Geoffrey F. Brown is the Assigned Commissioner and Bertram D. Patrick is the assigned ALJ in this proceeding.
Findings of Fact
1. Transferor desires to transfer PSC-5911 to Transferee, some of whose member-owners have been employed as drivers for Transferor.
2. Expansion of PSC-5911 and the establishment of a ZORF as described above is in the public interest because such service will provide the public with transportation choices at competitive rates.
3. Transferee indicates that it has the finances, equipment and experience to conduct the service proposed.
4. Transferee will be operating in direct competition with an existing carrier.
5. Transferee will compete with other PSCs, taxicabs, limousines, buses and automobiles in its operations.
1. The Commission favors competition in the transportation industry.
2. Monopoly service is not considered to be adequate service under Pub. Util. Code § 1032.
3. Transferor's request to transfer PSC-5911 to Transferee should be granted.
4. Transferee's request to expand PSC-5911 and to create a ZORF, as described above, should be approved.
5. A public hearing is not necessary.
6. The application should be granted.
IT IS ORDERED that:
1. Within 120 days from the effective date of this decision, Issa Essi and Kawkab Ghaddar (Transferor), a partnership, may transfer their certificate of public convenience and necessity (CPCN) to operate as a passenger stage corporation (PSC) specified in this application to Mansour International, LLC (Transferee), a limited liability company, and Transferee is authorized to extend the CPCN to operate as a PSC, subject to the conditions contained in the following paragraphs.
2. Transferee shall:
a. File a written acceptance of this certificate within 30 days after this order is effective.
b. Establish the authorized service within 120 days after this order is effective and adopt Transferor's tariffs and timetables, state in them when the service will start, make them effective 10 or more days after this order 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. Enroll all drivers in the pull notice system as required by Section 1808.1 of the Vehicle Code.
3. Transferee is authorized under Pub. Util. Code § 454.2 to establish a zone of rate freedom (ZORF) of $30 above and below any of the current fares of the Transferor and the proposed fares as shown in Exhibit D. The minimum fare will be $5.
4. Transferee shall file a ZORF tariff in accordance with the application on not less than ten days' notice to the Commission and to the public. The ZORF shall expire unless exercised within 120 days after the effective date of this order.
5. Transferee may make changes within the ZORF by filing amended tariffs on not less than ten days' notice to the Commission and to the public. The tariff shall include between each pair of service points the authorized maximum and minimum fares and the fare to be charged.
6. In addition to posting and filing tariffs, Transferee shall post notices explaining fare changes in its terminals and passenger-carrying vehicles. Such notices shall be posted at least ten days before the effective date of the fare changes and shall remain posted for at least 30 days.
7. Transferee is authorized to begin operations on the date that the Consumer Protection and Safety Division mails a notice to Transferee that its 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 Transferee's vehicles for service.
8. The CPCN granted to Transferor by Decision 90-08-011 is revoked on the date Transferee is notified that it may commence operations as provided in Ordering Paragraph 7.
9. Before beginning service to any airport, Transferee shall notify the airport's governing body. Transferee shall not operate into or on airport property without authority from the airport's governing body.
10. The CPCN to operate as PSC-15930, granted herein as set forth in Appendix A to this decision, shall expire unless exercised within 120 days after the effective date of this order.
11. The Application is granted as set forth above.
12. This proceeding is closed.
This order is effective today.
Dated October 30, 2003, at San Francisco, California.
MICHAEL R. PEEVEY
President
CARL W. WOOD
LORETTA M. LYNCH
GEOFFREY F. BROWN
SUSAN P. KENNEDY
Commissioners
Appendix PSC-15930 Mansour International, LLC Original Title Page
(a Limited liability company)
CERTIFICATE
OF
PUBLIC CONVENIENCE AND NECESSITY
AS A PASSENGER STAGE CORPORATION
PSC-15930
-------------------------------
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
Issa Essi and Kawkab Ghaddar, a partnership, by D.90-08-011.
Appendix PSC-15930 Mansour International, LLC Original Page 1
(a limited liability company)
I N D E X
Page
SECTION I. GENERAL AUTHORIZATIONS, RESTRICTIONS,
LIMITATIONS, AND SPECIFICATIONS 2
SECTION II. SERVICE AREAS 3
SECTION III. ROUTE DESCRIPTIONS 3
Appendix PSC-15930 Mansour International, LLC Original Page 2
(a limited liability company)
SECTION I. GENERAL AUTHORIZATIONS, RESTRICTIONS, LIMITATIONS, AND SPECIFICATIONS.
This certificate supersedes all passenger stage operative authorities granted to Issa Essi and Kawkab Ghaddar, a partnership .
Mansour International, LLC, a limited liability company, 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 points and places as 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:
i. When a route description is given in one direction, it applies to operation in either direction unless otherwise indicated.
j. 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.
k. No passengers shall be transported except those having a point of origin or destination as described in Sections IIB, IIC, or IID.
l. 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.
m. No person shall be transported between any points or places within an incorporated city.
Appendix PSC-15930 Mansour International, LLC Original Page 3
(a limited liability company)
SECTION II. SERVICE AREA.
A. Points and places in the Counties of Los Angeles, Orange, *Riverside, *San Bernardino and *San Diego.
B. Airports.
Los Angeles International, Long Beach, John Wayne Airport, *Burbank, and*Ontario International.C. Los Angeles and Long Beach Harbors.
D. Los Angeles AMTRAK Station.
*Extension of service area.
SECTION III. ROUTE DESCRIPTION.
Commencing from any point and place described in Section IIA, then over the most convenient streets, expressways, and highways to any point or place described in Sections IIB, IIC, and IID.
(END OF APPENDIX A)