International Air Transportation Competition Act of 1979

Summary

International Air Transportation Competition Act of 1979 - Amends the Federal Aviation Act of 1958 to direct the Civil Aeronautics Board to utilize the same public policy interests which are applicable to interstate and overseas air transportation in carrying out its functions with respect to foreign air transportation including placing maximum reliance on competitive market forces to provide the needed air transportation. Removes the requirement that a certificate to engage in foreign air transportation may only be granted if the transportation applied for is required by the public convenience and necessity. Stipulates that an application for such service need only be consistent with the public convenience and necessity. Authorizes the Board to suspend an air carrier's certificate and to grant such operating authority to another carrier if: (1) restrictions contained in a bilateral air transport agreement with a foreign country, or imposed by a foreign country, preclude or make it impracticable for the Board to authorize an additional carrier in a particular foreign air transportation market; and (2) the alternative carrier has demonstrated that it will provide substantially improved service, substantially lower fares or rates, or a substantially improved combination of service and fares. Sets forth administrative procedures for such suspensions. Authorizes the Board to issue a permit to foreign air carriers if either the applicant has been designated by its government to perform such foreign air transportation under the terms of an agreement with the United States or that such transportation will be in the public interest. Removes the requirement that a public hearing be held with respect to the issuance of such permits. Authorizes the Board, without a public hearing but subject to the approval of the President, to suspend or modify the permits of the air carriers of a foreign country if it finds that the country, over the objections of the United States, has impaired the operating rights of United States carriers, or has engaged in unfair, discriminatory, or restrictive practices with a substantial adverse competitive impact upon United States carriers. Authorizes the Board to also restrict the operations between such foreign country and the United States by any foreign air carrier of a third country. Authorizes the Board to require foreign air carriers to file such reports as the Board may require. Removes the requirement that foreign air carriers file copies of every agreement or contract between such a carrier and any other carrier which affects foreign air transportation. Authorizes the Board to exempt any foreign air carrier from the requirements of the Federal Aviation Act of 1958 to the extent necessary to allow the carrier to lease or charter aircraft to a United States direct carrier for the performance of air transportation services under an agreement approved by the Board. Authorizes the Board to dispense with hearings regarding the suspension or rejection of any tariff filed by a foreign air carrier. Stipulates that if any air carrier or foreign air carrier has its initial tariff suspended or rejected by the Board, it may file a tariff which embodies the current rate structure of any other carrier engaged in the same foreign air transportation. States the intent of Congress that, in formulating United States air transportation policy, the appropriate Federal officials should develop a negotiating policy which emphasizes the greatest degree of competition that is compatible with a well-functioning international air transportation system. Establishes an International Aviation Advisory Council to assist the Secretary of State, the Secretary of Transportation, and the Civil Aeronautics Board in developing such international aviation negotiating policy. Directs the President to grant to at least one representative of each House of Congress the privilege of attending international aviation negotiations as an observer if such privilege is requested in advance in writing. Removes the requirement that air transportation financed by the Federal Government be provided by domestic carriers if such transportation is provided pursuant to an air transport agreement between the United States and a foreign government and such agreement provides reciprocal rights for the transportation by domestic carriers of passengers or cargo financed by such foreign government. Amends the International Air Transportation Fair Competitive Practices Act of 1974 to allow the Board to take such action as it deems necessary to eliminate the practices or restrictions of any foreign government (including its air carriers) which result in discriminatory or anticompetitive practices against a United States carrier or which impose unreasonable restrictions on the access of a United States carrier to foreign markets.

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Documents

6 official files

• Public Law (PDF)

  Public Law · EN · 16 February 1980

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• Conference report filed in Senate

  summary · EN · 19 December 1979

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• Passed House amended

  summary · EN · 13 November 1979

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• Passed Senate amended

  summary · EN · 29 September 1979

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• Reported to Senate with amendment(s)

  summary · EN · 24 September 1979

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• Introduced in Senate

  summary · EN · 7 June 1979

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