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Cablegate: Civair Brazil: Usairways Application for Frequencies

VZCZCXRO6057
RR RUEHRG
DE RUEHBR #1026 2311012
ZNR UUUUU ZZH
R 191012Z AUG 09
FM AMEMBASSY BRASILIA
TO RUEHC/SECSTATE WASHDC 4873
INFO RUEHRI/AMCONSUL RIO DE JANEIRO 8094
RUEHSO/AMCONSUL SAO PAULO 4425
RUEHRG/AMCONSUL RECIFE 9834

UNCLAS BRASILIA 001026

SIPDIS
SENSITIVE

STATE FOR EEB/TRA, WHA/BSC, WHA/EPSC

E.O. 12958: N/A
TAGS: EAIR BR
SUBJECT: CIVAIR BRAZIL: USAIRWAYS APPLICATION FOR FREQUENCIES

SENSITIVE BUT UNCLASSIFIED

REF: STATE 80732

1. (SBU) Summary: On August 14, Brazil's National Civil Aviation
Agency (ANAC) confirmed that the August 11 ANAC Board of Directors'
meeting granted US Airways legal approval to work in Brazil. This
approval allows for US Airways to begin contracting personnel,
registering the company and acquiring office space at Rio's Galeao
airport in preparation for its inaugural flight between Charlotte
and Rio in December 2009. However, the Board did not approve US
Airways' operations permit. According to Ricardo Catanant, ANAC's
head of commercial licensing, ANAC has no record of US Airways'
Security Plan, its Airworthiness Certificate, nor has US Airways
submitted to ANAC their fare schedules for the new route. These
documents are required before ANAC's Board of Directors votes on
approving US Airways' operations permit. Catanant suggested that
either US Airways or its legal counsel in Brazil contact him
directly at 5561-3366-9427, or his assistant Leonardo Miranda at
5561-3366-9504, to review this issue with them. End Summary.

2. (SBU) ANAC Director Marcelo Guaranys confirmed the outcome of
the Board of Directors' vote, and explained that the issuance of
permits for new carriers operating in Brazil involves two separate
votes, the first being commercial, and the second operational.
Guaranys was told US Airways believed it had submitted required
documentation three weeks previous, but he confirmed the required
operational documents were not on file at the time of the vote. In
addressing US Airways' request for temporary permission to begin
selling tickets for peak season travel in December while it waits on
permit approval, Guaranys stated that Brazilian civil aviation
regulations do not allow for airlines to sell tickets "pending
government approval." Guaranys suggested US Airways talk directly
to Catanant and Miranda to clarify the status of the application.

3. (SBU) ANAC's Catanant and Miranda confirmed that ANAC still had
no records of US Airways' Security Plan, its Airworthiness
Certificate, nor US Airways' proposed fare schedules for the new
route, during an August 17, 2009 phone conversation with Econoff.
Miranda advised that once all required documents are received and
approved, the subject would come up for vote at ANAC's weekly Board
of Directors' meeting and US Airways should receive the second
license about two weeks later. Upon license receipt, it would be
possible for US Airways to ask authorization for scheduled flights.
Catanant suggested that US Airways or its legal counsel contact him
or Miranda via phone or at Catanant's email address,
ricardo.catanant@anac.gov.br, to obtain more information about the
process or answer any questions.


4. (SBU) Comment: Post recommends US Airways contact ANAC's
Catanant or Miranda to clarify US Airways' application status. Post
stands ready to assist should US Airways have additional questions.
End Comment.


KUBISKE

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