Excerpts From FedEx Filing With United States Department of Transportation
“Federal Express Corporation (“FedEx”) hereby submits this consolidated Answer to the recent filings of JetBlue, Delta, American, Southwest, and United in the above-captioned Department of Transportation (“the Department”) docket wherein those carriers seek award of additional U.S.-Havana, Cuba (“HAV”) daily frequencies ostensibly becoming available for re- allocation by the Department after Spirit and Frontier cease their U.S.-HAV air services. Given that this potentially available HAV frequency supply already outnumbers the carrier requests – i.e., four carriers have collectively applied for allocation of the three daily HAV frequencies currently held by Spirit and Frontier – FedEx supports JetBlue’s motion to institute a frequency allocation proceeding for the Department's adjudication of this matter.
In fact, and as further described herein, FedEx hereby submits its application for allocation of a single daily scheduled frequency to operate all-cargo service between Miami, Florida (MIA) and HAV and for the necessary exemption authority for this MIA-HAV air service. FedEx, however, would respectfully note that a U.S.-HAV frequency allocation proceeding regarding the HAV frequencies currently held by Spirit and Frontier would be premature if it occurred before Spirit and Frontier either formally surrendered their HAV frequencies or the 90-day dormancy period for those frequencies had elapsed. Until one of these events occurs, there are actually no available HAV frequencies to re-allocate.
Moreover, with respect to the 90-day dormancy condition attached to these frequencies, it is not a foregone conclusion that the required timeframe will have run for the HAV frequencies at-issue by the time of the Fall 2017 service start dates proposed in the other carriers’ HAV frequency applications. Accordingly, FedEx would respectfully request that any frequency allocation proceeding instituted in this matter not occur until the HAV frequencies currently held by Spirit and Frontier in fact are available for re-allocation. And, at that appropriate time, FedEx looks forward to demonstrating how, as the only U.S. all-cargo carrier participant in the overall U.S.-Cuba Frequency Allocation Proceeding, granting FedEx’s HAV frequency request would maximize the public benefit for U.S. shippers and U.S. commerce overall.
Notwithstanding the foregoing, and to the extent required at this juncture, FedEx submits its application both for allocation of a single daily scheduled frequency to operate all-cargo service between MIA and HAV and for exemption authority under 49 U.S.C. §40109, as more fully set forth below. Insupport of itsapplication and inaccordancewith 14 C.F.R. §302.303, the Department's Order Instituting Proceeding and Inviting Applications, and the MOU, FedEx....
In conclusion, FedEx respectfully requests that the Department accept FedEx’s application for allocation of a single daily scheduled frequency to operate all-cargo service (Monday-Friday) between MIA and HAV and for exemption authority relating thereto, that the Department institute a frequency allocation proceeding for this matter at the appropriate time when there are HAV frequencies actually available for re-allocation and include FedEx’s application in said proceeding, and that the Department grant any such further relief deemed warranted.”