Delta Air Lines, Inc. v. Lehigh-Northampton Airport Auth. -- No. OST-95-80|50264

Lexis Cite:

1995 DOT Av. LEXIS 299

Westlaw Cite:

1995 WL 262369

Author:

Murphy, Patrick V., Acting Assistant Secretary for Aviation and International Affairs

Author Title:

Acting Assistant Secretary for Aviation and International Affairs

Complainant(s):

Delta Air Lines, Inc.|Northwest Airlines, Inc.|United Air Lines, Inc.|Atlantic Coast Airlines, Inc.|Allegheny Airlines|Piedmont Airlines, Inc.

Respondent(s):

Lehigh-Northampton (Pa.) Airport Authority

Airport(s):

Lehigh Valley International Airport (ABE)

Holding:

Dismissing complaint and transferring case to FAA for determination under Part 13.

Abstract:

Complainants Delta Air Lines, Inc., Northwest Airlines, Inc., United Air Lines, Inc., Atlantic Coast Airlines, Inc., Allegheny Airlines, and Piedmont Airlines, Inc. alleged that Respondent Lehigh-Northampton Airport Authority imposed increases in landing fees and terminal rental charges since 1995 that were unreasonable and unlawful under 49 U.S.C. §§ 47107, 40116, and 47129. The Acting Assistant Secretary dismissed the Complaint and transferred the case.|Jurisdiction:|Complaint was untimely, because it was filed more than 60 days after Complainants received notice of the imposition of increased landing fees and terminal rental charges. (p. 15).|The terminal and landing fees were “imposed pursuant to a written agreement” and therefore exempt from the procedures of 49 U.S.C. § 47129. (p. 16).|“To the extent that [Complainants] believe that the MOU prohibits or does not authorize [Respondent] to include subsidiary payments in the rate base, then they may have a contract interpretation issue and could pursue contract remedies available to them.” (p. 17).|Significant Dispute Determination:|Complainants Delta and Atlantic Coast Air Lines did not raise a significant dispute pursuant to 49 U.S.C. § 47129, because the amount of money in dispute ($65,000) was not substantial compared to the amount at issue in other Section 47129 cases and the overall rate increase was only seven percent. (pp. 17-18).

Index Terms:

Jurisdiction - Section 47129|Landing fees|Expedited proceeding|Airline agreement|Rates and charges