UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY 

Washington, D.C. 

ALASKA AIRLINES, INC., et al., 

 v. 

LOS ANGELES WORLD AIRPORTS, LOS 

ANGELES BOARD OF AIRPORT 

COMMISSIONERS, and THE CITY OF LOS 

ANGELES, CALIFORNIA 

Docket No. 

OST-2007-27331 

JOINT MOTION TO EXTEND THE CURRENT DEADLINE IN THIS 

PROCEEDING FROM JANUARY 18, 2010 

TO OCTOBER 18, 2010 

M. Roy Goldberg 

SHEPPARD MULLIN 

 RICHTER & HAMPTON LLP 

1300 I Street, NW 

Suite 1100 East 

Washington, DC 20005-3314 

Phone: (202) 218-0007 

Fax: (202) 218-0020 

rgoldberg@sheppardmullin.com

Counsel for: 

Alaska Airlines, Inc. 

AirTran Airways, Inc. 

ATA Airlines, Inc. 

Frontier Airlines, Inc. 

Midwest Airlines, Inc. 

Southwest Airlines Co. 

US Airways Group, Inc. 

Steven S. Rosenthal 

Jeffery A. Tomasevich 

J.D. Taliaferro 

KAYE SCHOLER LLP

901 Fifteenth Street, NW 

Washington, DC 20005 

Phone (202) 682-3500 

Fax: (202) 682-3580 

email: srosenthal@kayescholer.com

 jtomasevich@kayescholer.com

 jtaliaferro@kayescholer.com

Carmen A. Trutanich 

 Los Angeles City Attorney 

Kelly Martin 

 General Counsel, Los Angeles World 

Airports 

Raymond S. Ilgunas 

 Assistant General Counsel 

Lynn Mayo 

 Deputy City Attorney 

LOS ANGELES CITY ATTORNEY’S OFFICE

Los Angeles World Airports 

One World Way 

Los Angeles, CA 90045 

Phone: (424) 646-5010 

Counsel for Respondents
JOINT MOTION TO EXTEND THE CURRENT DEADLINE IN THIS PROCEEDING 

FROM JANUARY 18, 2010 TO OCTOBER 18, 2010

2 

Robert W. Kneisley 

Associate General Counsel 

Leslie Abbott 

Attorney 

SOUTHWEST AIRLINES CO. 

1901 L Street, N.W. 

Suite 640 

Washington, DC 20036 

Howard Kass 

Vice President, Legal Affairs 

US AIRWAYS GROUP, INC. 

1401 H Street, N.W. 

Suite 1075 

Washington, DC 20005 

Thomas R. O’Grady 

Staff Vice President, Commercial 

and Regulatory Law 

ALASKA AIRLINES, INC. 

19300 International Blvd. 

Seattle, Washington 98188-5303 

Jacqueline Peter 

Counsel 

FRONTIER AIRLINES, INC. 

7001 Tower Road 

Denver, Colorado 80249 

Robert P. Magurno 

Senior Vice President, General 

Counsel & Secretary 

AIRTRAN AIRWAYS, INC. 

9955 AirTran Boulevard 

Orlando, Florida 32827 

Edward P. Faberman 

WILEY REIN LLP 

1776 K Street, N.W. 

Washington, DC 20006 

Counsel for: 

Air Tran Airways 

DATED: January 11, 2010 
JOINT MOTION TO EXTEND THE CURRENT DEADLINE IN THIS PROCEEDING 

FROM JANUARY 18, 2010 TO OCTOBER 18, 2010

The T1/T3 Airlines1

 and Los Angeles World Airports2 (“LAWA”) (collectively, 

the “Parties”) hereby jointly move to extend the deadline for filing written submissions 

on certain procedural and evidentiary issues relating to the remanded issues as set forth in 

DOT’s Order 2009-12-17, dated Dec. 22, 2009 (hereafter the “December 22 Order”) 

from January 18, 2010, to October 18, 2010. 

INTRODUCTION

On November 24, 2009, following remand of certain issues by the United States 

Court of Appeals for the District of Columbia Circuit (the “D.C. Circuit”), the 

Department of Transportation (“DOT”) issued in this case an “Initial Notice On Remand 

And Request For Status and Comments,” Order 2009-11-24 (“November 24 Notice”). 

The November 24 Notice directed the T1/T3 airlines and LAWA “to advise the 

Department . . . whether there is a possibility of settlement on the issues remanded” by 

the D.C. Circuit. November 24 Notice at 5. The November 24 Notice further directed 

another submission on procedural issues at a later date. Id. 

Following LAWA’s and the T1/T3 Airlines’ submissions on December 2, 2009 

and December 4, 2009, respectively, the Parties held a conference call with DOT on 

December 16, 2009. During that call, the Parties discussed additional procedural issues, 

and DOT subsequently issued the December 22 Order, directing the Parties to file, no 

 1

 The T1/T3 Airlines are the seven air carriers that on February 16, 2007, filed with 

the Office of the Secretary of the United States Department of Transportation a “Joint 

Complaint in Opposition to New Terminal Charges at Los Angeles International 

Airport.” 

