JetBlue has penned a letter
to the Department of Transportation, expressing its concern that the DOT's
lengthy delay in making a determination in the Norwegian Air International case
could threaten the carrier's own transatlantic ambitions.
"JetBlue takes no
position on the merits of this application," James Hnat, the carrier's
general counsel wrote transportation secretary Anthony Foxx in an Oct. 19
letter. "However, as the most successful new entrant airline in the United
States since the industry was deregulated in 1978 and as a carrier serving more
than 20 nations with fully one-third of our available seat miles off shore, and
more international growth planned, we consider this nearly three-year delay
concerning for all carriers seeking market access and due process."
In April, when the U.S.
Department of Transportation tentatively approved a foreign air carrier permit
for Norwegian Air Group's Ireland-based subsidiary after 28 months of review,
it explained that it had taken the unprecedented step of formally consulting
the State and Justice departments.
The department took that
move as it considered charges from major carriers both in the U.S. and Europe,
as well as from airline labor unions, that Norwegian set up the Irish entity in
order to take advantage of that country's weak labor laws. Norwegian, they say,
plans to hire workers from Asia on short-term contracts at lower wages.
Norwegian Air Group, which
is aggressively expanding its U.S. network under a separate entity called
Norwegian Air Shuttle, denies those charges and says it has committed to using
only U.S. and EU-based crew on transatlantic flights.
In April, the DOT more or
less concluded that the entire debate is moot under the U.S.-EU open skies
agreement. Labor provisions, the department said, don't provide a basis under
the Open Skies terms for rejecting an otherwise qualified foreign air carrier
permit application.
Still, six months later, the
DOT has issued no final decision on the NAI application.
The delay caused the
European Union in July to say that it would take the matter to arbitration.
In his letter this week,
Hnat expressed concerns that the DOT could similarly delay a potential JetBlue
application for transatlantic services. Such a move, he said, would work to the
disadvantage of the carrier's customers, shareholders and employees.
"The U.S.-EU open skies
agreement explicitly acknowledges that a party may take proportional measures
in response to a violation," Hnat said. "JetBlue should not be
placed in a position where it will face future harm and repercussions as a
result of the department's lengthy delay in this proceeding."