Air frequencies, how do they assign them?? are they for sale?

In this installment we will talk about the frequencies atéreas, your assignment processón, Whoén grants them and above all, ¿Eastán for sale?

Ante informationón that has been published so much on social networks, as wellén in press, I insistedó This post aims to clarify some points and details about the information.ón what isá sharing strictly as the law implies.

This informationón is born since Tame EP entró in liquidationón after announcement by the Government of Ecuador, and this indicates that:

• “Aerol frequencies were givenínea to private companies the
• They sold the frequencies they haveíTame assigned to other Aerolídenies”.

In the strict sense of the aero guidelinesáuticas del país, and they are very similar to the rest of países, although obviously adapted to their own legislationón, is that the legal process for the assignmentón of frequencies, that are property of the state is the following:

OPERATION PERMISSION REGULATIONSÓN SERVICES

TRANSPORTATIONÉCOMMERCIAL PRISONER

resolveón of the Aviationón Civil 18

Official Registration 188 of 26-Feb.-2018

state: Current

CHAPTER I

GRANTING OF OPERATION PERMITSÓN

Art. 44.- Of the granting of Operating Permitsón.- Any request for the granting, modificationón, renovationón and suspensionón, de un permiso de operationón presented by an aerolínational or foreign line, to beá processed after payment of the corresponding rights, value not to beá refundable.

Art. 45.- Procedure for granting an Operating Permitón.- For the granting of an operating permitón, the National Aviation Councilón Civil adoptá the following procedure:

1. A la receptionón of the documentationóapplicant's number, to the Secretaryíto the National Aviation Councilón Civil checká formal compliance with the requirements established underúin the case.

Once the documentation has been reviewedón, of finding inconsistencies, be orderedá to the interested party that within a period of ten (10) días clarify and/or complete your request, with the observationón that if you do not do it within the period granted, understandá who has abandoned his requestón and be orderedá the tr fileámite. Within this téterm, the interested party mayá submit any modificationón to your original requirement.

1. And to the documentationón presented has no observations, to the Secretaryíto the National Aviation Councilón Civil, requestá at ácompetent areas of the Directorateón General of Aviationón Civil (DGAC), that within ten (10) días, the respective reports are prepared with the pertinent conclusions and recommendations.

If found in the reviewón integral part of the application observations or concerns that warrant clarificationón, the árespective area of ​​the DGAC, send themá to the Secretaryíto the Aviation Councilón Civil, to be notified in writing and only once to the applicant.

Those interested within a period of ten (10) días subhealán observations reported, after which the Secretariatíto the Aviation Councilón Civil requestá at árespective areas that within seven (7) días, the respective reports are prepared with the pertinent conclusions and recommendations. In the event that the aerosolínea does not correct what is required, the ácompetent areas to issueán your report with the elements that appear within the trámite.

In the event that aerosolíNational routes require operating from the Ecuadorian mainland to and from the Galicia Islands.ápaid, attachán at your request, the report téfavorable opinion of the Plenary of the Government Council of the RéSpecial Gal moanápaid, in compliance with the provisions of the Provisionón General Sixth of the Org Lawánica de Rémoan Special of the Province of Galápaid.

1. But his manner was smoothánea to the request for reports, to the Secretaryía del CNAC dispondrá for úonly time and at the expense of the interested party the publicationón of an extract of the application in one of the periówidely circulated newspapersónational, in accordance with the format established by the CNAC, without prejudice to its publicationón in páinstitutional website.

The interested party mustá deliver to the Secretariatía of the CNAC in the téterm of ten (10) días, a copy of the publicationón.

1. Once the extract of the application has been published in one of the periówidely circulated newspapersón of the país, natural or juridical personsíthose who feel affected by the petitionón in trámite, tenderáwithin ten (10) días hábils to be able to present your oppositionón.
2. When the respective reports are available, to the Secretaryíto the Aviation Councilón Civil, in the Téterm of seven (7) días, riseá a unified report and draft resolutionón for knowledge, análysis and decisionón of the National Aviation Councilón Civil.

Art. 46.- From the oppositionón.- the oppositionón dutyá be substantiated, with the corresponding supporting documents and in additionáto contemplateá to identifyón of legal address or electronic meansóunique for future notifications. Oppositions that meet the requirements established in this artíass, to motivateán la realizationón of the “interested audience”, que previa authorizationón of the President of the National Aviation Councilón Civil, to beá summoned by the Secretary of the Agency, informing date, time and place of performanceón of the same, in which you canán the legal representatives of the companies intervene on their ownñías involved or their duly accredited representatives.

the oppositionódo not apply úOnly for applications aimed at obtaining an operating permit.óI didn't modify itón in the case of increase in commercial air rights, such as routes, frequencies and rights of transitáfico.

No isán subject to tráopposition mythón Aerol Requestsíforeign lines of the Paísix Members of the Andean Community, Aerol RequestsíEcuadorian guidelines to exercise aerocommercial rights úonly within the Andean Community; Aerol Requestsícompanies that intend to operate protected by border agreements signed by Ecuador and the requests for companyñínational authorities aimed at obtaining an operating permitón for taxi toéreo.

Art. 47.- Of the Resolutions of Operating Permitsón for performanceón of transport services toéreo.- In resolutions regarding operating permitsón for performanceón of transport services toésentence that is awarded, themselvesúIn the case in question, be specifiedá principally:

1. Authorized Service Class;
2. Term of validity;
3. Routes toéauthorized areas, with determine usón specífica of terminal points, así as of the intermediates, if there were, clearly indicating those that constitute commercial scales and those that are út scales onlyécones or points and/or regions between which the service is authorized; d) Type of aircraft authorized for service;
4. The main aircraft operations and maintenance center;
5. Proof that the permit holder has insurance contracts, to guarantee the payment of compensation for the daysños and damages to passengers, cargo or luggage, and to the persons or property of third parties on the surface;
6. Conditions and limitations, themselvesún the nature of the service or interestés público;
7. car obligationsáregulatory character that the company must comply with permanently and/orótip;
8. La authorizationórespective n, when appropriate, for transporting suitcases, postal bundles and packages and mail in general; and,
9. Any other, that in the opinion of the authority it is deemed necessary to include.

Art. 48.- Deadline to start procedures.- Once the resolution is issuedón the aerolíno dutyá initiate the corresponding procedures before the Directorateón General of Aviationón Civil within a period of no more than sixty (60) días, counted from the date of your notificationón. In exceptional and duly justified cases, this period mayá expand for the same period.

Art. 49.- Notify usóNo. of Agreements and Resolutions.- The Agreements and Resolutions issued by the National Aviation Councilón Civil are mandatory and must beán notified within the period of ten (10) días from the date of its dispatchón, to interested parties, to the Director General of Aviationón Civil and beán published in the Official Registry and in the páinstitutional website.

For más clarity, You can read the full file hereí: REGLAMENTO PERMISOS DE OPERACIÓN

Finally, remember that the routes requested by LATAM Ecuador, Avianca Ecuador and Aeroregional were requested prior to the COVID-19 pandemic and above all, before the liquidation announcementón de Tame EP, given that it is a process that takes time and where the companies themselves can oppose and alsoén refuse routes as has happened before.

The objective hereí is to know a little moreás about cóhow our industry works.