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U.S. Code as of:
01/19/04
Section 41733. Level of basic essential air service
(a) Decisions Made Before October 1, 1988. - For each eligible
place for which a decision was made before October 1, 1988, under
section 419 of the Federal Aviation Act of 1958, establishing the
level of essential air transportation, the level of basic essential
air service for that place shall be the level established by the
Secretary of Transportation for that place by not later than
December 29, 1988.
(b) Decisions Not Made Before October 1, 1988. - (1) The
Secretary shall decide on the level of basic essential air service
for each eligible place for which a decision was not made before
October 1, 1988, establishing the level of essential air
transportation, when the Secretary receives notice that service to
that place will be provided by only one air carrier. The Secretary
shall make the decision by the last day of the 6-month period
beginning on the date the Secretary receives the notice. The
Secretary may impose notice requirements necessary to carry out
this subsection. Before making a decision, the Secretary shall
consider the views of any interested community and the appropriate
State authority of the State in which the community is located.
(2) Until the Secretary has made a decision on a level of basic
essential air service for an eligible place under this subsection,
the Secretary, on petition by an appropriate representative of the
place, shall prohibit an air carrier from ending, suspending, or
reducing air transportation to that place that appears to deprive
the place of basic essential air service.
(c) Availability of Compensation. - (1) If the Secretary decides
that basic essential air service will not be provided to an
eligible place without compensation, the Secretary shall provide
notice that an air carrier may apply to provide basic essential air
service to the place for compensation under this section. In
selecting an applicant, the Secretary shall consider, among other
factors -
(A) the demonstrated reliability of the applicant in providing
scheduled air service;
(B) the contractual and marketing arrangements the applicant
has made with a larger carrier to ensure service beyond the hub
airport;
(C) the interline arrangements that the applicant has made with
a larger carrier to allow passengers and cargo of the applicant
at the hub airport to be transported by the larger carrier
through one reservation, ticket, and baggage check-in;
(D) the preferences of the actual and potential users of air
transportation at the eligible place, giving substantial weight
to the views of the elected officials representing the users; and
(E) for an eligible place in Alaska, the experience of the
applicant in providing, in Alaska, scheduled air service, or
significant patterns of non-scheduled air service under an
exemption granted under section 40109(a) and (c)-(h) of this
title.
(2) Under guidelines prescribed under section 41737(a) of this
title, the Secretary shall pay the rate of compensation for
providing basic essential air service under this section and
section 41734 of this title.
(d) Compensation Payments. - The Secretary shall pay compensation
under this section at times and in the way the Secretary decides is
appropriate. The Secretary shall end payment of compensation to an
air carrier for providing basic essential air service to an
eligible place when the Secretary decides the compensation is no
longer necessary to maintain basic essential air service to the
place.
(e) Review. - The Secretary shall review periodically the level
of basic essential air service for each eligible place. Based on
the review and consultations with an interested community and the
appropriate State authority of the State in which the community is
located, the Secretary may make appropriate adjustments in the
level of service, to the extent such adjustments are to a level not
less than the basic essential air service level established under
subsection (a) for the airport that serves the community.
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