JUDGE ROSS NOMINATED TO SECOND TERM

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Sept. 26, 2001 – Territorial Court Judge Edgar D. Ross has been nominated to a second six-year term by Gov. Charles W. Turnbull.
Ross has served in several government positions during his legal career. He was Attorney General during the administration of Gov. Cyril E. King. He served as General Counsel of the Territorial Court, U.S. District Court Clerk/Magistrate, and Senior Sitting Judge of the Territorial Court. He was an elected member of the 20th Legislature. A Frederiksted native, Ross holds a law degree from Howard University School of Law.
Ross's term of office ends October 9, 2001. In transmitting the nomination to the Legislature, Turnbull said, "Your prompt confirmation will allow the Court to continue to meet its busy agenda without interruption."

SONY SUES ICC OVER CABLE-TV EQUIPMENT DEBT

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Sept. 26, 2001 – Sony Broadcast Corp. has filed a lawsuit in U.S. District Court on St. Thomas against ICC-TV and its parent company, Innovative Communication Corp., claiming that ICC has failed to make payments on about $5 million in broadcast equipment purchased in May 2000.
ICC-TV, or Innovative Cable TV, was formerly known as St. Thomas-St. John Cable TV and St. Croix Cable TV.
In the lawsuit, filed Sept. 14, Sony claims that it informed ICC that it was in default in August of this year, when ICC failed to make payments of $872,967 on the equipment.
The suit asks the court to order ICC to sell the equipment in order to pay off the debt, and to make other payments to make up any deficit that may remain.
ICC, owned by St. Croix businessman Jeffrey Prosser, has not yet filed legal papers in response to the lawsuit, but Holland Redfield II, the company's vice president for corporate affairs, said it is not unusual for a large company with many subsidiaries to get sued sometimes.
ICC also is the parent company of Innovative Telephone (the former V.I. Telephone Corp. — Vitelco), four other Caribbean cable companies; Innovative Wireless; and the Virgin Islands Daily News.
"Obviously, there are sometimes lawsuits and disputes. We get sued from time to time," Redfield said. "There is a disagreement, and we'll handle it in a court of law."
He declined to comment on any specifics of the matter, as the case is in litigation. But he noted that a lawsuit against a company should not be taken as a sign that the company could be having financial problems.
"A lawsuit doesn't mean a company's in trouble," he said, adding that ICC considers the outlook optimistic for its companies and for the overall economy of the Virgin Islands.
The lawsuit, filed by Gregory Hodges of the Dudley, Topper and Feuerzeig law firm, states that Sony entered into an agreement in May 2000 to sell ICC-TV two television production suites and two remote broadcast vans for about $5.1 million. The agreement was later modified to drop one of the vans and add a cancellation charge for that order, the suit states.
The agreement stipulated that Sony would hold a security interest in the equipment that was sold to ICC-TV, according to the lawsuit. ICC's failure to pay the principal owed on the equipment plus interest and other costs constitutes a default, Sony claims in its suit.
Redfield noted that any dispute has at least two sides to it, and that ICC had not had a chance to make a legal response to Sony's claims.

SONY SUES ICC OVER CABLE-TV EQUIPMENT DEBT

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Sept. 26, 2001 – Sony Broadcast Corp. has filed a lawsuit in U.S. District Court on St. Thomas against ICC-TV and its parent company, Innovative Communication Corp., claiming that ICC has failed to make payments on about $5 million in broadcast equipment purchased in May 2000.
ICC-TV, or Innovative Cable TV, was formerly known as St. Thomas-St. John Cable TV and St. Croix Cable TV.
In the lawsuit, filed Sept. 14, Sony claims that it informed ICC that it was in default in August of this year, when ICC failed to make payments of $872,967 on the equipment.
The suit asks the court to order ICC to sell the equipment in order to pay off the debt, and to make other payments to make up any deficit that may remain.
ICC, owned by St. Croix businessman Jeffrey Prosser, has not yet filed legal papers in response to the lawsuit, but Holland Redfield II, the company's vice president for corporate affairs, said it is not unusual for a large company with many subsidiaries to get sued sometimes.
ICC also is the parent company of Innovative Telephone (the former V.I. Telephone Corp. — Vitelco), four other Caribbean cable companies; Innovative Wireless; and the Virgin Islands Daily News.
"Obviously, there are sometimes lawsuits and disputes. We get sued from time to time," Redfield said. "There is a disagreement, and we'll handle it in a court of law."
He declined to comment on any specifics of the matter, as the case is in litigation. But he noted that a lawsuit against a company should not be taken as a sign that the company could be having financial problems.
"A lawsuit doesn't mean a company's in trouble," he said, adding that ICC considers the outlook optimistic for its companies and for the overall economy of the Virgin Islands.
The lawsuit, filed by Gregory Hodges of the Dudley, Topper and Feuerzeig law firm, states that Sony entered into an agreement in May 2000 to sell ICC-TV two television production suites and two remote broadcast vans for about $5.1 million. The agreement was later modified to drop one of the vans and add a cancellation charge for that order, the suit states.
The agreement stipulated that Sony would hold a security interest in the equipment that was sold to ICC-TV, according to the lawsuit. ICC's failure to pay the principal owed on the equipment plus interest and other costs constitutes a default, Sony claims in its suit.
Redfield noted that any dispute has at least two sides to it, and that ICC had not had a chance to make a legal response to Sony's claims.

