Decision No. 522-AT-A-2000

August 9, 2000

August 9, 2000

APPLICATION by Elliott Richman pursuant to subsection 172(1) of the Canada Transportation Act, S.C., 1996, c. 10, regarding the absence of a TTY (telephone-teletype device for persons who are deaf or hard of hearing) reservation number in an advertisement published by Deutsche Lufthansa Aktiengesellschaft doing business as Lufthansa German Airlines, in the December 1999 issue of The Globe and Mail's Report on Business.

File No. U 3570/99-59


APPLICATION

On November 26, 1999, Elliott Richman filed with the Canadian Transportation Agency (hereinafter the Agency) the application set out in the title.

ISSUE

The issue to be addressed is whether the absence of a TTY reservation number in the advertisement published by Deutsche Lufthansa Aktiengesellschaft doing business as Lufthansa German Airlines (hereinafter Lufthansa), constituted an undue obstacle to Mr. Richman's mobility and, if so, what corrective measures should be taken.

FACTS

Mr. Richman is deaf and uses a TTY to communicate by telephone. While reading an advertisement in the December 1999 issue of The Globe and Mail's Report on Business Magazine, Mr. Richman noticed a regular telephone reservation number but no equivalent TTY number.

Mr. Richman had previously filed a similar complaint against Lufthansa in April of 1999. At that time, Lufthansa did not have TTY capabilities. Consequently, the Agency made a determination that there was an undue obstacle and issued Decision No. 487-AT-A-1999 on August 17, 1999, directing Lufthansa to complete the installation of a TTY reservation line within sixty (60) days from the date of the Decision. Moreover, Lufthansa was required to ensure that its TTY number is posted on its Web site, and included in all seat sale advertisements and in all publications, as they are reprinted, providing information on the carrier that is otherwise available to the general public.

At the time of the filing of the present application, the Agency was in the process of reviewing the measures taken by Lufthansa to meet the requirements of the above-mentioned Decision. Therefore, in order to avoid duplicity of proceedings and pursuant to section 34 of the National Transportation Agency General Rules, SOR/88-23, the Agency issued Decision No. LET-AT-A-40-2000 on February 7, 2000, adjourning proceedings in the present application pending the outcome of its monitoring activities to ensure Lufthansa's compliance with Decision No. 487-AT-A-1999.

On May 9, 2000, the Agency issued Decision No. 324-AT-A-2000 wherein it determined that Lufthansa had met the requirements of Decision No. 487-AT-A-1999 dated August 17, 1999. In light of the corrective measures taken by Lufthansa, the Agency did not contemplate further action in the matter.

ANALYSIS AND FINDINGS

The Agency has considered this application and notes that the concerns raised by Mr. Richman have already been dealt with by the Agency in Decision No. 487-AT-A-1999 dated August 17, 1999. Further, the Agency notes that the remedy sought by Mr. Richman has already been implemented by the air carrier as set out in the Agency's Decision No. 324-AT-A-2000 dated May 9, 2000.

Consequently, the Agency finds this application to be moot as a decision on the merit of the application will have no practical effect on the rights of the parties.

CONCLUSION

Based on the above findings, the Agency hereby dismisses the application.

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