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In the latest development in the dispute between Gogo and American Airlines on in-flight Wi-Fi service, Gogo has filed an updated 8-K form with the SEC, asserting that it is rescinding a Gogo letter issued to American on February 12, which led to American Airlines’ taking legal action, and this now could make the legal action against Gogo moot.
Language on that 8-K form further clarifies the sequence of events which led to American Airlines’ legal action.
Gogo reports to the SEC on the 8-K form that, “On February 12, 2016, Gogo sent American a letter … seeking information relating to the system performance and functionality of the competitive technology [ViaSat], as contemplated by the provision [of the contract between Gogo and American].”
American Airlines’ immediately appealed to the court for confirmation that its original notice to Gogo was sufficient and adequate triggering a 45-day window for a counter-offer, under the provisions of the original agreement between the two parties.
Gogo has now opted to accept the original notice from American and rescind its February 12 letter, which, in effect, asked American to justify why it considered the ViaSat product superior.
Gogo asserts that by rescinding the February 12 letter, American Air’s appeal to the court is now moot.
While Gogo’s representatives have informed Skift that the company’s comments on the matter are limited to the information provided in the 8-K, Gogo confirmed that it will proceed with presenting American a competitive offer for its 2Ku technology to be considered for the 200 aircraft in question.
“American is a valued customer of Gogo, and Gogo looks forward to presenting a proposal to install 2Ku, our latest satellite technology, on the aircraft that are the subject of the AA Letter,” Gogo states in its 8-K filing to the SEC.
Gogo also confirmed that the clock is running on the 45-day period stipulated in the agreement as the window to counter-bid, starting on the date of American’s original notice on February 4.