ARC NEWS
US transportation head reminds airlines of 5G retrofit deadline
June 28, 2023
Airlines will not get an extension of their 1 July deadline to retrofit certain aircraft types with radio frequency filters that reduce the risk of 5G telecommunications interference, US transportation secretary Pete Buttigieg has said in a letter written to the leader of the trade group representing US carriers. Buttigieg notes on 23 June in the letter to Airlines for America (A4A) chief executive Nicholas Calio that while "the bulk" of the domestic commercial fleet has been retrofitted and is now equipped to operate safely amid 5G C-band telecommunications, some operators "still have work to do". The White House, he adds, for the past year has "consistently" reminded carriers that on 1 July, AT&T, Verizon and other wireless carriers will begin operating their networks at higher power levels authorised under the terms of their licenses with the Federal Communications Commission (FCC), and that the 1 July 2023 date is an extension agreed to among telecommunications companies and airlines on top of the original delay from December 2021. "As you know, this [1 July] deadline will not change, nor does the Federal Aviation Administration (FAA) have the authority to change the date," Buttigieg says in the letter. "And of course, the FAA will only allow flight operations in the national airspace that are safe." Buttigieg further warns Calio that US and foreign carriers should not risk the "unrealistic scheduling of flights" by including in their plans aircraft that they know will not have been retrofitted for the 5G environment in time for the 1 July deadline. "This means carriers should consider how many of their aircraft still need to be retrofitted when setting and adjusting schedules to avoid causing consumers to rely on an unrealistic published schedule to their detriment," Buttigieg says. On 24 June, Calio sent Buttigieg a letter in which he said that A4A airline members are committed "to doing everything within their power to deliver a safe and on-time product not only over the [US Fourth of July] holiday weekend but throughout the entire summer". Calio suggests in the letter that A4A's member carriers are not responsible for cancellations and delays caused by the maligned federal air traffic control system in the USA. "For instance, one of our A4A member carriers estimate that air traffic control (ATC)-related issues were a factor in at least one-third of recent cancellations," Calio writes to Buttigieg. "We appreciate the FAA’s acknowledgement of controller staffing challenges and would like to request a meeting to discuss how we can work together to better understand FAA’s controller staffing plan for the upcoming July 4 weekend and summer travel season." Calio in the letter to the transportation secretary – copied to acting FAA administrator Billy Nolen – makes no mention of the 1 July deadline for the 5G retrofit.


Australian court dismisses wind-up appeal against Garuda
June 28, 2023
The Supreme Court of New South Wales in Australia dismissed on 14 June a winding up application appeal against Garuda Indonesia by two special purpose vehicles linked to US lessor TrueAero. The two Ireland-based companies, Greylag Goose Leasing 1410 and Greylag Goose Lease 1446 had filed the lawsuit against Garuda in August 2022, alleging the carrier had failed to fulfil its obligations regarding aircraft lease payments. Fleet data shows that the two SPVs leased one Airbus A330-200 (MSN 1410) and one A330-300 (MSN 1446) to Garuda. Both aircraft are showing as stored at Jakarta's Soekarno-Hatta International airport. The companies now have 28 days from 14 June to file an appeal to the High Court of Australia, according to a filing by Garuda on the Indonesian Stock Exchange on 21 June. In June 2022, Garuda Indonesia received approval for its restructuring proposal of more than $9.5 billion in debt. Since then, the lessors have filed multiple lawsuits against Garuda in multiple courts including Australia, France and Indonesia. In February this year, the two entities also filed a lawsuit in an Indonesian court seeking to annul the airline's approved restructuring deal. The Indonesia carrier added that there is currently there is no application for the postponement of debt payment obligation (PKPU) or bankruptcy against the company from any other party.


S&P assigns 'A' rating to United Airlines' Class A EETCs
June 27, 2023
S&P Global Ratings has assigned its "A" issue-level rating to United Airlines' series 2023-1 Class A pass-through enhanced equipment trust certificates (EETCs). The rating on the Class A certificates is seven notches higher than its "BB-" long-term rating on United, the ratings agency says. United plans to finance 39 new already delivered aircraft with about $1.32 billion of Class A certificates. The Class A certificates have an expected final distribution date of 15 January 2036, with legal final maturity 18 months later. The transaction will be backed by 39 new Boeing 737 Max aircraft, including 22 737 Max 8s and 17 737 Max 9s.
"Our ratings on United and its debt, including our ratings on the company's existing EETCs, are unchanged," it adds.
S&P Global states: "We will assign ratings on completion of our legal and documentary review. We base our rating on the credit quality of parent United Airlines Holdings; high affirmation credit; collateral coverage afforded by new, high-quality aircraft; and the legal and structural protections available to the certificates. "The secured notes relating to each aircraft are cross-collateralised and cross-defaulted, a provision we believe increases the likelihood that United would cure any defaults and agree to perform its future obligations (including payment obligations) under the indentures in a bankruptcy. If United does file for bankruptcy, we believe there is a very high likelihood that it would successfully reorganise."


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