This consent order concerns unauthorized air service provided by Simmons Air, Inc. (Simmons), a company without economic operating authority from the Department under
49 U.S.C. § 41101. Section 41101 requires that an air carrier may only offer and provide service once it has received certificate authority from the Department or operates under an exemption from that provision.’ The holding-out or operating of air service without economic authority, in addition to violating the requirements of 49 U.S.C. § 41101, constitutes an unfair and deceptive trade practice as defined in 49 U.S.C. $ 41712. This order directs Simmons to cease and desist from further similar violations and assesses a compromise civil penalty of $15,000.