SENATE LEAVES GOVERNOR'S CDBG GRANTS INTACT

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Sept. 26, 2001 – After vowing at a Sept. 10 meeting to reject the governor's proposed allocation of nearly $2.2 million in 2001 federal Community Development Block Grant funds and to reprogram the distribution themselves, the Senate passed the grants in their original form Tuesday in the second day of its Fiscal Year 2002 budget session.
At the previous meeting, some senators had disagreed sharply with the allocations the CDBG commission had made.
The largest proposed grant — $220,000 to rehabilitate a Frenchtown fishing facility — had been hotly denounced by Sens. Norma Pickard-Samuel and Celestino A. White Sr., who pointed out that only $40,850 was proposed for renovation of the American Legion facility on St. Thomas. The two vowed it wouldn't pass, accusing St. Thomas-Water Island Administrator Louis Hill, who presented the project, of putting it ahead of worthy, faith-based projects. Both senators were absent for the vote on the bill Tuesday.
The Frenchtown project, part on an overall waterfront enhancement plan, is to build a covered pavilion fronted by palm trees and containing two public restrooms.
Governmental and non-governmental agencies this year requested a total of $13.4 million for projects; the CDBG commission awarded $2.189 million. The commission, which is within the Planning and Natural Resources Department, reviews grant application projects each year and sends its recommendations to the governor, who reviews the submissions and then forwards them with his recommendations to the Legislature.
The recommended grants were presented late, which some senators took issue with at the Sept. 10 meeting. The annual deadline for submitting grant proposals to the U.S. Department of Housing and Urban Development is July 31. For the third year in a row, the territory missed the deadline and had to ask HUD for an extension. Gov. Charles W. Turnbull received an extension to Sept. 30 this year.
The grant amounts are equally divided between the two districts. By island, they are:
– St. Thomas, 18 proposals — $803,950
– St. John, 5 proposals — $71,650
– St. Croix, 14 proposals — $875,600
In addition, $437,800 was proposed for the territory's administration of the CDBG program, bringing the total to $2,189,000.
The senators took a number of recesses in Tuesday afternoon's session where they hastily drafted amendments quicky reprogramming the grant money. However, they ultimately voted to accept the bill in its original form in fear that the last minute changes could break federal rules that earmark certain percentages for construction, public service projects and administration expenses.
The bill passed 11–2 with Sens. White and Pickard-Samuel absent for the vote. Sens. Emmett Hansen II and Adelbert Bryan voted against.
For a complete listing of all the grants, see "Governor seeks CDBG funds for 37 projects".

