Summary
- In a filing, JetBlue pointed out that United Airlines’ proposed services from Ronald Reagan Washington National Airport (DCA) do not fit the requirements set out by the Department of Transportation (DOT).
- On the same day, United Airlines responded with its own filing, alleging JetBlue’s hypocrisy since it had failed to submit timetables for its proposed services from DCA to Los Angeles International Airport (LAX).
- The two airlines had already squabbled over an EAS at Presque Isle Northern Maine Airport (PQI).
JetBlue and United Airlines’ counsels have publicly fired shots at each other once again, this time over the latest beyond-perimeter slot allocation at Ronald Reagan Washington National Airport (DCA), with the two airlines previously squabbling over an Essential Air Service (EAS) contract at Presque Isle Northern Maine Airport (PQI).
Failing to meet the technical description
In its initial filing on July 10, JetBlue stated that United Airlines has applied to operate flights out of DCA to San Francisco International Airport (SFO) that would depart the former airport at 6:30 local time (UTC -4). However, citing a notice by the Department of Transportation (DOT), the airline pointed out that a Transportation Secretary cannot increase operations at DCA by more than five in any of 15 one-hour periods between 7 and 21:59.
Photo: Kunertus | Shutterstock
Furthermore, JetBlue noted that the statutory language, cited by the DOT, was clear that no exemptions may be granted for operations between 22:00 and 7:00. As a result, since United Airlines’ application indicated a 6:30 departure, there was “no permissible avenue for DOT to grant United’s primary application.”
While JetBlue cited United Airlines’ application, which said that it would work with the Federal Aviation Administration (FAA) to switch slots from its own pool to facilitate a 6:30 departure, the former carrier pointed out that slot substitutions were not permitted.
“The Congressional prohibition on beyond-perimeter flights before 7:00 a.m. is ironclad. There is a reason why American’s red-eye beyond-perimeter flight from Phoenix is scheduled to arrive at DCA at 7:03 a.m.”
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Charitable DOT
JetBlue continued, adding that even if DOT was charitable and considered United Airlines’ application for a legally permissible 7:00 departure to SFO, there was no way for the DOT to make any conclusions about the latter’s proposal since it was based on a false premise, namely a 6:30 departure to SFO.
“For these reasons, JetBlue respectfully moves DOT to disqualify United’s primary application from consideration. In the event that DOT determines not to disqualify United’s primary application, it should, at a minimum, require United to amend its application with a legally-permissible schedule, and supporting evidence, to match the applications submitted by JetBlue, American, Delta and Southwest.”
United Airlines responded to JetBlue with a filing on the same day, objecting to JetBlue’s motion to dismiss its application for the DCA-SFO route, asking the DOT to throw out the latter’s motion since it was an attempt to undermine the former’s proposal “on an imaginary technicality should be dismissed immediately and/or ignored by the Department.”
Photo: Tom Boon | Simple Flying
The airline continued that JetBlue had failed to cite a single case where the DOT dismissed a single proposal from a carrier, with the Department using its discretion to consider applications that could have violated terms of express authority.
“JetBlue’s effort to eliminate a formidable competitor from consideration belies JetBlue’s insecurities about the strength of its own application.”
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6:00-hour slot precedent
According to United Airlines, its proposal outlined that DCA services could be launched to SFO or, as a secondary option, Los Angeles International Airport (LAX). While the airline was “fully aware” of the requirements set out by the DOT, the Department also outlined that it would distribute slots based on statutory criteria and then mandate the FAA to work with the successful applicants to fit the itineraries within the time constraints.
Photo: Robin Guess | Shutterstock
Furthermore, United Airlines had a beyond-perimeter slot that departed at 6:00, which was why requesting a 6:30 departure to SFO was reasonable. The airline added that the departure and subsequent arrival time enables travelers to hop on its 10:00 bank of flights leaving SFO, with plenty of flexibility to work with the FAA to accommodate the 6:30 departure.
“Even if the Department decides to entertain JetBlue’s desperate attempt to disqualify United — though United firmly believes the Department should not waste its time and resources in doing so — then Alaska, Delta, and Southwest would also be in the hot seat (though United is not suggesting they are) for proposing flights in hourly periods at DCA that are fully allocated according to FAA data.”
United Airlines also highlighted that JetBlue’s application failed to meet the DOT’s requirements, with its proposal for flights from DCA to LAX lacking timings of the flights. As such, the airline pointed out that the DOT could throw out JetBlue’s application based on that technicality.
“While United does not call for the Department to disqualify JetBlue’s secondary proposal, it is noteworthy how JetBlue is quick to point out supposed flaws in another’s application when their own fails to adhere to the Department’s guidelines.”
United Airlines concluded that JetBlue’s hypocrisy was apparent, with the airline failing to provide necessary schedule information in its own application to the DOT. Furthermore, the former carrier noted that each application for the beyond-perimeter slots would have to be adjusted because final slot assignments would be subject to coordination from the FAA.
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Quarreling over PQI
This was not the first time that the two carriers’ counsels have fired off passive-aggressive DOT filings at each other. After the Department awarded JetBlue its first-ever EAS flights from PQI to Boston Logan International Airport (BOS), United Airlines argued that the DOT awarded the EAS unfairly.
Photo: JetBlue
On June 24, United Airlines submitted a filing, saying that JetBlue failed to meet the DOT’s requirement for at least 12 weekly flights from the airport in Maine to Newark Liberty International Airport (EWR) or any other suitable hub. As a result, not only would PQI receive fewer flights, but JetBlue’s proposal meant that it would operate the PQI–BOS route with a 44% margin, which was “an unreasonable figure for a company that is not profitable in an industry that averaged just 4% margins.”
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