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

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In this installment we will talk about the air frequencies, your allocation process, who grants them and above all, are they for sale?

Given information that has been published both on social networks, as well as in the press, This post was born with the objective of clarifying some points and details about the information that is being shared strictly as the law implies..

This information comes from when Tame EP went into liquidation following an announcement by the Government of Ecuador, and this indicates that:

• «The airline's frequencies were given to private companies or
• "They sold the frequencies that Tame had assigned to other airlines".

In the strict sense of the country's aeronautical guidelines, and that they are very similar to the rest of the countries, although obviously adapted to their own legislation, is that the legal process for assigning frequencies, that are property of the state is the following:

REGULATION PERMITS FOR OPERATION SERVICES

COMMERCIAL AIR TRANSPORTATION

Civil Aviation Resolution 18

Official Registration 188 of 26-Feb.-2018

state: Current

CHAPTER I

GRANTING OF OPERATION PERMITS

Art. 44.- Of the granting of Operating Permits.- Any request for the granting, modification, renewal and suspension, of an operating permit presented by a national or foreign airline, will be processed after payment of the corresponding rights, value that will not be refundable.

Art. 45.- Procedure for granting an Operating Permit.- For the granting of an operating permit, The National Civil Aviation Council will adopt the following procedure:

1. Upon receipt of the applicant's documentation, The Secretariat of the National Civil Aviation Council will verify formal compliance with the requirements established according to the case..

Once the documentation has been reviewed, of finding inconsistencies, The interested party will be ordered to, within a period of ten (10) days to clarify and/or complete your request, with the observation that if it is not done within the period granted, It will be understood that you have abandoned your request and the procedure will be ordered to be filed.. Within this term, The interested party may submit any modification to its original request..

1. If the documentation presented does not have observations, the Secretariat of the National Civil Aviation Council, will request the competent areas of the General Directorate of Civil Aviation (DGAC), that within ten (10) days, the respective reports are prepared with the pertinent conclusions and recommendations.

If during the comprehensive review of the application there are observations or concerns that warrant clarification, the respective area of ​​the DGAC, will send them to the Secretariat of the Civil Aviation Council, to be notified in writing and only once to the applicant.

Those interested within a period of ten (10) days will correct the notified observations, after which the Secretariat of the Civil Aviation Council will request the respective areas that within a period of seven (7) days, the respective reports are prepared with the pertinent conclusions and recommendations. In the event that the airline does not correct what is required, The competent areas will issue their report with the elements that appear within the procedure..

In the event that national airlines require to operate from the Ecuadorian mainland to and from the Galapagos Islands, will be attached to your application, the favorable technical report of the Plenary Session of the Governing Council of the Galapagos Special Regime, in compliance with the provisions of the Sixth General Provision of the Organic Law of the Special Regime of the Province of Galapagos.

1. Simultaneously with the request for reports, The CNAC Secretariat will have, for the sole time and at the interested party's expense, the publication of an extract of the application in one of the newspapers with wide national circulation., in accordance with the format established by the CNAC, without prejudice to its publication on the institutional website.

The interested party must deliver to the CNAC Secretariat within ten (10) days, a copy of the publication.

1. Once the extract of the application has been published in one of the country's widely circulated newspapers, natural or legal persons who feel affected by the petition in process, They will have a period of ten (10) business days to submit your opposition.
2. When the respective reports are available, the Secretariat of the Civil Aviation Council, within seven (7) days, will prepare a unified report and the draft resolution for information, analysis and decision of the National Civil Aviation Council.

Art. 46.- From the opposition.- The opposition must be substantiated, with the corresponding supporting documents and will also include the identification of the legal address or electronic means for future notifications.. Oppositions that meet the requirements established in this article, will motivate the holding of the "audience of interested parties", that prior authorization from the President of the National Civil Aviation Council, will be convened by the Secretary of the Agency, informing date, time and place of execution, in which the legal representatives of the companies involved or their duly accredited representatives may intervene themselves..

The opposition applies only to applications aimed at obtaining an operation or modification permit in the case of an increase in commercial air rights., such as routes, frequencies and traffic rights.

Applications from foreign airlines from Member Countries of the Andean Community are not subject to the opposition process., requests from Ecuadorian airlines to exercise commercial air rights only within the Andean Community; the applications of airlines that intend to operate covered by border agreements signed by Ecuador and the applications of national companies aimed at obtaining an operating permit for air taxis..

Art. 47.- Of the Operation Permit Resolutions for the provision of air transportation services.- In the resolutions regarding operating permits for the provision of air transport services that are granted, depending on the case in question, will mainly be specified:

1. Authorized Service Class;
2. Term of validity;
3. Authorized air routes, with specific determination of the terminal points, as well as the intermediates, if there were, clearly indicating those that constitute commercial stops and those that are only technical stops 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 payment of compensation for damages to passengers, cargo or luggage, and to the persons or property of third parties on the surface;
6. Conditions and limitations, depending on the nature of the service or public interest;
7. The regulatory obligations that the company must comply with on a permanent and/or periodic basis;
8. The respective authorization, 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 issued, the airline must initiate the corresponding procedures before the General Directorate of Civil Aviation within a period of no more than sixty (60) days, counted from the date of notification. In exceptional and duly justified cases, This period may be extended for the same period.

Art. 49.- Notification of Agreements and Resolutions.- The Agreements and Resolutions issued by the National Civil Aviation Council are mandatory and will be notified within a period of ten (10) days from the date of issue, to interested parties, to the Director General of Civil Aviation and will be published in the Official Registry and on the institutional website.

For more clarity, You can read the full file here: REGULATION OF OPERATION PERMITS

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 Tame EP liquidation announcement, given that it is a process that takes time and where the companies themselves can oppose and also deny routes as has already happened before..

The goal here is to learn a little more about how our industry works..

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