VETO OVERRIDES ADD $2.8M TO RECORD BUDGET

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Sept. 26, 2001 – The 24th Legislature completed its $551 million Fiscal Year 2002 budget session Tuesday night, in the process overriding the governor's line-item vetoes of nearly $2.8 million in appropriations in the FY 2001 supplemental appropriations bill.
When they went into their overrides, the senators approved an Internet gambling bill but didn't touch Turnbull's veto of video lottery terminals in the territory.
Included in the overrides was an amendment brought back to the floor by Sen. Donald "Ducks" Cole raising the cap on senators' pensions from 65 percent to 75 percent of their salaries at time of retirement. It also provides for senators retired from government service to receive their annuities while still in office. Only Sen. Adlah "Foncie" Donastorg opposed the override.
The amendment was attached to a bill to greatly expand the power of the Government Employees Retirement System board, giving it the authority to issue bonds and sell or mortgage its properties. Turnbull opposed the measure as giving too much power to the board, but the GERS board chair, Carver Farrow, was wholeheartedly in favor of it, according to a letter he wrote to Cole.
Farrow told Cole the GERS had been forced to dip into high-yielding investments to pay retirees. "Such an exercise is neither responsible nor financially prudent," he wrote.
Press releases distributed by the legislature's media services office did not mention the override raising the cap on senators' retirement benefits.
The senators also granted themselves a $16 million legislative branch appropriation for FY 2002, over the objections of Sen. Lorraine Berry, who said it was the highest ever. Senate President Almando "Rocky" Liburd disagreed. Both cited past budgets backing up their opinions. Vote on the budget was 14-1, with Sen. David Jones absent for the vote.
The lawmakers also passed the 2002 Omnibus Bill by a narrow vote of 8-7, with eight of the nine majority members approving and majority member Adelbert Bryan voting no. Sen. Vargrave Richards expressed the opinion of most of his minority colleagues when he said, "There are certain sections that are critical and so contrary to my thinking that I could not vote for it."
The bill, about one-eighth the size of the massive Omnibus Act of 2001 sent down by the 23rd Legislature, includes:
– $4 million for television advertising to promote the territory.
– $1 million to hire 50 police officers and $80,000 to hire a police psychologist.
– $1 million to purchase 75 police vehicles, to be divided equally between the territory's two districts.
It also contains a provision hiking senators' pay to keep it commensurate with commissioners' salaries, should they get raises, and a number of territorywide capital improvement projects.
Sen. Celestino A. White Sr. made the successful the motion to override the governor's vetoes of a number of items in the multimillion-dollar FY 2001 appropriations bill. The senators voted 11-2 to override vetoes of appropriating $700,000 to the Water and Power Authority to relocate potable-water lines to Estate Great Pond on St. Croix, $250,000 to build bleachers at the St. Croix Motor Sports Complex, $100,000 to the V.I. Track and Field Association, and $150,000 to the V. I. Tennis Association for travel, equipment and tournaments.
Also on the list of overrides was $100,000 to the V.I. Agriculture Department to establish a stray-animal disposal program to slaughter cattle, goats and sheep and distribute the meat at no cost to government agencies and low-income families; $500,000 to the GERS for early retirement of hazardous-duty employees of the Public Works and Health Departments; $200,000 to Water Bay Condominiums Association on St. Croix to repair units and correct flooding problems; $225,000 to the Labor Department to establish a Youth Resources and Entrepreneurship Center on St. Croix; and $8,800 to the Education Department for electrical installation services.
The senators also passed the remaining budget bills and resolutions left over from Monday's session:
– $2.6 million for the Territorial Court Public Defender.
– $24.2 million for the Territorial Court.
– A resolution naming a portion of a scenic road on St. Croix's east end the Paraxedes Nieves Ridge Road.
– A resolution naming the Coral Bay fire station on St. John for the late Hugo Otis Liburd.
Also passed was a measure providing that funds appropriated to the Government Development Bank to establish a micro-credit loan program may not be commingled with any other government loan program funds, and that the loan program may provide unsecured loans at an interest rate not to exceed 5 percent. It was passed 11-4, with four absent.
Sens. Liburd, Jones and Emmet Hansen II expressed strong approval for the measure. Hansen called it an "excellent piece of legislation." Jones agreed, saying the bill would stimulate the V.I. economy, and Liburd said, "If it will assist the Government Development Bank, it definitely has my full support."
The Senate is scheduled to meet in special session at 10 a.m. Friday. The governor called the session for the lawmakers to consider the government employees' new group health plan, which did not arrive in the Senate chambers until almost noon Tuesday. The contract must be approved before Sept. 30, when the old contract expires.

