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Dash Air suspends operations until DOT settles complaint from competition

By Pepper Fisher

SEATTLE – Dash Air Shuttle has made the decision to delay its maiden flights and refund all advanced ticket sales until they can resolve a complaint filed by Kenmore Air with the US Dept. of Transportation.

As we reported Tuesday, Kenmore Air has challenged Dash Air’s ability to re-introduce commercial service between Port Angeles and SeaTac Airport. In a news release sent out on Wednesday, Dash Air maintains that there is ample precedent for the DOT to dismiss these claims, but until that time, ticket sales and planned operations have been suspended until the complaint has been resolved.

Dash Air President Clint Ostler says Kenmore’s complaint is unfounded, and basically boils down to the claim that Dash is deceiving its customers and the feds by running an interstate business while claiming to be operating in Washington only.

“I think the complaint is the fact that we use a reservation system that is based in Orlando, and that we also are selling tickets on the internet. And as you know, there isn’t really a way to geographically isolate the internet. So anyone has the right and ability to book a ticket, even though we’re promoting and restricting flights within the state of Washington.”

Ostler says Kenmore is also complaining that Dash Air has formed a partnership with Backcountry Aviation, an Oregon-based airline, to manage the operational side of Dash flights.

“The fact that our operator’s based in Oregon does not mean that they’re operating from Oregon. We feel like, from a legal perspective, we’ve done everything correct. We don’t promote on our website that we have affiliations or connections with any airlines, so we’re not creating this illusion that we’re engaged in interstate commerce by providing connections to other airlines. Our advertising is all local. So, you know, we feel we’re doing everything that we can.

Kenmore Air terminated air service to Port Angeles in 2014 and has shown no interest in coming back, despite efforts by officials from the Port of Port Angeles.

Ostler says pursuing a timely dismissal of Kenmore’s claims will be a significant financial burden for a start up like Dash, but the company is committed to bringing air service back to Port Angeles, and he does not expect their employees to be impacted by this temporary service suspension.

As for a potential timeline for getting this settled with the DOT;

    “When we respond to Kenmore’s complaint to the DOT, we are going to ask for an expedited hearing to try to move this along a lot faster. But in terms of timeline, it can be anywhere from 30 days to 120 days. It really is dependent on the DOT’s docket load, and really, the feedback from the community. So we’re really encouraging the local community to go to the DOT’s website. Hopefully, with enough community support and support from elected officials, this helps to move this along a little faster.”

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