Spirit Airlines (NK, Fort Lauderdale International) and Frontier Airlines (F9, Denver International) are objecting to the US Department of Transportation (DOT) tentatively having refused their application for slot pairs at Washington National and for having provisionally approved Alaska Airlines' application instead.

In June, the DOT issued a slot exemption proceeding notice for Washington National (DCA), calling for applications for ten slots (five slot pairs) for daily flights. Four slot pairs are designated for non-limited incumbent carriers, and one slot pair is allocated to a limited incumbent carrier.

Spirit had sought two slots for daily nonstop services to San José, US, while Frontier sought a slot pair for a daily service to San Juan Luis Muñoz Marin in Puerto Rico.

However, in October the DOT determined that Spirit does not qualify for the prerequisite of being a "limited incumbent carrier" as it did not serve Washington National as of May 16, 2024 (and still does not), while Frontier did not meet the definition of a new entrant. Instead, the DOT tentatively granted the slot exemptions to Alaska Airlines, American Airlines, Delta Air Lines, Southwest Airlines, and United Airlines.

Spirit and Frontier have urged the DOT to revise its decision. In separate regulatory filings, Spirit argues the DOT's decision contradicts the 2024 FAA Reauthorisation Act, Section 502, which mandated the allocation of 10 exemption slots to enhance nonstop travel options to beyond-perimeter airports lacking service from DCA and boost market competition. This followed President Joe Biden's 2021 Executive Order to promote competition in the US economy, directing Transportation Secretary Pete Buttigieg to improve consumer flight options and services.

In its objection, Spirit argues that Section 502 primarily benefits legacy airlines. It claims the legislation effectively guarantees that American, Delta, and Southwest would each receive two slots. Together with United and Alaska, these airlines control about 77% of the domestic market and operate 90% of the slots at DCA.

According to Spirit, on July 17, 2024, Senator Maria Cantwell, chairwoman of the Senate Commerce Committee, specified which cities should receive service in a letter to the DOT, naming San Antonio International (American), Seattle Tacoma International (Delta), Las Vegas Harry Reid (Southwest), and adding San Diego International for Alaska Airlines. Following its recent merger with Hawaiian Airlines (HA, Honolulu), Alaska has become the fifth largest domestic airline, with a nearly 8% market share, Spirit notes in its submission. Spirit argues that the DOT had two options:

  • recognise Alaska as a non-limited incumbent and award Spirit the San José route as a limited incumbent; or
  • label Alaska Airlines a limited incumbent and allocate the remaining non-limited incumbent slots to JetBlue Airways (B6, New York JFK) for Puerto Rico or United Airlines for San Francisco.

However, in a surprising move, the DOT allocated slots to United Airlines, "ensuring that low-fare carriers got shut out".

Meanwhile, Frontier argues that the DOT overstepped its authority by exempting Alaska Airlines from a non-existing statutory exclusion. It contends its disqualification stems from an incorrect legal interpretation and contradicts the DOT's previous determinations regarding Frontier's status. It also asserts that an existing codeshare partnership between American and Alaska already provides the Alaskan carrier with "meaningful access to the DCA market", and that their combined total slots at DCA "far exceed the limit of 20".

In a separate letter to Buttigieg, San José Mineta International Airport and the Silicon Valley region have also objected to DOT's provisional decision against Spirit Airlines.