DOT issues proposal to revise GDS rules: Travel Weekly

DOT issues proposal to revise GDS rules

WASHINGTON -- The Transportation Department Nov. 12 finally issued its oft-delayed proposal to revise the rules governing GDSs for the first time since 1992.

The 286-page Notice of Proposed Rulemaking, to be published in the Federal Register as early as Nov. 13, covers a broad range of GDS issues.

Under the proposed rule, the government would continue to regulate all of the GDSs, including the ones no longer owned by the airlines. However, the DOT's proposed rules would not regulate ticket sales over the Internet.

The proposal also calls for the elimination of two rules the DOT concluded "may unduly limit the ability of airlines to bargain for better terms with the systems."

One is the mandatory participation rule. Under that rule, an airline with ownership interest in a GDS must participate in competing GDSs at the same level at which it participates in its own, if the terms are commercially reasonable.

The second is the rule prohibiting discriminatory booking fees, under which the GDS must charge the same fee to every airline.

While those two rules would be eliminated, the DOT would maintain the existing requirement that information in the systems be organized in an objective and unbiased manner.

Other issues of particular interest to agents:

• The DOT is asking for comment on ways to regulate productivity pricing so that it would not serve as a "de facto minimum use" provision.

• The proposed rule would restrict the agency-related marketing data airlines may obtain from GDSs. The DOT cited concerns that large airlines "may use the data to pressure travel agencies in such a metropolitan area to stop booking travelers with competing airlines."

• In a separate but related issue in the same notice, the DOT proposed a change in policy on agent service fees. Under certain conditions, agencies would be allowed to exclude the service fee from the advertised price of an airline ticket initially, as long as they notify consumers of the fee and the total price when informing them of any specific itinerary that may be purchased.

The comment period on the Notice of Proposed Rulemaking will last for 90 days from its publication in the Federal Register (60 days for initial comments and an additional 30 days for replies).

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Look for additional details on this article in the Nov. 18 issue of Travel Weekly.

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