Spirit and Frontier Oppose U.S. DuT’s DCA Slot Decision
Spirit Airlines and Frontier Airlines are challenging the U.S. Department of Transportation’s (DOT) preliminary decision to deny their applications for new slot pairs at Washington National Airport (DCA). Instead, the DOT provisionally approved requests from Alaska Airlines, American Airlines, Delta Air Lines, Southwest Airlines, and United Airlines for these coveted slots.
Background on the DOT’s Slot Allocation at Washington National
In June, the DOT announced an exemption proceeding to allocate ten daily slots (five slot pairs) at Washington National. Four pairs were reserved for non-limited incumbent carriers, and one pair was designated for a limited incumbent carrier. Spirit applied for two slots to launch daily nonstop flights to San José, California, while Frontier sought a slot pair for daily service to San Juan, Puerto Rico.
However, in October, the DOT found that Spirit did not qualify as a “limited incumbent carrier” since it had not served Washington National as of May 16, 2024. Meanwhile, Frontier was deemed ineligible as a “new entrant.” Instead, the DOT tentatively awarded the slots to legacy carriers and Alaska Airlines, a decision that Spirit and Frontier argue undermines competition and limits consumer choices.
Spirit and Frontier’s Response to the Slot Decision
In response, Spirit and Frontier filed objections urging the DOT to reconsider its decision. Spirit’s objection cites Section 502 of the 2024 FAA Reauthorization Act, which mandates that these exemption slots should enhance nonstop services to underserved, beyond-perimeter airports from Washington National and promote market competition. Spirit argues that the DOT’s decision contradicts this mandate and primarily benefits legacy carriers, which already dominate Washington National’s slots.
Spirit also highlights that Senator Maria Cantwell, Chairwoman of the Senate Commerce Committee, had suggested specific cities—San Antonio (American), Seattle (Delta), Las Vegas (Southwest), and San Diego (Alaska)—for new services in a July 2024 letter to the DOT. Spirit contends that Alaska’s recent merger with Hawaiian Airlines positions it as a large domestic airline with an 8% market share, giving it ample market access without the need for additional DCA slots.
According to Spirit, the DOT had alternative options to promote competition:
- Recognize Alaska as a non-limited incumbent and allocate the San José route to Spirit as a limited incumbent.
- Categorize Alaska as a limited incumbent, leaving remaining non-limited slots open for other low-cost carriers like JetBlue or United for underserved routes.
Instead, the DOT granted additional slots to United, which Spirit argues effectively excludes low-cost carriers from DCA’s slot allocation.
Frontier’s Legal Arguments and Objections
Frontier claims that the DOT misinterpreted regulations to disqualify it from the allocation, a stance it says conflicts with prior DOT decisions affirming Frontier’s eligibility. Frontier argues that Alaska Airlines, with its existing codeshare partnership with American Airlines, already has substantial access to DCA, making the additional slot allocation unnecessary. Frontier notes that American and Alaska’s combined slot holdings at DCA exceed the designated cap, calling the DOT’s decision an unfair advantage to legacy players.
Sources: AirGuide Business airguide.info, bing.com, ch-aviation.com