CONFERENCE ON RACISM HAD WRONG FOCUS

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Dear Source,
I am in total disagreement with Dr. Iris Kern as regards the "conference" on racism. While I cannot but agree that racism remains one of our most serious problems (and the attacks on Muslim children in America last week show that this evil is alive and well), the agenda and actions of the Durban conference were almost as heinous.
The anti-Jewish focus of many of the delegate states (some of whom still condone slavery) made the entire event an exercise in hypocrisy. There is much that needs to be done for the black people of this world, and for others, too: the Australian aborigine, the Eskimos of Canada and Alaska, and the American Indian, to name just a few.
To focus on the grievances of one particular group was totally wrong. The
United States was correct in not sending a top delegation to this meeting.
And I, for one, am getting a bit sick and tired of some of the rhetoric of race here in the territory and the nation. Black leaders should recall that one hundred and thirty years ago Asians were targeted for equal or greater discrimination than blacks. Do we recall the "Yellow Peril" rhetoric of the times? The overt discrimination against the "heathen Chinee?" Even the concentration camps of the 1940's?
And today, substantial numbers of our best and brightest college students and young professionals are of Asiatic descent. How did this happen? Their culture, unlike the African-American one, provides for a tightly unified family structure, for a tremendous work ethic, and for a respect and almost reverence for education.
Looking around the Virgin Islands I see none of this. I see illegitimate children born to young teen-age girls. I see a dependency on "the gumment" for everything in life. I see ill-educated young people with no future.
Iris Kern has a good education, and I believe at least an intellectual understanding of what I have said.
Martin Ludington
St. Croix

Editor's note: We welcome and encourage readers to keep the dialogue going by responding to Source commentary. Letters should be e-mailed with name and place of residence to source@viaccess.net.

RESPONSE TO KERN'S OPINIONS AND RADIO SHOW

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Dear Source,
After reading both the news article regarding the termination of Iris Kern's show, and her Open Forum piece about it, I am concerned that Kern is trying to paint the station owner with too broad a brush. While I heartily endorse, and actively defend, the First Amendment and what it represents to our citizenry, I feel it is also only reasonable to point out that the same applies to the owner of the station. He too has the right to express himself, through his selection of on-air material and personalities. It is, after all, his station.
If a station owner feels that a certain show or its host is not putting forth the message that he wishes his station to promulgate, then he has every right to change it. By owning the station and maintaining it, he has earned the privilege of deciding what the message of the station is going to be…just as Kern has the right to state her position or ask her questions.
Kern, however, is subject to the approval of the station management as long as she is utilizing their offices to propound her views. If she wishes to express views contrary to those of the station, she has every right to get her own station where she can say whatever she wishes, within the guidelines of federal law.
Kern is right when she says that there is a broad sense of outrage over the attack on the World Trade Center, and a widespread desire for "vengeance." The people of any country, or the adherents of any doctrine, do not operate differently from any other member of the animal kingdom when they are attacked. Those who feel that they are equal or better than their attackers will meet aggression with aggression, and those who feel inferior to their aggressors will respond with submission. It is not surprising that the citizens of the United States seek an aggressive response to these heinous acts of aggression. No nation that has the power and influence of the United States can afford to allow an attack such as this to go unanswered and unpunished. For centuries, this country has come to the aid of peoples oppressed by criminals, dictators and tyrants. We can do no less when we are the target than we would if it were another country. These acts must be met with the severest possible punishment. And by 'severest possible punishment' I don't mean that, as Kern said, "whoever did this must be found and put away forever". Nor do I think we should "confront our enemies with strength and with kindness", either. Quite the contrary. There can be no kindness or mercy shown to these madmen.
Those responsible for these outrageous and inhuman acts must be eradicated as completely and as swiftly as possible. We as a country cannot allow these monsters to remain alive and at large any more than we would suffer a rabid dog to run at large or a wildfire to burn uncontrolled. Rabid animals. wildfires, terrorists…all represent a clear and immediate menace to life and security that cannot and must not be negotiated with. I am frankly amazed that Kern would, in one breath, decry the "…'slap on the wrist' sentencing for perpetrators of statutory rape…" and with the next breath ask that we not seek vengeance for an act of war. Our country has been violated – raped, if you will, by these acts. We owe it to ourselves and to all the rest of the human race to take every action required to eliminate terrorists and their allies wherever we encounter them. The violation of the Pentagon and the World Trade Center are only the latest acts in a long and bloody assault on freedom and peace. It merits far, far more than a slap on the wrist.
Rich Waugh
St. Croix

Editor's note: We welcome and encourage readers to keep the dialogue going by responding to Source commentary. Letters should be e-mailed with name and place of residence to source@viaccess.net.

