Southwest may have ally on repeal of Wright amendment
11:06 PM CDT on Tuesday, April 19, 2005
By ROBERT DODGE and VIKAS BAJAJ / The Dallas Morning News
Republican Sen. John Ensign of Nevada said Tuesday that he plans to introduce legislation that would eliminate some or all of the Wright amendment flight restrictions at Dallas Love Field.
Mr. Ensign said he's still in a fact-finding mode, specific provisions in the bill were still coming together and he didn't yet have a timetable for his proposal.
But the Senate Aviation Subcommittee member said in an interview with The Dallas Morning News: "It basically would be a repeal of the Wright amendment."
Dallas-based Southwest Airlines Co. has been lobbying Congress in recent months to lift the restrictions, which limit the carrier to short-haul flights from the airport.
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"It just seems anti-free market to me not to allow them to fly to certain states," said Mr. Ensign. "I am a free-market person. If you look at our airport in Las Vegas, it is come one, come all, and whoever can compete, can compete."
Beth Harbin, a spokeswoman for Southwest, said Mr. Ensign's plans show the airline is gaining momentum.
"The level of media attention and letters to the editors tells us that it's getting some traction and people are understanding the issue, which is wonderful," she said.
Officials at American Airlines Inc. and Dallas/Fort Worth International Airport, which oppose changing the rules, said Mr. Ensign's comments don't necessarily indicate Southwest has gained the upper hand.
"It wouldn't be unexpected for a congressperson to introduce a bill, and it wouldn't truly change what we are doing," said American spokesman Tim Wagner.
"With 500-plus elected officials there, we expected that Southwest might find one to introduce legislation."
Jeff Fegan, chief executive at D/FW Airport, noted that legislation has yet to be introduced and that both sides continue to press their cases with lawmakers.
"I am not sure any momentum is being gained by one side or the other," Mr. Fegan said. "We are certainly trying to educate congressmen and senators on the need to keep the Wright amendment."
The law, enacted in 1979 to protect D/FW from competition, limits standard commercial jets flying from Love Field to Texas' adjoining states.
In November, Southwest sparked a fevered regional debate by dropping its long-standing neutrality on the law. Southwest asserts the law is anti-competitive and inflates airfares.
The introduction of legislation does not guarantee its approval or even that Senate leaders would allow a vote.
Gaining traction
But some aviation lobbyists said it does show that months of behind-the-scenes lobbying by Southwest executives may be gaining traction.
Ed Faberman, executive director of the Air Carrier Association of America, said repealing the Wright amendment has appeal because lawmakers want to encourage service by discount airlines.
He said the financial troubles of the legacy airlines are giving the effort some lift.
"There seems to be less opposition to this than there ever has been in the past," said Mr. Faberman, whose trade group represents discount carriers.
Mr. Ensign's state, Nevada, could benefit from additional air service, especially to such leisure destinations as Las Vegas and Reno.
Southwest already is the largest carrier serving Las Vegas, and its 36 percent market share is more than double that of its next-largest competitor, America West Airlines Inc.
According to the Center for Responsive Politics, which compiles federal campaign data, Mr. Ensign receives no significant contributions from airlines.
But he did receive $436,499 during the 1999-2004 Senate election cycle from casino and gambling interests, which would benefit from greater air service to Nevada.
Mr. Ensign said it was too early to line up Senate co-sponsors. But aviation experts said he needs support from key Senate Republicans to prevail over the considerable lobbying heft of American and probable opposition from Texas' two Republican senators.
Spokesmen for Sens. Kay Bailey Hutchison and John Cornyn said they remain committed to maintaining the Wright amendment.
Sen. Trent Lott
Sen. Trent Lott, R-Miss., a key player on the Aviation Subcommittee of the Senate Commerce, Science and Transportation Committee, will probably support repealing the law.
In 1997, the Wright law was amended to allow flights between Love Field and Mr. Lott's Mississippi, as well as Kansas and Alabama.
"I want to make sure we don't do any damage, but I certainly do not understand why we had the Wright amendment in the first place," he said. Mr. Lott said he has made no commitment but is inclined to support a repeal.
Other key players are likely to be Sen. John McCain, R-Ariz., also a member of the commerce committee, and Senate Majority Leader Bill Frist.
Mr. McCain said he has not made a decision about the issue but noted that he has "always been deregulatory. But it is a complicated issue."
Robert Stevenson, a spokesman for Mr. Frist, said the Tennessee Republican leader is interested in the issue and is soliciting input from both sides.
"He is listening to everybody," said Mr. Stevenson, adding: "He would want to do what is best for Tennessee."
Last year, a proposal by nine Tennessee House members to allow flights from Love Field to that state's airports was introduced by Rep. Marsha Blackburn, R-Tenn.
The bill died in the House, but it sparked discussions between local Tennessee civic leaders and airlines including American about increasing service and cutting fares.
Ryan Loskarn, a spokesman for Ms. Blackburn, said she is waiting to see whether the talks with local officials produce sufficient new air service and lower airfares in Nashville before deciding whether to reintroduce the legislation.
"If we get to a point where nothing happens, then we might take further steps," Mr. Loskarn said.