Discussion

Transferor holds a certificate granted by Decision (D.) 01-06-064 to operate as an on-call PSC to transport passengers and their baggage between points in Alameda, Santa Clara, and San Mateo Counties, on the one hand, and San Francisco International (SFO), Oakland International (OAK), and San Jose International (SJC) Airports, on the other hand. The application requests approval to transfer certificate PSC-14204 to Transferees. Transferor is moving out of state for a career change.

The proposed transaction is described in the Purchase and Sale Agreement attached to the application. Transferees have agreed to purchase the certificate for $19,000. Transferees advise they have the knowledge and ability to assume operation of Transferor's PSC business. They have varied employment experience in the retail and service sectors. Dontchev's experience includes four years as a driver for an airport shuttle operator. Transferees were issued a charter-party carrier permit (TCP 23112-P) by the Commission in January 2008. They will conduct the service with two 7-passenger vans. Transferees' unaudited balance sheet discloses assets of $24,500, liabilities of $700, and net worth of $23,800.

Notice of filing of the application appeared in the Commission's Daily Calendar on September 8, 2008.

In Resolution ALJ 176-3221 dated September 18, 2008, the Commission preliminarily categorized this application as ratesetting, and preliminarily determined that hearings were not necessary. No protest has been received. Given this status, public hearing is not necessary, and it is not necessary to alter the preliminary determinations made in Resolution ALJ 176-3221.

This is an uncontested matter in which the decision grants the relief requested. Accordingly, pursuant to Pub. Util. Code § 311(g)(2), the otherwise applicable 30-day period for public review and comment is being waived.

Assignment of Proceeding

Richard Clark is the assigned Examiner in this proceeding.

Findings of Fact

1. Transferor holds a PSC certificate granted by D.01-06-064.

2. Transferor requests approval to transfer certificate PSC-14204 to Transferees.

3. The proposed transfer will not be adverse to the public interest.

4. No protest to the application has been filed.

5. A public hearing is not necessary.

6. It can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.

Conclusions of Law

1. The proposed transfer is in the public interest and should be authorized.

2. Since the matter is uncontested, the decision should be effective on the date it is signed.

ORDER

IT IS ORDERED that:

1. Within 120 days from the effective date of this decision, Bhupinder Pal Singh, an individual, may transfer the operative rights specified in this application to Milen Dotchkov Dontchev and Maria Roumenova Djapounova (Transferees), a partnership, subject to the conditions contained in the following paragraphs.

2. Transferees shall:

a. File a written acceptance of this certificate within 30 days after this decision is effective.

b. Establish the authorized service within 120 days after this decision is effective, adopt Transferor's tariffs and timetables or issue new tariffs and timetables, state in them when the service will start, make them effective 10 or more days after this decision is effective and allow at least 10 days' notice to the Commission.

c. Comply with General Orders Series 101 and 158, and the California Highway Patrol (CHP) safety rules.

d. Comply with the controlled substance and alcohol testing certification program pursuant to Pub. Util. Code § 1032.1 and General Order Series 158.

e. Remit to the Commission the Transportation Reimbursement Fee required by Pub. Util. Code § 423 when notified by mail to do so.

f. Comply with Pub. Util. Code §§ 460.7 and 1043, relating to the Workers' Compensation laws of this state.

g. Enroll all drivers in the pull notice system as required by Vehicle Code § 1808.1.

h. Transferees are authorized to begin operations on the date that the Consumer Protection and Safety Division mails a notice to Transferees that their evidence of insurance and other documents required by Ordering Paragraph 2 have been filed with the Commission and that the CHP has approved the use of Transferees' vehicles for service.

3. The certificate of public convenience and necessity (CPCN) granted to Transferor by D. 01-06-064 is revoked on the date Transferees are notified that they may commence operations as provided in Ordering Paragraph 3.

4. Before beginning service to any airport, Transferees shall notify the airport's governing body. Transferees shall not operate into or on airport property without authority from the airport's governing body.

5. The CPCN to operate as PSC-23112, granted herein, shall expire unless exercised within 120 days after the effective date of this decision.

6. The Application is granted as set forth above.

7. This proceeding is closed.

This decision is effective today.

Dated December 4, 2008, at San Francisco, California.

Commissioners

Appendix PSC-23112 Milen Dotchkov Dontchev and Original Title Page

CERTIFICATE

OF

PUBLIC CONVENIENCE AND NECESSITY

AS A PASSENGER STAGE CORPORATION

PSC-23112

-------------------------------

Showing passenger stage operative rights, restrictions,

limitations, exceptions, and privileges.

-------------------------------

All changes and amendments as authorized by

the Public Utilities Commission of the State of California

will be made as revised pages or added original pages.

-------------------------------

Supersedes the authority heretofore granted to

Bhupinder Pal Singh, an individual, by Decision 01-06-064.

Appendix PSC-23112 Milen Dotchkov Dontchev and Original Page 1

I N D E X

Page

SECTION I. GENERAL AUTHORIZATIONS, RESTRICTIONS,

SECTION II SERVICE AREA ..............................................................3

SECTION III. ROUTE DESCRIPTION 3

Appendix PSC-23112 Milen Dotchkov Dontchev and Original Page 2

SECTION I. GENERAL AUTHORIZATIONS, RESTRICTIONS, LIMITATIONS, AND SPECIFICATIONS.

This certificate supersedes all passenger stage operative authority granted to Bhupinder Pal Singh, an individual.

Milen Dotchkov Dontchev and Maria Roumenova Djapounova, a partnership, by the certificate of public convenience and necessity granted by the decision noted in the foot of the margin, is authorized to transport passengers and their baggage on an "on-call" basis between the points described in Section II, over the routes described in Section III, subject, however, to the authority of this Commission to change or modify this authority at any time and subject to the following provisions:

    a. When a route description is given in one direction, it applies to operation in either direction unless otherwise indicated.

    b. The term "on-call," as used, refers to service which is authorized to be rendered dependent on the demands of passengers. The tariffs shall show the conditions under which each authorized on-call service will be provided, and shall include the description of the boundary of each fare zone, except when a single fare is charged to all points within a single incorporated city.

    c. No passengers shall be transported except those having a point of origin or destination as described in Section IIB.

    d. This certificate does not authorize the holder to conduct any operation on the property of any airport unless such operation is authorized by the airport authority involved.

Appendix PSC-23112 Milen Dotchkov Dontchev and Original Page 3

SECTION II. SERVICE AREA.

SECTION III. ROUTE DESCRIPTION.

Commencing from any point described in Section IIA, then over the most convenient streets and highways to any of the airports described in Section IIB.

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