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Old 07-07-2011 | 12:42 PM
  #70043  
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georgetg
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Joined: Jul 2006
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From: Boeing Hearing and Ergonomics Lab Rat, Night Shift
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Originally Posted by forgot to bid
Any updates on this: I'm hearing we're giving in. I hope that's not true.
If a carrier that performs category A or category C operations acquires an aircraft that would cause the Company to no longer be in compliance with the provisions of Section 1 D. 2. c. [A320 at Frontier is 162 seats] , the Company will terminate such operations on the date that is the later of the date such aircraft is placed in revenue service, or nine months from the date that the Company first became aware of the potential acquisition.
"Domestic air carrier” means an air carrier as defined in 49 U.S.C. Section 40102(a)(2)
TITLE 49 > SUBTITLE VII > PART A > subpart i > CHAPTER 401 > § 40102
§ 40102. Definitions
(a) General Definitions.— In this part—
(1) “aeronautics” means the science and art of flight.
(2) “air carrier” means a citizen of the United States undertaking by any means, directly or indirectly, to provide air transportation.

"undertaking by any means, directly or indirectly, to provide air transportation."

That's pretty broad, certainly well beyond certificate holder...
Gotta be a pretty bad lawyer to not be able to argue that...

Cheers
George