BEFORE THE 

 DEPARTMENT OF TRANSPORTATION 

 WASHINGTON, D. C. 

--------------------------------------------- 

Motion of : 

 : 

 DELTA AIR LINES, INC. : DOT-OST-2010- 

 : 0285 

for start-up extension and route flex- : 

ibility (7 U.S.-China frequencies) : 

--------------------------------------------- 

 

ANSWER OF AMERICAN AIRLINES, INC. 

 

Communications with respect to this document should be sent to: 

VIRASB VAHIDI WILLIAM K. RIS, JR. 

Senior Vice President - Senior Vice President - 

Marketing and Planning Government Affairs 

and Chief Commercial Officer American Airlines, Inc. 

American Airlines, Inc. 1101 17th Street, N.W. 

P.O. Box 619616, MD 5634 Washington, D.C. 20036 

DFW Airport, Texas 75161 

 CARL B. NELSON 

ROBERT A. WIRICK Associate General Counsel 

Director, Regulatory Affairs American Airlines, Inc. 

American Airlines, Inc. 1101 17th Street, N.W. P.O. 

Box 619616, MD 5635 Washington, D.C. 20036 

DFW Airport, Texas 75261 (202) 496-5647 

(817) 963-0394 carl.nelson@aa.com 

robert.wirick@aa.com 

May 9, 2012 
BEFORE THE 

 DEPARTMENT OF TRANSPORTATION 

 WASHINGTON, D. C. 

--------------------------------------------- 

Motion of : 

 : 

 DELTA AIR LINES, INC. : DOT-OST-2010- 

 : 0285 

for start-up extension and route flex- : 

ibility (7 U.S.-China frequencies) : 

--------------------------------------------- 

 

ANSWER OF AMERICAN AIRLINES, INC. 

 American Airlines, Inc. hereby answers the motion filed 

on May 3, 2012 by Delta Air Lines, Inc., seeking a one-year 

extension (until June 1, 2013) to start operations between 

Tokyo and Guangzhou using seven frequencies allocated by the 

Department for this city-pair. Delta also requests “the 

flexibility to use these seven frequencies on any U.S.-China 

route where Delta holds underlying route authority” (p. 1). 

 American does not object to Delta’s request for a startup extension. However, we do object to Delta’s “flexibility” 

request unless the Department simultaneously authorizes 

American to use its China frequencies on any U.S.-China route 

where American holds route authority. 
- 2 - 

 In prior China proceedings, American has asked the 

Department to afford all carriers serving China such flexibility. In Order 2000-1-21, January 26, 2000, instituting 

U.S.-China Air Services (2001), the Department said that the 

authority to be awarded to a new entrant would be limited to 

its route case proposal, even though the two incumbents, 

Northwest and United, enjoy flexibility to change their China 

service pattern at will. American petitioned for reconsideration on this issue on February 2, 2000, urging that it would be 

unfair to place limits on the newly designated carrier but not 

on the incumbents. 

 By Order 2000-11-25, November 26, 2000, the Department 

declined to rule on American’s petition, stating that in light 

of the award to UPS, “we see no need to address the issue 

raised by American” (p. 19 n. 45). 

 In 2004, we renewed our request. In objecting to the 

Notice inviting applications in New Route Opportunities (U.S.-

China) 2004 Combination Frequencies (DOT-OST-2004-18469), we 

urged that: 

 “The Department should also immediately address 

 the issue of the scope of authority to be awarded 

 under the [U.S.-China] protocol. All carriers 

 (incumbents Northwest/United and new entrants 

 alike) should have the flexibility to use their 

 authority to serve any U.S.-China markets as com- 

 petitive conditions warrant” (p. 5). 
- 3 - 

 In Order 2004-7-23, July 23, 2004, the Department again 

declined to reach the issue: “We do not see a need to address 

American’s broad concern on flexibility to change city pairs at 

this time” (p. 3 n. 6). 

 Having previously denied American’s calls for flexibility in the use of U.S.-China frequencies, the Department 

should not grant such relief to Delta without at the same time 

also releasing American’s frequencies from city-pair restrictions. In 2004, the Department reached that result regarding 

Brazil frequencies, and should do the same here. See Order 

2004-6-25, June 28, 2004, p. 5 (“Our allocation scheme for U.S. 

carrier use of Brazil frequencies is not uniform, with some 

carriers enjoying greater flexibility than others . . . . We 

have decided to grant [Delta’s] request [to remove city-pair 

restrictions] and to afford the same flexibility to all four 

designated combination carriers for U.S.-Brazil services”). 

 Respectfully submitted, 

 

 

 ___________________________ 

 CARL B. NELSON 

 Associate General Counsel 

 American Airlines, Inc. 

May 9, 2012 
CERTIFICATE OF SERVICE 

I hereby certify that I have this day served the foregoing document by 

email on the following persons: 

sascha.vanderbellen@delta.com jhill@dlalaw.com 

scott.mcclain@delta.com steve.morrissey@united.com 

sametta.c.barnett@delta.com mgoldman@sgbdc.com 

kquinn@pillsburywinthrop.com rsilverberg@sgbdc.com 

rbkeiner@crowell.com dhainbach@ggh-airlaw.com 

esahr@eckertseamons.com rpommer@atlasair.com 

russell.bailey@alpa.org eskraft@jamhoff.com 

jonathan.linde@united.com dpdean@jamhoff.com 

bob.kneisley@wnco.com dkirstein@yklaw.com 

robert.land@jetblue.com jyoung@yklaw.com 

msinick@ssd.com willim.stallings@usdoj.gov 

cdonley@ssd.com dwight.moore@ustranscom.mil 

gbleopard@fedex.com john.allen@faa.gov 

david.heffernan@wilmerhale.com urskr@state.gov 

kevin.montgomery@polaraircargo.com recohn@hoganlovells.com 

jrichardson@johnlrichardson.com cjsimpson@zsrlaw.com 

lhalloway@crowell.com pmurphy@lopmurphy.com 

efaberman@wileyrein.com lachter@starpower.net 

mroller@rollerbauer.com anita.mosner@hklaw.com 

howard.kass@usairways.com jennifer.nowak@hklaw.com 

benjamin.slocum@usairways.com gmurphy@crowell.com 

dan.weiss@united.com nssparks@fedex.com 

cefelts@fedex.com 

 ________________________________ 

 CARL B. NELSON 

May 9, 2012