RESPONSE TO KERN'S OPINIONS AND RADIO SHOW

0
Dear Source,
After reading both the news article regarding the termination of Kern's show, and her Open Forum piece about it, I am concerned that Kern is trying to paint the station owner with too broad a brush. While I heartily endorse, and actively defend, the First Amendment and what it represents to our citizenry, I feel it is also only reasonable to point out that the same applies to the owner of the station. He too has the right to express himself, through his selection of on-air material and personalities. It is, after all, his station.
If a station owner feels that a certain show or its host is not putting forth the message that he wishes his station to promulgate, then he has every right to change it. By owning the station and maintaining it, he has earned the privilege of deciding what the message of the station is going to be…just as Kern has the right to state her position or ask her questions.
Kern, however, is subject to the approval of the station management as long as she is utilizing their offices to propound her views. If she wishes to express views contrary to those of the station, she has every right to get her own station where she can say whatever she wishes, within the guidelines of federal law.
Kern is right when she says that there is a broad sense of outrage over the attack on the World Trade Center, and a widespread desire for "vengeance." The people of any country, or the adherents of any doctrine, do not operate differently from any other member of the animal kingdom when they are attacked. Those who feel that they are equal or better than their attackers will meet aggression with aggression, and those who feel inferior to their aggressors will respond with submission. It is not surprising that the citizens of the United States seek an aggressive response to these heinous acts of aggression. No nation that has the power and influence of the United States can afford to allow an attack such as this to go unanswered and unpunished. For centuries, this country has come to the aid of peoples oppressed by criminals, dictators and tyrants. We can do no less when we are the target than we would if it were another country. These acts must be met with the severest possible punishment. And by 'severest possible punishment' I don't mean that, as Kern said, "whoever did this must be found and put away forever". Nor do I think we should "confront our enemies with strength and with kindness", either. Quite the contrary. There can be no kindness or mercy shown to these madmen.
Those responsible for these outrageous and inhuman acts must be eradicated as completely and as swiftly as possible. We as a country cannot allow these monsters to remain alive and at large any more than we would suffer a rabid dog to run at large or a wildfire to burn uncontrolled. Rabid animals. wildfires, terrorists…all represent a clear and immediate menace to life and security that cannot and must not be negotiated with. I am frankly amazed that Kern would, in one breath, decry the "…'slap on the wrist' sentencing for perpetrators of statutory rape…" and with the next breath ask that we not seek vengeance for an act of war. Our country has been violated – raped, if you will, by these acts. We owe it to ourselves and to all the rest of the human race to take every action required to eliminate terrorists and their allies wherever we encounter them. The violation of the Pentagon and the World Trade Center are only the latest acts in a long and bloody assault on freedom and peace. It merits far, far more than a slap on the wrist.
Rich Waugh
St. Croix

Editor's note: We welcome and encourage readers to keep the dialogue going by responding to Source commentary. Letters should be e-mailed with name and place of residence to source@viaccess.net.

