7. Assignment of Proceeding
Geoffrey Brown is the Assigned Commissioner and Sheldon Rosenthal is the assigned ALJ in this proceeding.
1. Applicant presently holds passenger stage authority from this Commission (PSC-62335).
2. Applicant operates an "on-call scheduled service" between various hotels in downtown Los Angeles to LAX.
3. Applicant has authority to operate door-to-door service between various points in five southern California counties and various airports in southern California.
4. Since 1999 Applicant has referred all door-to-door requests to other carriers.
5. Applicant seeks authority to operate scheduled service both to and from downtown Los Angeles hotels and LAX, to and from LAX to various area hotels near Disneyland/Anaheim, and to and from LAX and Ontario Airport and area hotels.
6. Applicant presently operates with one bus and two drivers.
7. Applicant estimates that it will need 25 busses and at least 56 drivers to operate as proposed.
8. Applicant admitted that the financial statement contained in its application does not indicate ability to carry out the intended operation.
9. Applicant stated that he would finance the expansion of service from his own resources but refused to indicate what those resources were.
10. There was evidence that Applicant was transporting passengers who had not made prior arrangements with Applicant from LAX to Orange County.
11. There was evidence that Applicant's employee represented that Applicant was an agent of another carrier and could accept prepaid vouchers made out to this carrier.
12. There was evidence that Applicant offered reduced fares.
13. There was evidence that Applicant's driver demanded payment in cash after representing that the vouchers would be honored.
14. There was evidence that Applicant attempted to redeem vouchers of another company.
15. There was evidence that Applicant's driver was threatening and abusive to potential passengers who were hesitant to use his services.
16. Applicant's witness Nazemzadeh contradicted himself many times in his testimony and evaded answers to legitimate questions.
17. There is one carrier currently offering the scheduled service proposed by Applicant.
18. Three other carriers authorized to offer similar service in 2000 have not yet begun operations.
1. We do not find the testimony of Applicant to be convincing.
2. Applicant has failed to meet its burden of proof that the public convenience and necessity requires the requested expansion of his service.
3. This application should be denied.
IT IS ORDERED that:
1. This application is denied.
2. This matter is closed.
This order is effective today.
Dated December 17, 2002, at San Francisco, California.
LORETTA M. LYNCH
President
HENRY M. DUQUE
CARL W. WOOD
GEOFFREY F. BROWN
MICHAEL R. PEEVEY
Commissioners
