BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

 ) 

Application of ) 

 ) 

AVIATION SERVICES, LTD. ) DOCKET DOT-OST-2010-0153* 

(d/b/a FREEDOM AIR (Guam)) ) 

 ) 

for a Certificate of Public Convenience ) 

and Necessity (Foreign Passenger ) 

Charter Service) ) 

REPLY OF AVIATION SERVICES, LTD. (d/b/a 

FREEDOM AIR (Guam)) 

Communications with respect to this document should be sent to: 

Gregory P. Cirillo 

Wiley Rein LLP 

7925 Jones Branch Drive 

McLean, Virginia 22102 

Ph: 703-905-2800 

Fx: 703-905-6701 

E: GCirillo@wileyrein.com 

March 9, 2011 

* A substantively identical Reply has been filed in the related docket DOT-OST-2010-

0190. 
1 

BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

 ) 

Application of ) 

 ) 

AVIATION SERVICES, LTD. ) DOCKET DOT-OST-2010-0153 

(d/b/a FREEDOM AIR (Guam)) ) 

 ) 

for a Certificate of Public Convenience ) 

and Necessity (Foreign Passenger ) 

Charter Service) ) 

 ) 

REPLY OF AVIATION SERVICES, LTD. (d/b/a FREEDOM AIR (Guam)) 

 By letter of February 14, 2011, the Air Line Pilots Association (“ALPA”) sought 

to bring certain facts to the attention of the Department of Transportation that ALPA 

thought relevant to the applications of Aviation Services, Ltd. (d/b/a/ Freedom Air 

(Guam)) (“Freedom Air”) in the above-captioned matter. A substantially similar filing 

was made by Cape Air on March 7, 2011. 

 As further explained and established by the attached Affidavit of fact, the 

operations that were the subject of the foregoing filings were unrelated to Freedom Air 

and therefore unrelated and irrelevant to the pending applications that are the subject of 

this docket. While Freedom Air would intend to employ the d/b/a “Fly Guam” when 

authorized, that d/b/a is not owned by nor exclusive to Freedom Air and can, and will, be 

employed in other contexts in compliance with applicable law. 

 Freedom Air trusts that the Department will not permit further delay as a result of 

these filings, and will issue its Order to Show Cause promptly (whereupon interested 
2 

parties may bring such other information to the Department’s attention as they deem 

appropriate). 

 

 Respectfully submitted, 

 

 Gregory P. Cirillo 

 Wiley Rein, LLP 

 7925 Jones Branch Drive 

 McLean, VA 22102 

 703-905-2800 

 703-905-7601 (fax) 

 gcirillo@wileyrein.com 

 Counsel for Aviation Services, Ltd. 

March 9, 2011
AFFIDAVIT 

The undersigned is an authorized representative of Fly Micronesia, LLC who 

personally knows the facts relative to the matters attested herein. The undersigned, as an 

authorized representative of Fly Micronesia, LLC attests that he is authorized to make the 

representations made herein. The undersigned being first duly sworn on oath, deposes, 

states and warrants as follows: 

1. Fly Micronesia, LLC owns the rights to the service mark "Fly Guam" and 

employs that mark in connection with its travel business. 

2. Fly Micronesia, LLC has contracted with Sky King, Inc., as carrier, to organize 

and conduct public charter operations originating and terminating in Micronesia. Those 

charter operations will employ the trade name "Fly Guam." 

3. Subject to the foHowing paragraph, any reference to current or intended air 

transportation associated with "Fly Guam" refers to current or proposed operations 

wherein Sky King, Inc. is the certificated carrier providing the transportation. 

4. The service mark "Fly Guam" may also be used if and when Freedom Air (Guam) 

obtains requisite authority from the DOT and the FAA to perform such operations. 

5. On or about February 14,2011, Fly Micronesia, LLC conducted a test of an 

online booking facility using the web site platform of Freedom Air (Guam). Due to a 

miscommunication with the technology vendor, the test site was not screened from public 

view and use. As a result, for a short period of time the page would appear to accept 

bookings. The functionality, once proven and accepted, was to be moved to 

FlyGuam.com. 
6. No flight bookings were made at freedomairguam.com, and upon recognition that 

the functionality was not screened from public view and use, it was immediately 

removed. 

AFFIANT: 

frey Stern 

: Chief Executive Officer 

Notarized: 

J tt-/ f tA-vz , STATEOF ____ _ 

The foregoing was sworn to and subscribed in my presence on ________ _ 

2011. 
3 

CERTIFICATE OF SERVICE 

 I hereby certify that I have, this 9th day of March, 2011, caused the attached 

Reply on the following persons: 

Vanessa R. Balgobin 

Air Carrier Fitness Division 

U.S. Department of Transportation 

1200 New Jersey Avenue, SE 

Washington, DC 20590 

Stanley C. Chuck 

Principal Maintenance Inspector 

FAA-HNL CMO 

135 Nakolo Place 

Honolulu, HI 96819 

Tim McCarthy 

FAA-HNL CMO 

135 Nakolo Place 

Honolulu, HI 96819 

Lisa Kiele, Vice President 

Business Development & Distribution 

Cape Air 

660 Barnstable Road 

Hyannis, MA 02601 

John R. Byerly 

Deputy Assistant Secretary, 

Transportation Affairs 

U.S. Department of State 

2201 C Street, NW 

Washington, DC 20520 

R. Bruce Keiner, Jr. 

Crowell & Moring LLP 

1001 Pennsylvania Avenue, NW 

Washington, DC 20004-2595 

rbkeiner@crowell.com 

Russell Bailey 

David Semanchik 

Air Line Pilots Association, Int’l 

1625 Massachusetts Ave., NW 

Suite 800 

Washington, D.C. 20036

 ______________________________ 

By: 

for Aviation Services, Ltd. (d/b/a Freedom 

Air (Guam))