Agents testify before House subcommittee

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WASHINGTON -- The House regulatory reform and oversight subcommittee heard testimony from travel agents who criticized the major airlines' zero commission policy, as they urged Congress to pass legislation that would "level the playing field" by providing agents with access to all air fares.

"The major airlines' elimination of the commission traditionally paid to travel agents on the sale of domestic airline tickets is anticonsumer and anticompetitive," said Louis Fenech, president of Royal Holiday in Sayville, N.Y. "It threatens to deprive consumers of access to their preferred source of travel information and tickets."

Fenech, who is president of the Travel Agents of Suffolk County (TASC) and an ASTA member, said the cuts, even with service fees, essentially forced agents to sell airline tickets virtually without compensation. "We cannot do this job for free," Fenech said.

Celeste Siemsen, owner of Empress Travel in Coram, N.Y., chided the airlines for getting Congress to approve $5 billion in direct relief and $10 billion in loans from the government following the Sept. 11 terrorist attacks, and then cutting commissions several months later.

"What happened is that the airlines took the $15 billion in taxpayer dollars, mine included, and six months later they steamrolled over small businesses like mine in a direct attempt to put us out of business," she said.

Agents also were critical of Orbitz, the airline-owned Web site, claiming that is was anticompetitive.

But Gary Doernhoefer, Orbitz's vice president and general council, maintained that the Web site was a solution "to a distribution system that is broken."

"Orbitz earned access to Web fares by offering the airlines much lower distribution costs than any of its competitors," Doernhoefer said, countering assertions that the site receives special treatment from the airlines that provide it with so called Web fares unavailable on other sites or through travel agencies.

He added that competitors could obtain access to similar fares if they provided the airlines with the types of cost savings offered by Orbitz.

Doernhoefer, who equated Orbitz to a farmer's market where various suppliers pay a fee to sell their wares, said his Web site was not competitive to travel agencies, adding agents could log on and sell Orbitz's Web fares to their clients.

But Jacquelyn Alton, owner of Carlson Wagonlit Travel/Ameda Travel in Houston said using Orbitz to sell airline tickets would place travel agents in a Catch-22 bind: While agents are free to sell Orbitz' Web fares, selling them would undermine the productivity quotas on their GDS contracts in the process.

Siemsen, president of ARTA's New York state chapter, also criticized the airlines for cutting commissions to U.S. agents while leaving the commission rates unchanged for their counterparts in other countries.

"It is frustrating to the chair that we don't have the airlines represented here," said Rep. Mike Pence (R-Ind.), chairman of the subcommittee, noting that the airlines had been invited to testify, yet none accepted. "The $15 billion package was sold as a way of stabilizing the travel industry."

Rep. Felix Grucci (R-N.Y.), a member of the House Small Business Committee, who was instrumental in holding the hearing, was "outraged" that there were no airline representatives present at the hearing. He threatened to possibly subpoena the airlines to appear if a similar hearing was convened in the future.

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