UNITED STATES OF AMERICA 

 DEPARTMENT OF TRANSPORTATION 

 OFFICE OF THE SECRETARY 

 WASHINGTON, DC

 Issued by the Department of Transportation on November 24, 2010 

NOTICE OF ACTION TAKEN -- DOCKET DOT-OST-2010-0285

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This serves as notice to the public of the action described below, taken by the Department official indicated (no 

additional confirming order will be issued in this matter). 

Application of DELTA AIR LINES, INC. (Delta)filed 11/16/10 for: 

XX Allocation of 12 U.S.-China frequencies in order to provide scheduled combination service, as follows: 

(1) five frequencies to provide scheduled combination service between Detroit, Michigan and Beijing, 

People’s Republic of China and (2) seven frequencies to provide daily combination service between Tokyo 

and Guangzhou, People’s Republic of China.1

 

XX Request for expedited action.2

Applicant Rep: Alexander Van der Bellen (202) 842-4184 DOT Analyst: Thuy H. Cooper (202) 366-5423

DISPOSITION 

XX Granted (subject to conditions, see below)

The above action was effective when taken: November 24, 2010. The allocation of the frequencies will remain 

in effect indefinitely, subject to conditions. 

Action taken by: Paul L. Gretch, Director 

 Office of International Aviation 

XX The authority granted is consistent with the Air Transport Agreement, as amended, between the 

United States and the People’s Republic of China. 

Except to the extent exempted or waived, this authority is subject to the terms, conditions, and limitations 

indicated: XX Holder’s certificates of public convenience and necessity 

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Responsive Pleadings: Delta polled interested parties, and only American Airlines, Inc. (American) objected. 

American filed an answer stating that of the 12 frequencies requested, it does not object to an award of five 

frequencies from the pool of unallocated frequencies; however, American opposes Delta’s request for an additional 

seven frequencies given that Delta has seven dormant U.S.-China frequencies (two for Seattle-Beijing and five for 

Atlanta-Shanghai). American argues that Delta should be required to use seven frequencies currently covered by a 

dormancy waiver before nearly depleting the unallocated frequency pool. 

 

 

1

 Delta states that it proposes to operate five times weekly Detroit-Beijing service beginning July 1, 2011. Delta further 

states that it proposes to operate daily Tokyo Narita-Guangzhou service beginning April 6, 2011. The carrier notes that its 

Tokyo-Guangzhou route will initially originate in San Francisco; however, it will integrate its authority to serve Guangzhou 

from U.S. points in order to offer U.S.-Tokyo-Guangzhou service. 

2

 On November 18, 2010, Delta requested expedited action on its application in its reply to American’s answer. 
Delta filed a reply stating that it is currently offering five weekly Seattle-Beijing flights and has just announced the 

resumption of two weekly Atlanta-Shanghai flights. Delta states that there are more than enough frequencies to 

accommodate its request. It notes that after the grant of its request for 12 new China frequencies, there would still be 

two frequencies immediately available for allocation. Also, 14 new frequencies will become available for allocation 

on March 25, 2011, and a further 14 on March 25, 2012, for a total of 30 available U.S.-China frequencies in the near 

term. Delta states that given the absence of a competing proposal by American, and the non-objection of every other 

U.S. carrier authorized to serve China, there is no reason to foreclose Delta’s ability to increase service on these 

routes. 

Three civic parties (the Wayne County Airport Authority, the Port of Seattle, and Hartsfield-Jackson Atlanta 

International Airport) submitted replies in support of Delta’s request. 

Decision: We have decided to grant Delta’s request for 12 additional frequencies. Under the circumstances 

presented here, where we have unallocated frequencies with substantially more becoming available soon, and no 

competing applications for the frequencies Delta has requested, we have determined that it is in the public 

interest to grant Delta the full complement of frequencies it has requested. With regard to American’s assertion 

that Delta should instead be required to draw from its existing China frequencies that are currently under a 

dormancy waiver, we note that Delta has already announced plans to institute new service with certain of those 

frequencies, and we believe that under the present circumstances it should be allowed the continued flexibility to 

introduce new service with those frequencies in a timely manner. Therefore, we will grant the request of Delta 

for 12 weekly U.S.-China scheduled combination frequencies for its proposed Detroit-Beijing and Tokyo NaritaGuangzhou services. 

We note that with our action here, two U.S.-China scheduled combination frequencies remain immediately available 

for allocation. We further note that an additional 14 scheduled combination U.S.-China frequencies will become 

available effective March 25, 2011. 

Conditions: Consistent with our standard practice, the frequencies awarded to Delta are subject to a dormancy 

condition. We remind the carrier that any frequencies not operated for a period of 90 days (once inaugurated and 

for any reason other than seasonal use) would be deemed dormant and the allocation with respect to each such 

frequency would expire automatically and the frequency would revert to the Department for reallocation. In 

addition, if Delta does not begin service with all of the allocated frequencies for its Tokyo-Guangzhou service 

within 90 days of April 6, 2011, its proposed start-up date, the unused frequencies will automatically revert to the 

Department for reallocation. With respect to the frequencies for the Detroit-Beijing service, Delta must 

inaugurate service with all five frequencies within 10 days of July 1, 2011 (i.e., by July 11, 2011), the carrier’s 

proposed start-up date. Any such frequency not inaugurated by July 11, 2011 will revert to the Department. 

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Under authority assigned by the Department in its regulations, 14 CFR Part 385, we found that (1) our action was 

consistent with Department policy; (2) grant of the authority was consistent with the public interest; and (3) grant 

of the authority would not constitute a major regulatory action under the Energy Policy and Conservation Act of 

1975. To the extent not granted, we denied all requests in the referenced Docket. We may amend, modify, or 

revoke the authority granted in this Notice at any time without hearing at our discretion. 

Persons entitled to petition the Department for review of the action set forth in this Notice under the 

Department’s regulations, 14 CFR §385.30, may file their petitions within seven (7) days after the date of 

issuance of this Notice. This action was effective when taken, and the filing of a petition for review will not alter 

such effectiveness. 

An electronic version of this document is available on the World Wide Web at: 

http://www.regulations.gov