Why have protocol if it is not to be followed? Using your logic there should be no laws in this country. You can not play within the laws then tuff tiffy.
As for a quasi monopoly. JB is more than welcome to purchase gates at ORD as they become available from those that purchased them in the first place. Your form of thinking is directly akin to taking food off the table of someone that has bought their own dinner and giving it to those that can not afford to feed themselves. Are things so bad at JB that they are becoming a welfare-air?
Actually, you should read the whole docket in order to understand what is going on. I'll try to summarize for you, but the whole docket is available.
First, the FAA enacted the current sloting system on a temporary basis. They did so expecting a permanent solution by now. It has been extended several times and currently is set to expire on October 31, 2006. Now, because of the temporary nature of the current system, it lacks several key features of most slot programs. #1, awarded slots can not be sold or leased to other carriers. They can only be traded, ie 1pm slot can be traded for a 5 pm slot, but no monetary consideration may be exchanged. #2, there is no use-or-lose provision as is common in slot control porgrams.
The next thing to happen was on August 29, 2006 when the FAA finalized the final rule. Under the final rule, to take effect on November 1st, carrier may sell, lease or buy, rent slots to/from other carriers. So the FAA recognized that a carrier currently holding unused slots would be encouraged to wait for November 1st at which time they could sell/lease their slots.
So, on September 22, the FAA proposed to allow carriers to sell unused slots in the interim and ask for comments prior to September 29th. Enter Independence Air, they have 10 slots at ORD. Since there is no use or lose provision, they still possess those slots and I'm sure the creditors would like to get some money for them. So they enter comments favoring the proposed change. AA and the city of Chicago also enter comments supporting the change. UAL generally supported the change, but had some 'suggestions'. They also requested that the final decision be made by 10/6/2006, to allow time for leases/sales to be negotiated.
Sometime after that, UA and AA see the filings by Independence and JetBlue and smell a rat, or more accurately they fear they may have been outsmarted. AA files a motion to request leave to file comments in response to Indy's filing, while UA questions JB request.
The above are the facts as near as I could tell from the docket. Note,I'm not a lawyer and I didn't even sleep in a Holiday Inn Express last night.
The rest is my opinion. I think Indy and JB probably already have a deal to sell the slots. JetBlue's filing is a contigency filing. If the FAA decides not to allow the sales of slots prior to Nov 1st and then subsequently takes the Indy slots due to the 'new' use-or-lose provision, JB would be in a position to get those unused slots, as UAL proposed in their filing to JB's filing.
It sounds like JB has all their bases covered.
BTW, I think it is a priceless irony that the Indy slots may be JB's entry into ORD. Even in death, FLYi is still haunting UAL, or I mean UAUA.