BEFORE THE 

U.S. DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

___________________________________________ 

 ) 

Joint Application of ) 

 ) 

REPUBLIC AIRLINE INC. and ) 

FRONTIER AIRLINES, INC ) Docket No. OST-2009- 

 ) 

for an exemption pursuant to 49 U.S.C. § 40109 ) 

(U.S. – Mexico) and notification of codesharing ) 

arrangement ) 

___________________________________________ ) 

Joint Application of Republic Airline Inc. for an Exemption and Request of Republic

Airline Inc. and Frontier Airlines, Inc. for Notice of Codesharing Arrangement

Communications with respect to this document should be directed to: 

 Kenneth P. Quinn 

Jennifer E. Trock 

PILLSBURY WINTHROP 

SHAW PITTMAN LLP 

2300 N Street NW 

Washington, DC 20037 

Phone: (202) 663-8000 

Fax: (202) 663-8007 

Email: kquinn@pillsburylaw.com 

jennifer.trock@pillsburylaw.com 

Counsel for Frontier Airlines 

NOTICE: Republic and Frontier expedited treatment of this application. Republic will 

poll the parties and advise the Department of the results. 

January 5, 2010 
2

BEFORE THE 

U.S. DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

___________________________________________ 

 ) 

Joint Application of ) 

 ) 

REPUBLIC AIRLINE INC. and ) 

FRONTIER AIRLINES, INC ) Docket No. OST-2009- 

 ) 

for an exemption pursuant to 49 U.S.C. § 40109 ) 

(U.S. – Mexico) and notification of codesharing ) 

arrangement ) 

___________________________________________ ) 

Joint Application of Republic Airline Inc. for an Exemption and Request of Republic

Airline Inc. and Frontier Airlines, Inc. for Notice of Codesharing Arrangement

Pursuant to 49 U.S.C. § 40109 and Subpart C of the Rules of Practice of the Department 

of Transportation (the “Department”), Republic Airline Inc. (“Republic”), d/b/a Midwest 

Airlines,1

 respectfully requests an exemption from 49 U.S.C. § 41101 authorizing Republic to 

provide scheduled foreign air transportation of persons, property, and mail between points in the 

United States and Mexico, through codesharing on flights operated by Frontier Airlines, Inc. 

(“Frontier”). Pursuant to the Department’s Order Simplifying Licensing for Certain U.S.-

Mexico Code-Sharing Arrangements,2 Republic and Frontier also request that the Department 

notify the Mexican authorities regarding Republic’s proposed U.S.-Mexico codeshare service 

pursuant to the U.S.-Mexico Air Transport Services Agreement. Republic requests that the 

exemption be effective for a period of two years or until 90 days after issuance of corresponding 

certificate authority, whichever occurs earlier. Republic seeks expedited approval of this 

application and intends to conduct a polling of all carrier parties listed on the service list. 

 

1

 See Republic Airline Inc., Notice of Registration of Trade Name (Oct. 6, 2009). 2

 Order OST-2008-0076 (March 12, 2008). 
3

In support of this application, Republic states the following: 

1. Republic seeks exemption authority to provide scheduled foreign air transportation of 

persons, property, and mail through codesharing on flights operated by Frontier on the following 

city pairs: 

Cancun, Mexico (CUN) and: 

Denver, CO (DEN) 

Indianapolis, IN (IND) 

Kansas City, MO (MCI) 

St. Louis, MO (STL) 

Salt Lake City (SLC) 

Puerto Vallarta (PVR) and: 

Denver 

Kansas City 

Cozumel (CZM), Mazatlan (MZT), and San Jose del Cabo (SJD) and: 

Denver 

Republic intends to place its code3

 on all of Frontier’s operations on these city pairs 

beginning as soon as Republic has obtained the necessary approvals. Frontier serves the routes 

from Denver to Cancun, Puerto Vallarta, and San Jose del Cabo year-round and serves the others 

on a seasonal basis. Frontier has exemption authority from the Department and is already 

serving the U.S.-Mexico routes on which Republic intends to place its code.4

 

