### 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 th is 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 Li ne 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-captione d 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 fore going 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 in tend to employ the d/b/a “Fly Guam” when authorized, that d/b/a is not owned by nor ex clusive to Freedom Air and can, and will, be employed in other contexts in compliance with applicable law. Freedom Air trusts that the Department wi ll 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, 2011AFFIDAVIT

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 9t h 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))