Issued by the Department of Transportation
on the 8th day of June, 1995
SERVED JUN 14 1995
Complaint of FINE AIRLINES, INC. against Docket 50002 AEROSERVICIOS ECUATORIANOS, C.A. and THE GOVERNMENT OF ECUADOR under 49 U.S.C. section 41310
On January 9, 1995, Fine Airlines, Inc. (Fine), filed a complaint under 49 U.S.C. section 41310 (formerly section 2(b) of the International Air Transportation Fair Competitive Practices Act of 1974 (IATFCPA), as amended) against the Government of Ecuador (Ecuador) and Aeroservicios Ecuatorianos, C.A. (AECA), alleging that the Government of Ecuador has refused to permit Fine to operate U.S.-Ecuador charter services expressly authorized by the U.S.-Ecuador Air Transport Services Agreement.
By Order 95-1-29, January 23, 1995, the Department invited all interested parties to file answers to Fine's complaint in Docket 50002. AECA and Empresa Ecuatoriana de Aviacion (Ecuatoriana) filed answers. Fine and Challenge Air Cargo filed replies. Fine filed a supplement to its complaint and requested immediate sanctions against AECA and Aerolineas Nacionales de Ecuador, S.A. (ANDES). ANDES and AECA filed replies.
By Orders 95-3-20, 95-4-12, and 95-5-9, we extended for consecutive 30-day periods the timeframe within which we must act on Fine's complaint, based on a finding that governmental and carrier efforts to resolve Fine's concerns had been initiated and that those efforts were likely to result in a satisfactory resolution of Fine's complaint.
Efforts to resolve Fine's complaint are continuing and have progressed to the point that satisfactory resolution of Fine's complaint appears imminent. Given these circumstances, we conclude that the public interest is best served by extending for another 30 days the deadline for action on Fine's complaint to provide additional time to resolve this matter.
ACCORDINGLY,
1. We extend through July 8, 1995, the period for taking action on the complaint of Fine Airlines, Inc., in Docket 50002; and
2. We will serve this order on American Airlines, Inc.; Arrow Air, Inc.; Challenge Air Cargo; Continental Airlines, Inc.; Fine Airlines, Inc.; Florida West Airlines, Inc.; Millon Air, Inc.; Aeroservicios Ecuatorianos, C.A.; Andes Airlines; Empresa Ecuatoriana de Aviacion; Sociedad Ecuatoriano de Transportes Aereos (SAETA); the United States Department of State (Office of Aviation Negotiations); the Assistant U.S. Trade Representative (South America), Office of the United States Trade Representative; the United States Department of Commerce (Office of Service Industries); the Ambassador of Ecuador in Washington, D.C.; and the Air Transport Association.
By:
PATRICK V. MURPHY
Acting Assistant Secretary for Aviation
and International Affairs
(SEAL)