily 319 7:20

 2:10p 11:29p 400/230 1/FLL Daily 319 8:19

TO ATLANTIC CITY, NJ [ACY] FROM ATLANTIC CITY, NJ [ACY]

 6:00a 5:28p 974/262 1/FLL Daily 320/321 10:28 7:00a 1:20p 259/807 1/FLL Daily 320/319 7:20

 2:10p 11:03p 400/268 1/FLL Daily 319/320 7:53 12:29p 9:00p 235/975 1/FLL Daily 319/320 9:31

TO BOSTON, MA [BOS] FROM BOSTON, MA [BOS]

 2:10p 12:16a+1 400/126 2/FLL Daily 319/320 8:06 5:25a 1:20p 103/807 2/FLL Daily 320/319 8:50

TO CHICAGO, IL - O'HARE [ORD] FROM CHICAGO, IL - O'HARE [ORD]

 6:00a 6:54p 974/436 1/FLL Daily 320/319 12:54 5:30a 1:20p 409/807 1/FLL Daily 320/319 7:50

 2:10p 10:27p 400/464 1/FLL Daily 319/320 8:17 9:48a 9:00p 433/975 1/FLL Daily 319/320 11:12

TO DALLAS/FORT WORTH, TX [DFW] FROM DALLAS/FORT WORTH, TX [DFW]

 2:10p 10:15p 400/971 1/FLL Daily 319/320 8:05 6:00a 1:20p 972/807 1/FLL Daily 320/319 7:20

TO DETROIT, MI [DTW] FROM DETROIT, MI [DTW]

 2:10p 11:09p 400/380 1/FLL Daily 319/320 7:59 6:45a 1:20p 417/807 1/FLL Daily 320/319 7:35

TO FORT LAUDERDALE, FL [FLL] FROM FORT LAUDERDALE, FL [FLL]

 6:00a 10:45a 974 0 Daily 320 3:45 5:35a 8:20a 805 0 247 319 3:45

 2:10p 6:55p 400 0 Daily 319 3:45 6:10a 8:55a 805 0 1356 319 3:45

 6:35p 11:20p 402 0 247 319 3:45 10:35a 1:20p 807 0 Daily 319 3:45

 7:10p 11:55p 402 0 1356 319 3:45 6:15p 9:00p 975 0 Daily 320 3:45

TO GUAYAQUIL, ECUADOR [GYE] FROM GUAYAQUIL, ECUADOR [GYE]

 9:00a 10:45a 805 0 247 319 1:45 11:25a 1:10p 400 0 247 319 1:45

 2:00p 3:45p 807 0 1356 319 1:45 4:25p 6:10p 402 0 1356 319 1:45

TO LAS VEGAS, NV [LAS] FROM LAS VEGAS, NV [LAS]

 2:10p 11:45p 400/971 2/FLL Daily 319/320 11:35 12:50a 1:20p 972/807 2/FLL Daily 320/319 10:30

10:00p 8:55a+1 954/805 1/FLL 2457 319 8:55

TO LIMA, PERU [LIM] FROM LIMA, PERU [LIM]

10:00p 1:00a+1 975 0 Daily 320 3:00 1:50a 5:00a 974 0 Daily 320 3:10

TO LOS ANGELES, CA [LAX] FROM LOS ANGELES, CA [LAX]

 2:10p 11:05p 400/339 1/FLL Daily 319 10:55 11:00p 1:20p+1 310/807 1/FLL Daily 319 12:20

TO MYRTLE BEACH, SC [MYR] FROM MYRTLE BEACH, SC [MYR]

 2:10p 9:42p 400/126 1/FLL Daily 319/320 6:32 8:12a 1:20p 103/807 1/FLL Daily 320/319 6:08

TO NEW YORK, NY - LAGUARDIA [LGA] FROM NEW YORK, NY - LAGUARDIA [LGA]

 6:00a 2:46p 974/180 1/FLL Daily 320 7:46 6:45a 1:20p 705/807 1/FLL Daily 320/319 7:35

 2:10p 10:57p 400/710 1/FLL Daily 319/320 7:47 10:50a 9:00p 197/975 1/FLL Daily 321/320 11:10

TO NIAGARA FALLS/BUFFALO, NY/TORONTO, ON [IAG] FROM NIAGARA FALLS/BUFFALO, NY/TORONTO, ON [IAG]

 2:10p 12:30a+1 400/416 1/FLL 247 319 9:20 1:55a 8:55a 647/805 1/FLL 135 319 8:00

TO ORLANDO, FL [MCO] FROM ORLANDO, FL [MCO]

 2:10p 8:58p 400/676 1/FLL Daily 319 5:48 8:45a 1:20p 675/807 1/FLL Daily 319 5:35

TO PLATTSBURGH, NY/MONTREAL, QC [PBG] FROM PLATTSBURGH, NY/MONTREAL, QC [PBG]

 2:10p 12:45a+1 400/450 1/FLL 1356 319 9:35 1:35a 8:20a 451/805 1/FLL 247 319 7:45

