--- In BATN@xxxxxxxxxxxxxxx, "12/23 Peninsula Examiner" <batn@xxxx> wrote: Published Friday, December 23, 2005, in the Peninsula Examiner Airlines, union want DOT to suspend Virgin certification Complainants say ownership of start up unclear By Neil H. Dempsey Three national carriers and one of the world's largest pilots union petitioned the government this week to suspend certification proceedings for Virgin America and investigate how much control Richard Branson and his Virgin Group will exercise over the startup carrier. Continental, Delta and American Airlines, all of which fly from SFO, have filed requests with the Department of Transportation that the agency require Virgin to submit more information regarding its ownership. The Allied Pilots Association and the Air Line Pilot Association, which represent 63,000 and 11,500 members respectively, have written in favor of Continental, which filed the original motion. Since federal law prohibits an airline from being owned by a foreign citizen, 75 percent of Virgin America's voting interest must be domestically controlled and two-thirds of the company's board of directors must be American citizens. Virgin claims to have met that requirement. Virgin's certification is tied into an ongoing debate about an open skies agreement between the U.S. and the European Union that could involve the relaxing of foreign-ownership laws. Continental and ALPA have previously criticized easing those restrictions. In its motion, Continental wrote that Branson and Virgin Atlantic developed the Virgin American concept, decided which aircraft it would use, where it would locate its headquarters and who would be selected as managers. "Yet, Virgin America now claims that the company went through a magical transformation in November by unidentified investors who may have undisclosed relationships with Mr. Branson, Virgin Atlantic and other Virgin Group entities," the motion reads. Continental requested proc-eedings be halted until Virgin offers up all documents associated with the startup's use of the Virgin logo, its purchase of planes, the identities of its investors and what involvement, if any, Branson has in firms investing in the company. Virgin America representative Stacy Geagan said the complaints of the "potential competitors" were par for the course. "It's just basically the process unfolding," she said. "We're puzzled by the idea that some airlines want to stop the process." Though Virgin has said it could be operational by next summer, there is no deadline by which the DOT must rule on the company's certification request. Dozens of local individuals and organizations have filed letters of support for Virgin America to the DOT, including SFO, which reported the airport needs the startup in part because only 15 percent of the airport's current commercial aviation traffic is considered low-cost, while the national average is about 30 percent. The public comment period for the Virgin's certification request will last until Dec. 29. E-mail: ndempsey@xxxx --- End forwarded message ---