2

 Respondents in this case are the LAWA, the Los Angeles Board Of Airport 

Commissioners (“BOAC”), and the City Of Los Angeles, California (“City”). As used 

herein, LAWA refers to all Respondents. 
JOINT MOTION TO EXTEND THE CURRENT DEADLINE IN THIS PROCEEDING 

FROM JANUARY 18, 2010 TO OCTOBER 18, 2010

2 

later than January 18, 2010, additional comments with regard to the five issues remanded 

by the D.C. Circuit as set forth in the November 24 Notice (the “January 18 Deadline”). 

In the first week of January 2010, the T1/T3 Airlines and LAWA reached partial 

agreement on one of the five issues remanded to the DOT by the D.C. Circuit, and have 

agreed to devote additional time to attempting to reach agreement on the four remaining 

issues that the D.C. Circuit remanded to DOT. 

DESCRIPTION OF STAY AGREEMENT AND 

PARTIAL SETTLEMENT AGREEMENT

The November 24 Notice described the third remanded issue as the “[t]imeliness 

of [the] T1 Airlines’ objection to fair market valuation” used by LAWA in setting base 

rent (also known as the “Base Charge” at LAX Terminal 1. Notice at 2. Southwest 

Airlines and US Airways (the “T1 Airlines”) and LAWA have resolved this issue by 

having reached an agreement with regard to the T1 Airlines’ challenge to LAWA’s use of 

“fair market value” (also known as the “Market Method”) to set Base Charges at T1 for 

the period from February 1, 2007 to December 31, 2007 (“Stay Agreement and Partial 

Settlement Agreement” or “Agreement”). Pursuant to that Agreement, LAWA has 

agreed, for the time period February 1, 2007 through December 31, 2007, to recalculate 

the Base Charge using the Terminal Capital Charges Method instead of the Market 

Method and will issue separate rental credits to Southwest and US Airways for the 

difference, plus interest, for that period. As a result of this Agreement, the Parties agree 

that the T1 Airlines are in the same position as the T3 Airlines were in with regard to 

LAWA’s use of the Market Method to set Base Charges after DOT issued its June 15, 

2007, Final Decision. In prior, separately-executed Letter Agreements, the T1 Airlines 
JOINT MOTION TO EXTEND THE CURRENT DEADLINE IN THIS PROCEEDING 

FROM JANUARY 18, 2010 TO OCTOBER 18, 2010

3 

and LAWA had previously addressed the amount of Base Charge paid by those airlines 

for their occupancy in T1 for periods after December 31, 2007. 

The four remaining outstanding issues remanded to DOT by the D.C. Circuit are 

complex, and the T1/T3 Airlines and LAWA would like to devote an appropriate amount 

of time to resolving those issues finally and completely. In order to provide adequate 

time to address these issues, without the distractions of pending deadlines, the Parties 

have agreed to jointly request a stay of proceedings in this case until October 18, 2010. 

If LAWA and any or all of the T1/T3 Airlines are unable to resolve the remaining 

remanded issues prior to that date, then the remanded proceeding shall continue to 

proceed and the remaining Parties shall be required to make the procedural filings 

referenced in the December 22 Order no later than October 18, 2010. 

Counsel for Airports Council International - NA and for the Air Transport 

Association of America, Inc. have represented that their associations do not oppose the 

relief requested in this Motion. 

Finally, because the terms of the Stay Agreement and Partial Settlement 

Agreement provide that LAWA’s issuance of rental credits to the T1 Airlines is 

conditioned on DOT agreeing to extend the deadline from January 18, 2010, to October 

18, 2010, as requested in this Joint Motion, the Parties respectfully request that DOT 

issue any order with respect to this Joint Motion as soon as practicable. 

CONCLUSION

Accordingly, the T1/T3 Airlines and LAWA respectfully request that DOT 

(1) extend the January 18 Deadline set forth in the December 22 Order until October 18, 

2010, and (2) stay this proceeding during that interim. 
JOINT MOTION TO EXTEND THE CURRENT DEADLINE IN THIS PROCEEDING 

FROM JANUARY 18,2010 TO OCTOBER 18.2010 

Dated: January 1 l,20 10 

SHEPPrn MULLIN 

FUCHTER & HAM ON LLP 

1300 i Street, N W 

pl( 

Suite t 100 East 

Washington, DC 20005-33 14 

Phone: (202) 2 18-0007 

Fax: (202) 2 1 8-0020 

rgoldkrrz@shep~ardmulIh.com 

~~l~?ZSel.fbr: 

A lmku cl ir'lines, Inc. 

A ir Tran Aiwoys, Inc 

A TA Airlines, Inc. 

Frontier Airlines, Inc. 

Midwest Air fines, Inc. 

Sourhve.st Airlines Co. 

US Airwq~s Group, lnc 

u taw+/-- 

Robert W. Kwisley 

Associate General Counsel 

Leslie Abbott 

Attomy 

SOUTHWEST AIRLINES CO. 

