Decision No. 430-A-1989

August 29, 1989

File No. M4895-M128-2

Docket No. 89477

Metro Air Northeast, Inc. (VT) doing business as Trans World Express and/or Metro Air Northeast has applied for a licence to operate the service set out in the title.

Under cover of Diplomatic Note Nos. 248 dated July 18, 1989 and 276 dated August 2, 1989, the Government of the United States of America forwarded the above-noted application to the Government of Canada. The applicant has been endorsed by the United States Government for licensing pursuant to the automatic approval provisions of Diplomatic Notes ETT-1483 and 300 on Regional, Local and Commuter Air Services, exchanged between the Government of Canada and the Government of the United States of America on August 21, 1984.

The pertinent terms and conditions of the Regional, Local and Commuter Services Agreement contained in Diplomatic Notes ETT-1483 and 300 exchanged between the Government of Canada and the Government of the United States of America on August 21, 1984 (hereinafter the Agreement) having been complied with, the Agency, in accordance with the provisions of sections 69, 88 and 89 of the National Transportation Act, 1987, R.S.C., 1985, c. 28 (3rd Supp.) (hereinafter the Act), will issue to Metro Air Northeast, Inc. (VT) doing business as Trans World Express and/or Metro Air Northeast a licence to operate a scheduled international service. Moreover, the Agency deems it appropriate in the public interest to include in the licence to be issued the terms and conditions set out below as they reflect the terms of the Agreement and Diplomatic Note Nos. 248 dated July 18, 1989 and 276 dated August 2, 1989.

The licence to be issued pursuant to this Decision shall, in addition to the conditions prescribed by the Air Transportation Regulations, SOR 88-58, be subject to the following terms and conditions:

1. The Licensee is authorized to serve the points Binghamton, New York, U.S.A. and Montreal, Quebec, Canada.
2. The operation of the scheduled international service authorized herein shall be conducted subject to the provisions of the Agreement and to any arrangements related thereto as may be agreed to between Canada and the United States of America.
3. Unless terminated at an earlier date in accordance with the Act or the Agreement, this licence shall terminate at the termination or expiration of the Agreement, or upon the effective date of any amendment to the Agreement which shall have the effect of eliminating the rights herein authorized.
4. While operating the international service authorized herein, the Licensee is restricted in its operations to the use of fixed wing aircraft type-certificated as capable of carrying no more than 60 passengers and having a maximum payload capacity of no more than 18,000 pounds.
5. The international service authorized herein, when operated with aircraft certificated for 31 or more passengers, shall not be operated in conjunction with other air services when the combination would constitute single-plane service between terminal points of a route named in the schedules of the 1966 Air Transport Agreement between the Government of Canada and the Government of the United States, as amended.