Airline Competition Equity Act of 1991

Summary

Airline Competition Equity Act of 1991 - Prohibits the purchase, sale, lease, or transfer of slots at airports on or after August 1, 1991, except that: (1) one slot may be exchanged for another if there is no other consideration associated with the exchange; (2) slots may be transferred on or after such date as part of an overall or substantial transfer of assets of an air carrier; (3) slots at high density traffic airports may be transferred by a carrier that prior to August 1, 1991, filed for bankruptcy if the transfer is necessary to effectuate the sale of assets; and (4) slot leases entered into before August 1, 1991, may continue or be extended until 18 months after enactment of this Act. Directs the Administrator of the Federal Aviation Administration to establish by rulemaking a pool of slots for new entrant air carriers at high density traffic airports. Terminates such rule (as well as the existing "buy-sell rule") 18 months after enactment of this Act. Requires the Administrator to provide a specified certification to the Congress if, after such rule ceases to be effective, the Secretary of Transportation or the Administrator decides to issue a new rule for the allocation of such slots. Requires the Secretary to: (1) study the extent to which shuttle service provided by air carriers between LaGuardia National Airport to Boston and to Washington National Airport is of public interest to the northeastern United States; and (2) report to the Congress within 12 months after enactment of this Act on the results of such study, including recommendations. Amends the Federal Aviation Act of 1958 to authorize the Secretary of Transportation to approve the transfer of a foreign air transportation route certificate upon finding that the transfer: (1) does not adversely affect the long term viability of any carrier involved in the transfer; (2) will not increase economic concentration or otherwise adversely affect competition in the domestic airline industry; and (3) is in the public interest. Limits foreign investment in domestic air carriers to 25 percent of the voting interest, and no more than 25 percent of the equity, unless the Secretary authorizes a higher percentage (up to 49 percent of the voting interest or equity). Directs the Secretary to review any proposed transaction which would result in foreign ownership or control of air carriers of more than 25 percent. Sets forth criteria for approval of such ownership. Amends bankruptcy law to provide for the treatment of unexpired leases or executory contracts with airport operators under which the debtor has a right to the use or possession of an airport terminal, aircraft gate, or related facility. Authorizes airport operators, subject to guidelines and limits established by the Secretary, to modify agreements on the use of aircraft gates. Amends the Federal Trade Commission Act to remove the authority of the Federal Trade Commission over unfair methods of competition by certain air carriers and foreign air carriers. Amends the Federal Aviation Act of 1958 to require the Secretary of Transportation to ensure that computer reservation systems are available to all air carriers, ticket agents, and other persons on a nondiscriminatory basis. Prohibits air carriers (or affiliates) from operating such a system after March 1, 1992. Directs the Secretary of Transportation to issue an order authorizing a covered air carrier to develop an air transportation plan which protects airline ticket holders in the event it becomes a debtor in bankruptcy proceedings after the ticket purchase date. Provides that if satisfactory plans have not been submitted by a specified deadline, the Secretary must promulgate regulations requiring all covered air carriers to provide air transportation for such ticket holders.

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2 official files

• Introduced in Senate (text)

  Introduced in Senate · EN

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• Introduced in Senate

  summary · EN · 2 August 1991

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