1901 L Street, N. W. 

Suite 640 

&-kA 

Washington, DC 20036 

1 Ioward Kass 

Vice Presidm, Legal Affairs 

US AIRWAYS GROUP, INC. 

1401 H Street, N.W. 

Suite 1075 

Washington, 1X: 20005 

Respectfully submitted, 

Jeffery A. Tomslsevich 

J.D. Tdiafem 

KAYE SCHOLER LLP 

901 Fifteenth Street, NW 

Washington, DC 20005 

Phone (202) 682-3500 

Fw: (202) 682-3580 

Carmen A. Trutanich 

Los Angeles City Atfurncy 

Kelly Martin 

Genera1 Counsel, LAWA 

Raymond L. Ilgunas 

Assistant General Counsel 

Lynn Mayo 

Deputy City Ammy 

Los Angeles City Attorney's Ofice 

One World Way 

Los Angeles, CA 90045 

Phone: (424) 646-501 0 

Counsel for: 

[he C.'isy of Los Ange6es 
JOINT MOTION TO EXTEND THE CURIlENT DEADLlNE M THIS PRWEEDINC; 

FROM JANUARY 18.2010 TO OCTOBEK 18.2010 

&ub. 

Thomas R. O'Grady 

Staff Vice President, Commercial 

and Regulatory Law 

ALASKA AIRLINES, NC. 

19300 International Blvd. 

Seattle, Washington 98 1 88-53 03 

#.*!?!r5'G--- 

Jacqueline Peter 

Counsel 

FRONTIER AIRLINES, INC. 

7001 Tower Road 

Denver, Colorado 80249 

Re 

Richard P, Magurno 

L 

Senior Vice President, General 

Counsel & Secretary 

AIRTRAN AIRWAYS, NC, 

9955 AirTran Baulevard 

Orlando, Florida 3 2827 

--A -A? 

Edward P. Faberman 

WlLEY RErN LLP 

1776 K Street, N.W. 

Washington, DC 20006 

Counsel for: 

Air Tran Ainvays 
CERTIFICATE OF SERVICE

CERTIFICATE OF SERVICE 

I, John David Taliaferro, hereby certify that on January 11, 2010 , I caused to be 

served by email, a true and correct copy of the foregoing JOINT MOTION TO 

EXTEND THE CURRENT DEADLINE IN THIS PROCEEDING FROM 

JANUARY 18, 2010 TO OCTOBER 18, 2010 on the following: 

M. Roy Goldberg, Esq. 

SHEPPARD MULLIN 

 RICHTER & HAMPTON LLP 

1300 I Street, NW 

Suite 1100 East 

Washington, DC 20005-3314 

Phone: (202) 218-0007 

Fax: (202) 218-0020 

rgoldberg@sheppardmullin.com

Counsel for: 

Alaska Airlines, Inc. 

AirTran Airways, Inc. 

ATA Airlines, Inc. 

Frontier Airlines, Inc. 

Midwest Airlines, Inc. 

Southwest Airlines Co. 

US Airways Group, Inc. 

Scott P. Lewis, Esq. 

ANDERSON & KREIGER LLP

One Canal Park 

Suite 200 

Cambridge, MA 02141 

Phone: (617) 621-6560 

Fax: (617) 621-6660 

slewis@andersonkreiger.com

Monica Hargrove Kemp, Esq. 

AIRPORTS COUNCIL INTERNATIONAL 

 - NORTH AMERICA

1775 K Street, NW 

Washington, DC 20006 

Phone: (202) 293-8500 

Fax: (202) 331-1362

mkemp@aci-na.org

Counsel for ACI-NA

David A. Berg, Esq. 

AIR TRANSPORT ASSOCIATION 

OF AMERICA 

1301 Pennsylvania Ave., NW 

Washington, DC 20004 

Phone: (202) 626-4234 

Fax: (202) 626-4139 

dberg@airlines.org

Robert P. Silverberg, Esq. 

SILVERBERG, GOLDMAN & 

BIKOFF, LLP 

1101 30th Street, NW, Suite 120 

Washington, DC 20007 

Phone: (202) 944-3304 

Fax: (202) 944-3306 

rsilverberg@sgbdc.com

Counsel for ATA 
CERTIFICATE OF SERVICE 

In addition, I caused a true and correct copy of the foregoing JOINT MOTION TO 

EXTEND THE CURRENT DEADLINE IN THIS PROCEEDING FROM JANUARY 18, 

2010 TO OCTOBER 18,2010 to be ernailed to Mary F. Withum, Esq., Office of the General 

Counsel, Department of Transportation, at mary.withum@dot.gov. 

In addition, I caused to be filed electronically one copy of the foregoing JOINT 

MOTION TO EXTEND THE CURRENT DEADLINE IN THlS PROCEEDING FROM 

JANUARY 18,2010 TO OCTOBER 18,2010 in Docket Number DOT-OST-2007-2733 1 in 

the Federal Docket Management System (FDMS) at htt~:/lwww.Regulations.~ov. 

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