Decision No. 51-A-1994
February 4, 1994
APPLICATION by Air Satellite Inc. for authority to also serve Havre-Saint-Pierre, Natashquan, Chevery, Saint-Augustin, Lourdes-de-Blanc-Sablon, Forestville, Îles-de-la- Madeleine, Bonaventure, Gaspé and Port-Menier, Quebec using fixed wing aircraft in Groups A, B and C; Grandes Bergeronnes, Quebec using fixed wing aircraft in Groups A, B and C between July 1 and September 15 of each year; Manic V, Quebec using fixed wing aircraft in Groups A, B and C between June 1 and September 1 of each year; and Kégashka, La Romaine, Aylmer Sound, Tête-à-la-Baleine and La Tabatière, Quebec using fixed wing aircraft in Group C between January 1 and May 1 (spring thaw) and between June 1 and November 1 (winter freeze-up) of each year under Licence No. 882734.
File No. M4205/A140-2-1
Docket No. 930159
Air Satellite Inc. (hereinafter the applicant) has applied to the National Transportation Agency for authority to operate the service set out in the title. The application was received on February 8, 1993 and was complete and ready for processing on February 22, 1993.
Under Licence No. 882734 (An amended Licence No. 882734 was issued on September 8, 1993, authorizing the applicant to also use fixed wing aircraft in Group A and to also serve the point Bagotville, Quebec), the applicant was authorized to operate a Class 2 Regular Specific Point domestic service using fixed wing aircraft in Groups B, C and D, serving the points Baie-Comeau, Port- Cartier, Matane, Mont-Joli, Rimouski, Sept-Îles, Québec and Montréal, Quebec.
Condition No. 2 of Licence No. 882734 reads:
In the operation of its service to and from Sept-Îles, the Licensee is authorized to use fixed wing aircraft in Groups B and C only.
Notice of the application was published on March 12, 14, 15 and 17, 1993 in the newspapers of the areas concerned and was posted at the post offices of Chevery, Saint-Augustin, Lourdes-de-Blanc-Sablon, Bonaventure, Grandes Bergeronnes, Manic V, Kégashka, Gethsémani, Aylmer Sound, Tête-à-la-Baleine and La Tabatière. Copies of the notice were also sent to selected air carriers and to others believed to be interested. An intervention opposing the granting of the application was filed with the Agency by Trans Côte Inc. The applicant replied to the intervention.
The Agency notes that the notice was published in Le Radar on March 15, 1993 instead of March 16, 1993 as was directed; and that the public notice did not specify that parts of the proposed service would be operated on a seasonal basis. However, the Agency accepts the public notice as being good and sufficient notice.
By letter dated June 17, 1993, the Agency advised the applicant of its determination pursuant to paragraph 72(2)(b) of the National Transportation Act, 1987, R.S.C., 1985, c. 28 (3rd Supp.) that the issuance of a licence for the proposed service would not lead to a significant decrease or instability in the level of domestic service provided between points or to or from any point in the designated area. The reasons for the determination of the Agency are set out below.
The pleadings form part of the public files and may be consulted in the offices of the Agency by anyone who so desires. In addition, copies will be provided by the Secretary of the Agency on request.
The Agency has considered the application, the material in support thereof and the intervention referred to.
The determination of the Agency pursuant to paragraph 72(2)(b) of the National Transportation Act, 1987 is based on the material filed and the situation which existed on the date of issuance of the letter which communicated the decision of the Agency.
In its opposing intervention, the intervener indicates that there is no need for an additional Class 2 Regular Specific Point domestic service in the Lower North Shore area since the market for such air service is over saturated. The intervener also indicates that the proposed service would have a negative impact on its operation and on existing services. The Agency notes, however, that the intervener presents no specific evidence to substantiate that the operation of the proposed service would have a significant adverse effect on the overall level of domestic service provided to, from or within the designated area.
Further, the Agency notes that there is no indication of concern from other parties, such as members of the general public, community representatives or users of air services, that the operation of the proposed service would have a negative impact on the level of domestic service provided to, from or within the designated area.
Accordingly, the Agency is satisfied that the issuance of a licence for the proposed service would not lead to a significant decrease or instability in the level of domestic service provided between points or to or from any point in the designated area.
The applicant was also requested by Agency letter dated June 17, 1993 to file Section II of its application within one year from the date of the letter.
The applicant met the requirements of the Agency in respect of the authority to serve Havre-Saint-Pierre, Natashquan, Chevery, Saint-Augustin, Lourdes-de-Blanc-Sablon, Forestville, Îles-de-la-Madeleine, Bonaventure, Gaspé and Port-Menier, Quebec using fixed wing aircraft in Groups A, B and C and in respect of the authority to serve the point Grandes Bergeronnes, Quebec using fixed wing aircraft in Groups B and C between July 1 and September 15 of each year; and accordingly, a new document of licence was issued to Air Satellite Inc.
The applicant has now filed Section II of its application in respect of the authority to serve Manic V, Quebec using fixed wing aircraft in Groups B and C between June 1 and September 1 of each year.
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 in respect of the authority to also serve Manic V, Quebec using fixed wing aircraft in Groups B and C between June 1 and September 1 of each year.
In accordance with the request of the applicant to serve the point Manic V on a seasonal basis, the Agency finds it in the public interest to authorize the Licensee to operate this service between June 1 and September 1 of each year.
Licence No. 882734 is hereby amended by adding the following condition:
In the operation of its service to and from the point Manic V, the Licensee is authorized to use fixed wing aircraft in Groups B and C only between June 1 and September 1 of each year.
Par conséquent, une nouvelle licence portant le numéro 882734, autorisant Air Satellite Inc. à desservir Baie-Comeau, Port-Cartier, Matane, Mont-Joli, Rimouski, Sept-Îles, Québec, Montréal, Bagotville, Havre-Saint-Pierre, Natashquan, Chevery, Saint-Augustin, Lourdes-de-Blanc-Sablon, Forestville, Îles-de- la-Madeleine, Bonaventure, Gaspé, Port-Menier, Grandes Bergeronnes et Manic V (Québec), sera délivrée.Accordingly, a new document of licence bearing Licence No. 882734, authorizing Air Satellite Inc. to serve the points Baie-Comeau, Port-Cartier, Matane, Mont-Joli, Rimouski, Sept-Îles, Québec, Montréal, Bagotville, Havre-Saint-Pierre, Natashquan, Chevery, Saint-Augustin, Lourdes-de-Blanc-Sablon, Forestville, Îles-de-la-Madeleine, Bonaventure, Gaspé, Port-Menier, Grandes Bergeronnes and Manic V, Quebec, will be issued.
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