Matt Molnar
2006-12-23, 02:37 PM
From today's WSJ:
Virgin America
Doubts Prospects
For U.S. Operation
By LAURA MECKLER and COREY DADE
December 23, 2006; Page A4
Virgin America Inc., the brainchild of Sir Richard Branson, expects federal authorities to reject its application to start a low-cost airline in the U.S., amid concerns that the British entrepreneur and other foreigners would wield too much influence.
U.S. law requires that Americans control domestic airlines flying within its borders. The Bush administration has tried to loosen those rules but recently said it was dropping the effort, given intense opposition in Congress and elsewhere.
Virgin America, which has been waiting more than a year for a decision, has said it would offer low-cost service out of San Francisco, with plans for the inaugural flight from San Francisco to New York's John F. Kennedy International Airport. Currently, no major low-cost carriers fly out of San Francisco International Airport, which has lost passengers to airports in Oakland and San Jose that are served by Southwest Airlines Co. and JetBlue Airways Corp.
Federal law limits non-U.S. ownership of airlines to 25% controlling stock and requires that citizens remain in actual control of all decisions.
Opposition to Virgin America has been led by Continental Airlines Inc., based in Houston, which has pressed regulators to demand more information from Virgin America about its ties to Mr. Branson and other non-U.S. entities.
Virgin America has repeatedly stressed that Mr. Branson, who partly owns the British carrier Virgin Atlantic Airways Ltd., has no involvement in management decisions. U.S. citizens own 75% of the company and hold two-thirds of the directors' seats. Mr. Branson's Virgin Group Ltd. controls 25% of the stock and a third of the voting power. "We filed a U.S. application for a U.S. airline," said Fred Reid, Virgin America's chief executive. "This company has been American-controlled for 15 months."
Mr. Branson came up with the idea for the airline, hired its leadership, chose the aircraft and assembled the initial plan. Virgin America borrowed nearly $53 million this summer from one of Mr. Branson's companies, Virgin Management Ltd. The Burlingame, Calif., start-up already had secured $177 million in financing, including some from Mr. Branson.
"We've never disputed that the original concept was Branson's. Who cares?" said Kenneth Quinn, an attorney for Virgin America with Pillsbury Winthorp. "What matters for purposes of the citizenship laws is what party is in control of an airline."
But Mr. Reid isn't hopeful. "We are hearing that there is going to be a negative order coming. I regard that as really disturbing," he said in an interview. He and others expect a decision soon, perhaps during the week.
While rejection is possible, the Department of Transportation also could provide a road map for the airline to address concerns about foreign control or other matters.
The application comes at a sensitive time for the Department of Transportation. It had wanted to loosen foreign-control regulations in hopes of both attracting more foreign investment and sealing an open-aviation agreement with the European Union. But opposition from labor unions and other concerns persuaded Congress to block the move. Congressional opposition had been stoked by the controversy surrounding Dubai Ports World, a Dubai-controlled company that sought to manage commercial operations at five U.S. ports.
Virgin America
Doubts Prospects
For U.S. Operation
By LAURA MECKLER and COREY DADE
December 23, 2006; Page A4
Virgin America Inc., the brainchild of Sir Richard Branson, expects federal authorities to reject its application to start a low-cost airline in the U.S., amid concerns that the British entrepreneur and other foreigners would wield too much influence.
U.S. law requires that Americans control domestic airlines flying within its borders. The Bush administration has tried to loosen those rules but recently said it was dropping the effort, given intense opposition in Congress and elsewhere.
Virgin America, which has been waiting more than a year for a decision, has said it would offer low-cost service out of San Francisco, with plans for the inaugural flight from San Francisco to New York's John F. Kennedy International Airport. Currently, no major low-cost carriers fly out of San Francisco International Airport, which has lost passengers to airports in Oakland and San Jose that are served by Southwest Airlines Co. and JetBlue Airways Corp.
Federal law limits non-U.S. ownership of airlines to 25% controlling stock and requires that citizens remain in actual control of all decisions.
Opposition to Virgin America has been led by Continental Airlines Inc., based in Houston, which has pressed regulators to demand more information from Virgin America about its ties to Mr. Branson and other non-U.S. entities.
Virgin America has repeatedly stressed that Mr. Branson, who partly owns the British carrier Virgin Atlantic Airways Ltd., has no involvement in management decisions. U.S. citizens own 75% of the company and hold two-thirds of the directors' seats. Mr. Branson's Virgin Group Ltd. controls 25% of the stock and a third of the voting power. "We filed a U.S. application for a U.S. airline," said Fred Reid, Virgin America's chief executive. "This company has been American-controlled for 15 months."
Mr. Branson came up with the idea for the airline, hired its leadership, chose the aircraft and assembled the initial plan. Virgin America borrowed nearly $53 million this summer from one of Mr. Branson's companies, Virgin Management Ltd. The Burlingame, Calif., start-up already had secured $177 million in financing, including some from Mr. Branson.
"We've never disputed that the original concept was Branson's. Who cares?" said Kenneth Quinn, an attorney for Virgin America with Pillsbury Winthorp. "What matters for purposes of the citizenship laws is what party is in control of an airline."
But Mr. Reid isn't hopeful. "We are hearing that there is going to be a negative order coming. I regard that as really disturbing," he said in an interview. He and others expect a decision soon, perhaps during the week.
While rejection is possible, the Department of Transportation also could provide a road map for the airline to address concerns about foreign control or other matters.
The application comes at a sensitive time for the Department of Transportation. It had wanted to loosen foreign-control regulations in hopes of both attracting more foreign investment and sealing an open-aviation agreement with the European Union. But opposition from labor unions and other concerns persuaded Congress to block the move. Congressional opposition had been stoked by the controversy surrounding Dubai Ports World, a Dubai-controlled company that sought to manage commercial operations at five U.S. ports.