BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

Application of 

DELTA AIR LINES, INC. 

 

for a frequency allocation 

(Detroit-Sao Paulo, Brazil) 

) 

) 

) 

) 

) 

) 

) 

Docket DOT-OST-2010-0090

Application of 

AMERICAN AIRLINES, INC. 

 

for an allocation of 11 U.S.-Brazil frequencies 

) 

) 

) 

) 

) 

) 

) 

Docket DOT-OST-2010-0088

CONSOLIDATED ANSWER OF DELTA AIR LINES, INC. 

TO MOTIONS OF AMERICAN AIRLINES, INC. 

Communications with respect to this document should be addressed to: 

 

Glen Hauenstein 

Executive Vice President – 

Network Planning and Revenue Management 

Robert J. Cortelyou 

Senior Vice President – Network Planning 

Andreas Renner 

Director – International Network Planning 

Chris Kennedy 

General Manager – International 

Network Analysis 

DELTA AIR LINES, INC. 

1030 Delta Boulevard 

Atlanta, Georgia 30320 

Andrea Fischer Newman 

Senior Vice President – Government Affairs 

DELTA AIR LINES, INC. 

1212 New York Avenue, N.W. 

Washington, D.C. 20005 

Alexander Van der Bellen 

Managing Director – Government Affairs 

 & Associate General Counsel 

Jeff Morgan 

Regional Director – Government Affairs 

DELTA AIR LINES, INC. 

1212 New York Avenue, N.W. 

Washington, D.C. 20005 

(202) 842-4184 

sascha.vanderbellen@delta.com

April 16, 2010 

 
BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

Application of 

DELTA AIR LINES, INC. 

 

for a frequency allocation 

(Detroit-Sao Paulo, Brazil) 

) 

) 

) 

) 

) 

) 

) 

Docket DOT-OST-2010-0090

Application of 

AMERICAN AIRLINES, INC. 

 

for an allocation of 11 U.S.-Brazil frequencies 

) 

) 

) 

) 

) 

) 

) 

Docket DOT-OST-2010-0088

CONSOLIDATED ANSWER OF DELTA AIR LINES, INC. 

TO MOTIONS OF AMERICAN AIRLINES, INC. 

Delta Air Lines, Inc. (“Delta”) hereby answers the motions of American Airlines in 

the captioned dockets which seek immediate approval of its own U.S.-Brazil services 

and to dismiss Delta’s request for additional frequencies to support daily Detroit-Sao 

Paulo service. As explained in Delta’s application, the 14 frequencies at issue here are 

eligible for service at Sao Paulo as soon as Brazil is able to solve the infrastructure 

constraints at the Guarulhos International Airport. 

Delta appreciates the Department’s swift action to approve our request for 

Detroit-Sao Paulo exemption authority, which was granted by NOAT dated April 15, 

2010 in docket OST-2010-0089. This service will provide the important benefits of a 

new nonstop flight from a major hub in an underserved region of the country. However, 

Delta is only able to operate at a level of two weekly flights using its limited allocation of 

Sao Paulo frequencies. In terms of public benefits, enabling Delta to increase DetroitSao Paulo from two to seven flights is a far superior long-term use of frequencies than 
Answer of Delta 

Page 2 

American’s to offer duplicative service on the well-served New York-Rio de Janeiro route 

and to serve the small Miami-Brasilia market. 

Contrary to the assertions in American’s motions, this proceeding is not a zerosum game -- and there is no need to foreclose the future opportunities Delta needs to 

increase Sao Paulo service from Detroit. The Department can readily achieve a public 

interest maximizing result that will promote the full implementation of American’s current 

services and Delta’s future expansion through the prudent allocation and redistribution of 

existing frequencies. 

American requests a total of 11 frequencies – 7 for New York-Rio de Janeiro 

service and 4 for Miami-Brasilia. The Miami-Brasilia flights are eligible for service using 

the lower category of northern/regional Brazil frequencies – and do not require high 

value Rio/Sao Paulo rights. There is also a strong expectation that the U.S. Government 

will be able to negotiate substantial further liberalization of northern/regional frequencies 

– but that securing future Sao Paulo frequencies from the Government of Brazil will be 

more difficult. Moreover, American already holds the lion’s share of unrestricted Brazil 

frequencies with a total of 47 to Delta’s 23. 

In these circumstances, Delta proposes that 4 of Delta’s 10 northern/regional 

frequencies be reallocated to American for Miami-Brasilia service – and that Delta 

receive 4 replacement frequencies eligible for future Sao Paulo service from the 

currently available pool of 14 frequencies. This provides American with all the authority 

necessary to implement its current service plans, provides Delta with the future ability to 

fund 4 daily Detroit-Sao Paulo flights, and leaves 3 Sao Paulo-eligible frequencies 

available to any carrier in the unallocated pool.1

 Delta will use the replacement 

frequencies to fund its existing northern/regional services and is confident that future 

negotiations will provide the necessary frequencies to implement additional Detroit-Sao 

 

1 Delta plans to seek the 5th Sao Paulo-eligible frequency required for daily Detroit-Sao 

Paulo service from the unallocated pool in the future. 
Answer of Delta 

Page 3 

Paulo services without disruption to the northern/regional services. Thus, Delta’s 

proposed allocation will promote the maximum utilization of current bilateral rights, will 

enhance the long-term competitive market structure, and promote the introduction of 

important additional services from underserved gateways and underserved regions of 

the United States. 

WHEREFORE, Delta moves that American’s motions be denied, and that the 

Department allocate and redistribute the available U.S.-Brazil frequencies to maximize 

public interest benefits as described above. 

 Respectfully submitted,

_________________________________ 

Alexander Van der Bellen 

Managing Director, Government Affairs 

 & Associate General Counsel 

DELTA AIR LINES, INC. 
CERTIFICATE OF SERVICE 

 A copy of the foregoing Answer has been served this 16th day of April, 2010, upon 

the following persons via email: 

 

carl.nelson@aa.com 

howard_kass@usairways.com 

benjamin.slocum@usairways.com 

hkamen@coair.com 

dan.weiss@coair.com 

rbkeiner@crowell.com (for Continental) 

mrosia@crowell.com (for Continental) 

jeffrey.manley@united.com 

julie.oettinger@united.com 

robert.land@jetblue.com 

jhill@dlalaw.com (for JetBlue) 

dkirstein@yklaw.com (for Spirit) 

jyoung@yklaw.com (for Spirit) 

paul.gretch@dot.gov 

esta.rosenberg@dot.gov 

brian.hedberg@dot.gov 

byerlyjr@state.gov 

john.allen@faa.gov 

lester.robinson@wcaa.us 

emily.neuberger@wcaa.us 

joe.cambron@wcaa.us 

mike.orr@airlineinfo.com