BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C.
Notification of
DOCKET SKY HIGH AVIATION OST-2020-0011
in the matter of U.S.-Havana Public Charter Authorizations
ANSWER OF CARIBBEAN SUN AIRLINES, INC. D/B/A WORLD ATLANTIC AIRLINES TO NOTIFICATION OF SKY HIGH AVIATION
Communications with respect to this document should be sent to:
John R. Mietus, Jr. Law Office of John Mietus, LLC 9710 Traville Gateway Dr. #274 Rockville MD 20850 (mail address) (202) 747-5212 [email protected] Counsel for CARIBBEAN SUN AIRLINES, INC. d/b/a WORLD ATLANTIC AIRLINES
January 19, 2021
BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C.
Notification of
DOCKET SKY HIGH AVIATION OST-2020-0011
January 19, 2021 in the matter of U.S.-Havana Public Charter Authorizations
ANSWER OF CARIBBEAN SUN AIRLINES, INC. D/B/A WORLD ATLANTIC AIRLINES TO NOTIFICATION OF SKY HIGH AVIATION
By “notification” filed January 11, 2021 in the above-captioned docket, Sky
High Aviation requested the distribution of charters from the U.S.-Havana public charter pools for the 2020-2021 and 2021-2022 charter years. Pursuant to ordering paragraph 9(b) of Order 2020-5-7, Caribbean Sun Airlines, Inc. d/b/a World
Atlantic Airlines ("WAA") objects to Sky High’s Notification.
Sky High is not authorized by the U.S. to operate the aircraft it proposes for
Cuba charter service. A carrier of the Dominican Republic, Sky High Aviation
Services holds a permit authorizing charter operations between the U.S. and the
Dominican Republic and other charter trips subject to the Department’s regulations; the permit is limited to operations with small aircraft.1 Three months ago that carrier filed a “joint” pleading naming Avion Express Malta Ltd. (“AEM”) and requesting authority for AEM to operate for Sky High “to provide service
1 Order 2018-11-9. The permit also authorizes U.S.-third country charters provided traffic is carried via the Dominican Republic and makes a stopover there for at least two consecutive nights.
Answer January 19, 2021 Page 2 solely between points in the Dominican Republic and the United States,” although an attached flight schedule included service to Camaguey, Cuba and Panama City,
Panama.2 On January 13, 2021 Sky High, without explanation, filed an English translation of an apparent wet lease approval from its homeland government to use the aircraft of AEM. The Department has not acted on the joint request.
Further, neither Sky High nor AEM hold or have applied for the necessary
Part 212 statement of authorization to operate between the United States and
Cuba. The joint pleading described above was limited to Dominican Republic-U.S. operations. Should Sky High and AEM apply now for seventh-freedom rights, the
Department’s 2019 denials of Aruba Airlines’ applications to fly U.S.-Cuba charters demonstrates that such authorizations are not automatic and that the
Department will consider factors such as undue reliance on seventh freedom traffic. Orders 2019-2-15, 2019-4-2, 2019-4-18.
Simply put, Sky High and its apparent wet lease partner have not completed the U.S. licensing steps necessary to operate U.S.-Cuba charters with the aircraft proposed. The Department previously has rejected requests for scheduled Cuba service rights for precisely this reason, and there is no reason to treat Cuba charter service rights any differently.3
2 The undated application was posted October 5, 2020 in Sky High’s permit docket, OST-2017-0055. It was not subscribed to by AEM or its counsel.
On January 13, 2021, Sky High filed in the same docket, and without explanation, an English translation of an apparent Dominican Republic approval of a wet lease from AEM to Sky High using Maltese and Lithuanian-registered aircraft.
3 See 2016 U.S.-Cuba Frequency Allocation Proceeding, Orders 2016-6-5 at 4, 2016-7-
Answer January 19, 2021 Page 3
WHEREFORE, Caribbean Sun Airlines, Inc. d/b/a World Atlantic Airlines respectfully requests that the Department deny the Notification and grant such further relief as may be necessary or proper.4
Respectfully submitted,
John R. Mietus, Jr. Counsel for CARIBBEAN SUN AIRLINES, INC. d/b/a WORLD ATLANTIC AIRLINES
January 19, 2021
4 at 9, finalized, 2016-8-38 (Eastern and Dynamic denied Cuba frequencies because they had not completed basic licensing for scheduled service).
4 WAA also requests that Sky High ensure that it is served with future pleadings relating to Cuba; WAA’s counsel did not receive a service copy of the Notification.
CERTIFICATE OF SERVICE
I certify that a copy of this Answer of Caribbean Sun Airlines, Inc. d/b/a World
Atlantic Airlines to Notification of Sky High Aviation was served by email this nineteenth day of January, 2021 on the following persons:
Aerocuba, Cubazul, Havana Air [email protected] Anmart Superior Travel [email protected] Allegiant Air laura.overton, [email protected] American robert.wirick, [email protected] Cuba Travel Services [email protected] Delta alex.krulic, chris.walker, [email protected] Havana Air [email protected] Invicta [email protected], [email protected] JetBlue robert.land, [email protected] Sky High Aviation [email protected] Southwest bob.kneisley, [email protected] United dan.weiss, [email protected] Avion Express Malta, Xael [email protected]
John R. Mietus, Jr.