BEFORE THE
DEPARTMENT OF TRANSPORTATION
OFFICE OF THE SECRETARY
WASHINGTON, D.C.
_____________________________________
Application of
)
)
JetBlue Airways Corporation
)
for a certificate of public convenience
)
and necessity pursuant to 49 U.S.C. § 41102 )
to engage in foreign scheduled air
)
transportation of persons property and
)
mail between the United States and Bahamas, )
Bermuda, Canada, the Dominican
)
Republic and Jamaica
)
DOCKET OST- 04-____
APPLICATION OF JETBLUE AIRWAYS CORPORATION
FOR CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY FOR
FOREIGN SCHEDULED AIR TRANSPORTATION
Communications with respect to this document should be addressed to:
James Hnat
General Counsel
JetBlue Airways Corporation
118-29 Queens Blvd.
Forest Hills, NY 11375
Robert C. Land
Vice President for Government
Affairs & Associate General Counsel
JetBlue Airways Corporation
P.O. Box 1927
Rockville, Maryland 20849-1927
(301) 279-9727
Jonathan B. Hill
Dow, Lohnes & Albertson, PLLC
1200 New Hampshire Ave., NW #800
Washington, D.C. 20036
(202) 776-2000
jhill@dlalaw.com
Counsel for
JetBlue Airways Corporation
Submitted: March 8, 2004
Applicant requests processing under the expedited, non-hearing licensing
procedures of Subpart C of the Department’s Procedural Regulation. 14 C.F.R.
302.301 et seq.
NOTICE:
Any person who wishes to support or oppose this application must file an
answer by March 23, 2004, and serve that answer on all persons served
with this application.
BEFORE THE
DEPARTMENT OF TRANSPORTATION
OFFICE OF THE SECRETARY
WASHINGTON, D.C.
_____________________________________
Application of
)
)
JetBlue Airways Corporation
)
for a certificate of public convenience
)
and necessity pursuant to 49 U.S.C. § 41102 )
to engage in foreign scheduled air
)
transportation of persons property and
)
mail between the United States and Bahamas, )
Bermuda, Canada, the Dominican
)
Republic and Jamaica
)
DOCKET OST- 04-____
APPLICATION OF JETBLUE AIRWAYS CORPORATION
FOR CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY FOR
FOREIGN SCHEDULED AIR TRANSPORTATION
JetBlue Airways Corporation (“JetBlue”) respectfully submits this application for
a Certificate of Public Convenience and Necessity authorizing JetBlue to engage in
foreign scheduled air transportation of persons, property and mail pursuant to 49 U.S.C. §
41102 to Bahamas, Bermuda, Canada, the Dominican Republic, and Jamaica. JetBlue
requests expedited action under Subpart Q of the Department of Transportation’s (the
“Department”) Procedural Regulations. 14 C.F.R. Part 302, Subpart C1.
As demonstrated below, JetBlue fully complies with all the requirements for the
Department to grant it a Certificate of Public Convenience and Necessity for foreign
operations. JetBlue is a citizen of the United States within the meaning of 49 U.S.C §
40102(a) (15), as amended. Each of the destinations requested are nations with which the
United States has Open Skies agreements; has gateway restriction allowing service from
1
JetBlue has today also submitted an application to the Department for an exemption
to provide scheduled passenger service between JFK International Airport and Santo
Domingo (SDQ) and Santiago (STI), the Dominican Republic.
New York; has no designation or frequency restrictions; or operates on the basis of
comity and reciprocity.
JetBlue is fit, willing and able to provide the air transportation for which authority
is sought. The grant of the authority requested herein is consistent with the public
convenience and necessity as required by Section 41102 of the Transportation Act.
JetBlue is a new entrant carrier which introduced scheduled, low-fare air service
between New York’s John F. Kennedy International Airport (“JFK”) and major and
secondary markets across the country beginning in February 2000. JetBlue operates a
low-fare operation based at JFK, which has brought significant new travel benefits to the
public in the New York City metropolitan area and each of the markets JetBlue serves.
JetBlue presently provides service to the following destinations:
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Boston, MA
Buffalo, NY
Burlington, VT
Denver, CO
Fort Lauderdale, FL
Fort Myers, FL
Las Vegas, NV
Long Beach, CA (near Los Angeles)
New Orleans, LA
New York City, NY (JFK)
Oakland, CA (near San Francisco)
Ontario, CA (near Los Angeles)
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Orlando, FL
Rochester, NY
Sacramento, CA
Salt Lake City, UT
San Diego, CA
San Juan, Puerto Rico
Seattle, WA
Syracuse, NY
Tampa, FL
West Palm Beach, FL
Washington, DC (Dulles)
JetBlue in 2003 received the following awards:
Best Domestic Airline
Condé Nast Traveler, 2003 Readers' Choice
Awards
Best Value for Cost
Condé Nast Traveler, 2003 Business Travel
Awards
#2 Domestic Airline
Travel & Leisure, 2003 World's Best
Awards
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#2 Domestic Airline – Service
Travel & Leisure, 2003 World's Best
Service Readers' Poll Awards
Top 5 Domestic Airline
Departures, 2003 Readers' Favorite Survey
#3 World's Best Low Cost Airline
(Best US Low Cost Airline)
Business Traveler, 2003 World's Best
Airlines Awards
Best Budget Airline
10th Annual World Travel Awards
Best US Airline (Non-Major)
Business Travel News, 2003 Airline Survey
Best Low Cost Airline
Entrepreneur
Best Low Cost Airline
Skytrax, 2003 Airline of the Year Survey
Best Cabin Staff, North America
Skytrax, 2003 Airline of the Year Survey
Airline of the Year
Airfinance Journal, 2003 Deal of the Year
Awards
North American Corporate Finance Deal Airfinance Journal, 2003 Deal of the Year
Awards
of the Year
IPO of the Year
Corporate Finance
Marketing Award
Airline Business, 2003 Airline Strategy
Awards
Editors' Choice
Travel-Holiday
Outstanding Inflight Entertainment
Onboard Services, 2003 Onboard Services
Awards
Outstanding Safety Video
Onboard Services, 2003 Onboard Services
Awards
Since its inaugural flight on February 11, 2000, JetBlue has assembled and
maintained a highly experienced and qualified management team and obtained the
financing necessary to initiate and maintain its existing operations.
