Excerpts Of JetBlue Airways Submission To United States Department Of Transportation
“JetBlue submitted an application on April 20, 2017, for seven weekly frequencies to supplement its existing Havana service. This was followed by applications from Delta, American and Southwest. Four carriers have now submitted applications collectively seeking 28 weekly United States-Havana frequencies.
Because only 21 weekly frequencies will become available after Spirit and Frontier terminate service to Havana, JetBlue hereby moves the Department, in accordance with the Ashbacker doctrine, to institute a frequency allocation proceeding to allocate the available frequencies. JetBlue’s service proposal, involving non-stop service between Boston and Havana and additional service between South Florida and Havana, will maximize public benefits and is superior to the competing proposals submitted by Delta, American and Southwest. JetBlue looks forward to demonstrating to the Department why the public benefits and attributes
of its service proposal make it the most deserving applicant for additional United States-Havana frequencies.
JetBlue opposes the applications of Delta, American, and Southwest to the extent they preclude contemporaneous consideration of JetBlue’s own application for United States-Havana frequencies.
JetBlue also opposes Delta’s motion requesting that the Department take the added administrative step of withdrawing the frequencies previously allocated to Spirit and Frontier. There is no need for such unnecessary action because the Department has already determined that “any frequency not utilized for a period of 90 days (once inaugurated) 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.”
The 21 frequencies sought by JetBlue and other carriers will have reverted to the Department by the time that each applicant proposes to start new United States-Havana service later this year utilizing those frequencies. Because Delta’s request adds an unnecessary and procedurally complex step, JetBlue urges the Department to dismiss Delta’s motion as moot.
WHEREFORE, JetBlue respectfully objects to the applications of Delta, American and Southwest, urges the Department to dismiss Delta’s motion as moot, requests that the Department institute a frequency allocation proceeding, and grant any such further relief as the Department deems warranted.”