2. The proposed service will provide significant benefits to travelers and shippers. 

Republic’s proposed codeshare service will enhance competition in the U.S.-Mexico market by 

providing online service from Republic’s network in the United States to Frontier’s Mexican 

destinations. The new travel options Republic will offer through this arrangement, combined 

with the efficiency of codesharing on Frontier’s existing operations, will enable Republic to 

 

3

 Republic, pursuant to the acquisition of Midwest Airlines, Inc. (“Midwest”) by Republic Airways Holdings, Inc., 

which wholly owns Republic, requested that IATA issue Midwest’s “YX” code to Republic. Republic will place 

the “YX” code on all its flights, including the codeshares with Frontier. 

4

 See Notices of Action Taken in Docket OST-2009-0215 (Sept. 9, 2009) and Dockets OST-2005-21033, OST2002-13061, OST-2002-13011, OST-2004-17466, OST-2004-17467, and OST-2003-15371 (Mar. 27, 2009). 
4

compete effectively with other carriers on U.S.-Mexico routes. 

3. The proposed Republic/Frontier codeshare service is fully consistent with the U.S.-

Mexico bilateral aviation agreement. Annex III on cooperative marketing arrangements allows 

up to ten U.S. airlines to codeshare on any U.S.-Mexico city pair.5

 Including Republic, fewer 

than ten U.S. airlines will codeshare on each route associated with Republic’s application. 

Approval of Republic’s application will not prevent other U.S. carriers from providing codeshare 

services in any city-pair market. 

4. Republic is fit, willing, and able to provide the proposed services described in this 

application. It holds certificates of public convenience and necessity authorizing it to engage in 

scheduled interstate and foreign air transportation of persons, property, and mail.6

 Republic has 

previously held exemption authority to serve many of the U.S.-Mexico routes encompassed by 

this application.7

5. Republic will comply with the Department’s standard policies and regulations 

governing codesharing. 

6. Republic respectfully requests that the Department grant the requested exemption 

authority on an expedited basis to enable Republic to begin the proposed codeshare services as 

soon as possible. Republic will poll all air carrier parties served with this application to 

determine whether any carrier intends to file an objection. 

WHEREFORE, Republic respectfully requests an exemption from 49 U.S.C. § 41101 to 

 

5

 Agreement Between the Government of the United States of America and the Government of the United Mexican 

States Amending the Air Transport Agreement of August 15, 1960, as Amended and Extended, Annex III, 

Cooperative Marketing Arrangements at ¶ 3 (Entered into force Jul. 18, 2006). 

6

 Application of Republic Airline Inc., Order Amending Certificate, Order 2009-9-13 (Sep. 21, 2009) (interstate 

certificate); In the Matter of Blanket Open-Skies Authority, Order Issuing Certificates, Order 2008-4-26 (Apr. 15, 

2008) (foreign certificate). 

7

 See Letter from Patrick R. Rizzi to Paul L. Gretch Re: Dormanyc Notice of Republic Airline Inc. (U.S.-Mexico 

Routes) (Jun. 23, 2008) (relinquishing exemption authority for U.S.-Mexico routes, including Denver to Cancun, 

Mazatlan, Puerto Vallarta, and San Jose del Cabo, and Kansas City to Cancun). 
5

provide scheduled foreign air transportation of persons, property, and mail between points in the 

U.S. and Mexico via a codeshare with Frontier, and Republic and Frontier request that the 

Department notify Mexican authorities about Republic’s proposed codeshare service. Republic 

asks that the exemption be issued for a two-year period and seeks expedited approval of this 

application. 

 Respectfully submitted, 

Kenneth P. Quinn 

Jennifer E. Trock 

PILLSBURY WINTHROP 

 SHAW PITTMAN LLP 

2300 N Street, N.W. 

Washington, D.C. 20037 

Tel: (202) 663-8000 

Fax: (202) 663-8007 

E-mail: kquinn@pillsburylaw.com 

jennifer.trock@pillsburylaw.com 

Counsel for Frontier Airlines 

January 5, 2010