JetBlue has developed a sound business plan for its initial foreign operation that
will provide the traveling public the same outstanding service JetBlue customers have
experienced domestically2. JetBlue’s financial results for its first four years of operations
2
LiveTV will not be available on service to some of these destinations.
3
are unprecedented. JetBlue has reported a profit for each quarter since its public offering
in April of 2002.
Net income for the fourth quarter of 2003, the carrier's twelfth
consecutive profitable quarter, rose to $19.5 million from $15.2 million a year earlier.
Passenger traffic rose 54% in the fourth quarter of 2003. Net income for full-year 2003
was $103.9 million compared with $54.9 million in the prior year.
In support of its Application, JetBlue states that the Department, in Docket OST99-5616, has complete information on JetBlue’s fitness for grant of a Certificate of Public
Convenience and Necessity for foreign operations. Under the Department’s current
procedures JetBlue is monitored yearly, for a period of five (5) years, from the initial
grant of its certificate as part of the Department’s continuing fitness review of JetBlue.
JetBlue asks that the Department, pursuant to Rule 24, take official notice of the
information contained therein. Should additional information be needed please contact
the undersigned.
For all of the foregoing reasons, JetBlue respectfully requests that the Department
grant this Application for a Certificate of Public Convenience and Necessity to engage in
4
foreign scheduled air transportation of persons, property and mail, between United States
and the Bahamas, Bermuda, Canada, the Dominican Republic and Jamaica and any such
other relief as it may find to be in the public interest.
Respectfully submitted,
/s/
_____________________
Jonathan B. Hill
Dow, Lohnes & Albertson, PLLC
1200 New Hampshire Ave., NW #800
Washington, DC 20036
Counsel for
JetBlue Airways Corporation
Dated: March 8, 2004
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CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing Application of JetBlue Airways
Corporation for Certificate of Public Convenience and Necessity for Foreign Schedule
Air Transportation was served this 8th day of March, 2004 via email transmission on the
following persons:
American Airlines, Inc.
American Airlines (Cargo)
Carl B. Nelson, Jr.
Associate General Counsel
1101 17th Street, NW #600
Washington, DC 20036
carl.nelson@aa.com
Alaska Airlines
Alaska Airlines Cargo
Marshall S. Sinick
Squire Sanders & Dempsey
1201 Pennsylvania Ave., NW #500
Washington, DC 20005
msinick@ssd.com
Continental Airlines, Inc.
R. Bruce Keiner
Crowell & Moring
1001 Pennsylvania Ave., NW
Washington, DC 20004
rbkeiner@crowell.com
America West Airlines
David Kirstein
Baker & Hostetler
1050 Connecticut Ave., NW #1100
Washington, DC 20036
dkirstein@bakerlaw.com
Delta Airlines, Inc.
Delta Airlines (Cargo)
Robert E. Cohn
Shaw Pittman
2300 N Street, NW
Washington, DC 20037
Robert.Cohn@shawpittman.com
Midwest Airlines
ABX Air, Inc. (Cargo)
Robert Silverberg
Silverberg Goldman & Bikoff
1101 30th Street, NW #120
Washington, DC 20007
rsilverberg@sgbdc.com
United Airlines, Inc.
United Airlines (Cargo)
Polar Air Cargo
Jeffrey A. Manley
Wilmer Cutler & Pickering
2445 M Street, NW
Washington, DC 20037
jmanley@wilmer.com
Northwest Airlines, Inc.
Megan Rae Rosia
Associate General Counsel
901 15th Street, NW #310
Washington, DC 20005
megan.rosia@nwa.com
Bax Global (Cargo)
Corporate Offices
16808 Armstrong
Irvine, CA 92606
info@boxglobal.com
USAirways, Inc.
USAirways (Cargo)
Howard Kass
USAirways, Inc.
2345 Crystal Drive
Arlington, VA 22227
howard_kass@usairways.com
6
Astar Air Cargo, Inc. (Cargo)
Steven H. Lachter
Lachter & Clements
1150 Connecticut Ave., NW
Washington, DC 20036
lachter@starpower.net
FedEx (Cargo)
Nathaniel P. Breed
Zuckert Scoutt & Rasenberger
888 17th Street, NW #700
Washington, DC 20006
nathaniel_breed@shawpittman.com
USA 3000 Airlines
Pierre Murphy
Law Offices of Pierre Murphy
1200 New Hampshire Ave., NW
Washington, DC 20036
pmurphy@lopmurphy.com
Amerijet International, Inc. (Cargo)
John L. Richardson
1156 15th Street, NW #1105
Washington, DC 20005
jrichardson@crispinandbrenner.com
/s/
________________________
Deborah L. Kunkle
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