C. Statement of Facts

An employee of Complainant Airporter testified to seeing operations of Defendant Express at Hotel La Rose subsequent to July 31, 1999. He also introduced pictures (Exh. 1) of a sign at the former Hotel La Rose stop announcing in part:

"Effective 11-17-99

THIS STOP IS

RELOCATING!"

Two witnesses from the Rail Safety and Carriers Division of the Commission Staff (Staff), an intervenor in this complaint, testified that they saw buses at the same location previously served by Express after the time that these operations were to have ceased. Pictures of these incidents were taken and introduced as Exhibits 2 and 6. Staff testimony and exhibits also showed that at some time Express moved its stop approximately 200 feet east of Hotel La Rose and operated from this new position. (Exhs. 2 and 6.)

Defendant offered three stipulations. Since these cut to the core of the matter, they are quoted in full:

"1. The defendant in this matter is going to stipulate that from August 1, 1999, to September 21, 1999, defendant continued to provide service to and from the Hotel La Rose, which was the same service on the same schedule that they had been providing service to and from the Hotel La Rose prior to August 1, 1999." (Tr. 207.)

"2. From September 22, 1999, to November 16, 1999, defendant provided service from Fifth and Davis Street in Santa Rose which is about 200 feet east of its former stop at the Hotel La Rose." (Tr. 208.)

"3. The third stipulation is that from November 17, 1999, to present, the Sonoma County Airport Express [Defendant] has offered as a promotion to pay cab fare to its present stop at 601 Mendocino Avenue in Santa Rosa for guests staying at the Los Robles Lodge in northern Santa Rosa, the Flamingo Hotel and Hillside Inn in eastern Santa Rosa, and the Courtyard by Marriott and the Hotel La Rose, those latter two being located in central Santa Rosa, and that from November 17 1999, through November 30, 1999, a total of 15 rides have been paid for, six of which during that period of time were from Hotel La Rose and nine of which were from other locations." (Tr. 209-210.)