DIVI CASINO ROLLS DICE ON EXPANSION PLANS

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Sept. 26, 2001 — Even with economic uncertainty looming over the nation, the owners of the Divi Carina Bay Casino are moving ahead with expansion plans.
Bernie Burkholder, president and CEO of Treasure Bay V.I. Corp., the company that operates St. Croix's only casino, said Tuesday that the expansion will add 5,400 square feet to the facility's current 10,000 square feet. This will allow for 91 more slot machines and seven gaming tables, he said. The casino now has about 300 slot machines, 10 blackjack tables, two roulette tables and one craps table.
He said the expansion also will add 25 to 30 new casino jobs to the existing 150.
Burkholder said the project will generate about 75 jobs during construction, which is set to begin in mid-October. The opening is set for mid-February.
Burkholder's announcement was tempered by the recent terrorist attacks that have left thousands dead and the already shaky U.S. economy even shakier. Still, Burkholder said he is confident in the economy both in the territory and on the mainland.
While "the economy in the U.S. and the world is not at its peak," he said, "I believe in our economy long term, and I believe in the spirit of the American people."
Because most of the casino’s business is still being generated by local players and because the attacks occurred in the territory's off-season, Burkholder said that the direct impact isn't as great as it has been in some other casino gaming areas. He said business is off about 15 percent from last year.
But at Treasure Bay's other Caribbean casino, in Aruba, business is down about 60 percent, he said.
Because of the expected impact of fewer travelers from the U.S. mainland and Canada, Burkholder said, he has decided to forgo a "multimillion-dollar" advertising program in those markets. "I don't believe that plan is viable now," he said.
Instead, the effort to attract gamblers will shift to St. Thomas, St. John, Puerto Rico and other Caribbean islands.
The V.I. Casino Control Commission chair, Eileen Petersen, said she approved of the expansion. "I'm pleased Divi has decided to proceed with its expansion plans," she said. But meantime, she added, the events of the last two weeks have raised questions over two pending casino applications.
Petersen said she is in constant touch with the two prospective casino investors and will meet soon with one to gauge his willingness to proceed.
"This has really been a setback of some sort," she said.
Burkholder said the Divi casino expansion also will include a larger cashier cage, additional restrooms, a second beverage station and 200 parking places. There will be a new dining room, entrance and restrooms for employees and additional offices.
Burkholder declined to put a price on the expansion, saying that negotiations with subcontractors are still in progress.
"I think it's important to have some positive news," he said. "It's not a huge step, but it's a sign, a step to reinvest back into St. Croix."

HELP URGED FOR AIRLINE WORKERS, SMALL CARRIERS

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Sept. 26, 2001 — In addition to the $15 billion bailout to the U.S. airline industry following the Sept. 11 terrorist attacks, congressional Democrats are trying to move legislation to help airline employees who will be affected, as well as to limit economic damage to small carriers.
At a press conference Tuesday in Washington, D.C., Delegate Donna Christian Christensen joined fellow Democrats in supporting legislation to provide financial assistance, training and health-care coverage for airline industry employees who have lost their jobs as a result of the events of Sept. 11.
"This package should not stop here," Christensen said at a press conference. "I want to go even further and urge the leadership in both houses of Congress to immediately pass legislation to provide relief, not just to displaced airline employees but to all workers similarly affected."
Christensen said she will continue to work with fellow Democrats to see that small tourism businesses and laid-off tourism workers also receive benefits.
The airline industry emergency-aid package that President George W. Bush signed into law on Saturday provides $5 billion in direct federal aid and $10 billion in loan guarantees for an industry that has announced tens of thousands of layoffs since the terrorist attacks. Christensen said she supports that move but also has joined fellow Democrats in seeking relief for others affected within the tourism industry.
In support of the Virgin Islands tourism industry in particular, Christensen wrote to the House Transportation and Infrastructure Committee chair, Rep. Don Young, supporting the stand of the House Rural Caucus that small and rural airports should not be bypassed by the airlines in the wake of the tragedy. She also requested aid for travel agents and small carriers such as the territory's Seaborne Airlines.
"We in the Rural Caucus were successful in ensuring that the airlines would maintain service to small airports that they served before Sept. 11," Christensen said in a release, "and I am hopeful that Seaborne, the Virgin Islands' only local airline, will be able to seek redress under the airline bill."
Aviation experts have said the bailout of the airline industry, which has laid off about 100,000 workers in the past two weeks, would not ensure survival of all carriers if ticket sales remain slow.
Of the $5 billion in cash, more than half will go to the top five carriers, which control about 70 percent of available U.S. capacity. Smaller airlines — Alaska Air was cited as an example — would get a total of about $75 million.
The airline industry bailout package requires airlines to maintain routes to airports they served before Sept. 11. It also directs the Secretary of Transportation to ensure that the airlines maintain adequate service to small communities. However, it does not stipulate how such provisions will be enforced.
Continental Express, for example, has already announced that it will no longer fly to the Texas communities of Tyler, Waco, Abilene and San Angelo beginning in October, and it has reduced flights to other Texas airports, according to the Houston Chronicle.
Decisions on which of Continental's flights were curtailed and which airports were cut were based on market factors, Continental spokesman Jeff Awalt said.
US Airways has stopped regional jet service to Charleston, S.C., and had brought small turboprop planes back into service.
The real stimulus for regional airports must come through passenger demand, Texas Rep. Nick Lampson said. Since airlines were deregulated in 1978, many flights to small airports have been cut, and the cost of tickets on the remaining ones have increased enormously, Sen. Robert Byrd, D-W.Va., said.