 1:35a 8:55a 451/805 1/FLL 6 319 8:20

TO QUITO, ECUADOR [UIO] FROM QUITO, ECUADOR [UIO]

 9:35a 11:00a 805 0 1356 319 1:25 11:40a 1:10p 400 0 1356 319 1:30

 2:00p 3:25p 807 0 247 319 1:25 4:05p 5:35p 402 0 247 319 1:30

TO TAMPA/ST. PETERSBURG, FL [TPA] FROM TAMPA/ST. PETERSBURG, FL [TPA]

 2:10p 9:01p 400/642 1/FLL Daily 319 5:51 9:06a 1:20p 639/807 1/FLL Daily 319 5:14

TO WASHINGTON, DC - REAGAN NATIONAL [DCA] FROM WASHINGTON, DC - REAGAN NATIONAL [DCA]

 6:00a 3:59p 974/394 1/FLL Daily 320/319 7:59 7:00a 1:20p 827/807 1/FLL Daily 320/319 7:20

 2:10p 10:29p 400/816 1/FLL Daily 319/320 7:19 10:06a 9:00p 301/975 1/FLL Daily 320 9:54

Flights highlighted in yellow are new nonstop and connections created from added frequencies.

Note: BOG, UIO, GYE and LIM departure and arrival times are one hour later than shown between November and March each year (during U.S. standard time).

Notes that apply to all schedule information

Additional flights would operate with either Airbus A319 aircraft with 145 seats (319) or Airbus A320 aircraft with 178 seats (320).

All times shown are local as of the effective date of the schedule shown.

There are no time differences except during daylight savings time because:

 - Fort Lauderdale is GMT-5 (GMT-4 during daylight savings time).

 - Bogotá is GMT-5 year round.

 - Local times in Bogotá are the same as U.S. times except the will be one hour earlier during U.S. daylight savings time
Airline Performance Report for US carriers in South Florida - Bogota market

Numbers are per day each way unless otherwise noted

Avg

Avg

Avg

Avg Avg

Avg

Avg

Daily Daily Daily Daily Daily Daily Daily 

Year Airline City Pair Lcl Pax Seg Pa

x Seats RTs Seg LF Lcl Pax 

% Lcl Fare 

YE4Q07 American MIA-BOG 183.3 394.3 504.4 2.0 78.2% 46.5% 232.77 $ 

YE4Q08 American MIA-BOG 197.5 401.9 537.4 2.1 74.8% 49.1% 221.44 $ 

YE4Q09 American MIA-BOG 156.2 325.5 413.9 2.0 78.6% 48.0% 199.87 $ 

YE4Q10 American MIA-BOG 132.4 317.6 408.5 2.0 77.8% 41.7% 223.36 $ 

YE4Q07 Spirit FLL-BOGYE4Q08 Spirit FLL-BOG 40.1 48.8 63.5 0.4 76.9% 82.2% 101.41 $ 

YE4Q09 Spirit FLL-BOG 86.8 114.9 144.3 1.0 79.6% 75.5% 128.45 $ 

YE4Q10 Spirit FLL-BOG 81.4 121.9 141.9 1.0 85.9% 66.8% 125.08 $ 

YE4Q07 SOF-BOG 183.3 394.3 504.4 2.0 78.2% 46.5% 232.77 $ 

YE4Q08 SOF-BOG 237.6 450.7 600.9 2.6 75.0% 52.7% 201.16 $ 

YE4Q09 SOF-BOG 243.0 440.4 558.2 3.0 78.9% 55.2% 174.37 $ 

YE4Q10 SOF-BOG 213.8 439.5 550.4 3.0 79.8% 48.7% 185.93 $ 

Change in US carrier-operated size of South Florida - Bogota market since Spirit's entry2010 vs 2007 SOF-BOG 17% 11% 9% 45% -20% Spirit's share of South Florida - Bogota market operated by US carriersYE4Q08 17% 11% 11% 17%YE4Q09 36% 26% 26% 33%YE4Q10 38% 28% 26% 33%Notes:

 - Spirit began service to Bogota in July 2008.  - Foreign Flag data is not included, which excludes data from Avianca and Aires, two Colombian carriers that have also operated in these markets. - Pax, Seats, RTs, and LF are derived from T-100. Lcl %, Fare data, are derived from U.S. DOT O&D. Aircraft-type RTs are derived from actual schedules published by the carriers. - Fare and/or Revenue figures do not include other revenue (cargo, fees, etc.) - Lcl = Local, Seg = Flight Segment, RTs = Round Trips, LF = Load FactorSource: Diio Mi Airline Performance Tool, T-100, and DB1B data sources
SPIRIT AIRLINES

Fuel estimates for new services

FLL-BOG-FLL, 7 frequencies per week

1,971,000 gallons per year on an A319

FLL-BOG-FLL, 7 frequencies per week

2,107,875 gallons per year on an A320

BOG-UIO-BOG, 7 frequencies per week

788,400 gallons per year on an A319

BOG-GYE-BOG, 7 frequencies per week

919,800 gallons per year on an A319

BOG-LIM-BOG, 7 frequencies per week

1,731,268 gallons per year on an A320