Decision No. 47-A-1994
February 4, 1994
APPLICATION by James L. Brook carrying on business as Osprey Air for a licence pursuant to subsection 72(2) of the National Transportation Act, 1987, R.S.C., 1985, c. 28 (3rd Supp.) to operate a Class 4 Charter domestic service using fixed wing aircraft in Group A, from a base at Tulsequah, British Columbia.
File No. M4205/O58-4-2
Docket No. 921471
James L. Brook carrying on business as Osprey Air (hereinafter the applicant) has applied to the National Transportation Agency for a licence to operate the service set out in the title. The application was received on December 7, 1992.
Notice of the application was posted at the post office of Atlin and copies of the notice were sent to selected air carriers and to others believed to be interested. No interventions opposing the granting of the application were filed with the Agency.
By letter dated February 26, 1993, the Agency advised the applicant that no opposing interventions had been received and that it should therefore file Section II of its application within one year from the date of the letter.
The applicant has now filed Section II of its application. The Agency has reviewed the material filed and is satisfied that the applicant meets the requirements set out in paragraph 72(2)(a) of the National Transportation Act, 1987.
Accordingly, a licence to operate a Class 4 Charter domestic service from a base at Tulsequah, British Columbia will be issued to James L. Brook carrying on business as Osprey Air.
To make provision for the level of charter domestic service to be consistent with demand anticipated by the applicant and in accordance with the applicant's indicated intentions, the Agency finds it in the public interest to authorize the Licensee to use fixed wing aircraft in Group A.
Moreover, to preserve the integrity of the Class 1 Scheduled domestic services and the Class 2 Regular Specific Point domestic services in the designated area, the Agency deems it in the public interest to make the licence subject to the terms and conditions respecting route protection as set out in the attachment.
The licence will be subject to the terms and conditions prescribed by the Air Transportation Regulations, SOR/88-58, the condition respecting route protection contained in the attachment, which is hereby made a part of this Decision, and to the following condition:
The Licensee is authorized to use fixed wing aircraft in Group A.
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