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 K AYE S CHOLER 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 L OS A NGELES C ITY A TTORNEY ’ S O FFICE Los Angeles World Airports One World Way Los Angeles, CA 90045 Phone: (424) 646-5010
Counsel for RespondentsJOINT 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, 2010JOINT MOTION TO EXTEND THE CURRENT DEADLINE IN THIS PROCEEDING FROM JANUARY 18, 2010 TO OCTOBER 18, 2010

The T1/T3 Airlines 1 and Los Angeles World Airports 2 (“LAWA”) (collectively,
the “Parties”) hereby jointly move to extend the deadline for filing written submissions
on certain procedural and evidentiary issues re lating 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 cer tain issues by the United States
Court of Appeals for the Dist rict 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/T 3 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 Partie s held a conference call with DOT on
December 16, 2009. During that call, the Partie s 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 St ates 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, additi onal comments with regard to the five issues remanded
by the D.C. Circuit as set forth in the Nove mber 24 Notice (the “January 18 Deadline”).
In the first week of January 2010, the T1/T 3 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 attempti ng to reach agreement on the four remaining

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

DESCRIPTION OF ST AY AGREEMENT AND PARTIAL SETTLEMENT AGREEMENT

The November 24 Notice described the thir d remanded issue as the “[t]imeliness
of [the] T1 Airlines’ objecti on 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 th e T1 Airlines’ challenge to LAWA’s use of

“fair market value” (also known as the “Marke t 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 Cap ital Charges Method instead of the Market
Method and will issue separate rental cred its 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 Ba se Charges after DOT issued its June 15,
2007, Final Decision. In prior, separately-ex ecuted Letter Agreements, the T1 AirlinesJOINT 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 re manded 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 di stractions 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 Air lines are unable to resolve the remaining
remanded issues prior to that date, then the remanded pr oceeding 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 Interna tional - NA and for the Air Transport

Association of America, Inc. have represented that thei r 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 d eadline from January 18, 2010, to October
18, 2010, as requested in this Joint Motion, th e 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 

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Suite t 100 

### East Washington, 

### DC 20005-33 14 Phone: (202) 2 18-0007 Fax: (202) 2 1 8-0020 

### rgoldkrrz@shep~ardmulIh.com

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### 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 Washington, 

### DC 20036 

# &-kA 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 Ange6esJOINT 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

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### -A? 

### Edward P. 

### Faberman WlLEY 

### RErN 

### LLP 1776 

### K Street, 

### N.W. Washington, 

### DC 20006

Counsel 

### for: Air Tran AinvaysCERTIFICATE 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. A NDERSON & K REIGER LLP One Canal Park Suite 200 Cambridge, MA 02141 Phone: (617) 621-6560 Fax: (617) 621-6660 slewis@andersonkreiger.com
Monica Hargrove Kemp, Esq. A IRPORTS C OUNCIL I NTERNATIONAL

- N ORTH A MERICA 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 ATACERTIFICATE 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. 

# p&J$-

J.D. 

### ~aliaferrv