Discussion

Transferor is authorized by Decision (D.) 01-02-015 to operate as an on-call PSC to transport persons and their baggage between points in San Francisco, Alameda, Contra Costa, Santa Clara, Solano, and Marin Counties, on the one hand, and San Jose (SJC), Oakland (OAK), and San Francisco (SFO) International Airports, on the other hand.

This application requests approval to transfer certificate PSC-13297 to Transferee. Transfere has agreed to purchase the certificate and certain business assets for $20,500, as described in the sales agreement attached to the application as Exhibit A. Transferee explains that he recently sold a retail merchandise establishment which he operated successfully for eight years and desires to invest in and operate an airport door-to-door shuttle business. He indicates that he is familiar with the operation and regulations governing this service and intends to continue serving the public as Transferor has done in the past.

Transferee owns one 7-passenger van. He states that he is financially able to add additional units as required to meet the public's service needs. Attached to the application as Exhibit C is Transferee's unaudited balance sheet dated June 11, 2004, that discloses assets of $410,000, liabilities of $45,000, and net worth of $365,000.

Notice of filing of the application appeared in the Commission's Daily Calendar on July 13, 2004.

In Resolution ALJ 176-3137 dated August 19, 2004, 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 176-3137.

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 is operating as a PSC pursuant to D.01-02-015.

2. Transferor requests approval to transfer certificate PSC-13297 to Transferee.

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.

3. Only the amount paid to the State for operative rights may be used in rate fixing. The State may grant any number of rights and may cancel or modify the monopoly feature of these rights at any time.

ORDER

IT IS ORDERED that:

1. Within 120 days from the effective date of this decision, Hani A. Abuhwaidi and Saker Shaker (Transferor), a partnership, may transfer the operative rights specified in this application to Ahmad Mana (Transferee), an individual, 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, 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 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. Maintain accounting records in conformity with the Uniform System of Accounts.

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

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

h. Enroll all drivers in the pull notice system as required by Section 1808.1 of the Vehicle Code.

3. Transferee is authorized to begin operations on the date that the Consumer Protection and Safety Division mails a notice to Transferee that his 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.

4. The certificate of public convenience and necessity (CPCN) granted to Transferor by Decision (D.) 01-02-015 is revoked on the date Transferee is notified that he may commence operations as provided in Ordering Paragraph 3.

5. 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.

6. The CPCN to operate as PSC-17996, granted herein, shall expire unless exercised within 120 days after the effective date of this order.

7. The Application is granted as set forth above.

8. This proceeding is closed.

This order is effective today.

Dated September 23, 2004, at San Francisco, California.

Appendix PSC-17996 Ahmad Mana Original Title Page

CERTIFICATE

OF

PUBLIC CONVENIENCE AND NECESSITY

AS A PASSENGER STAGE CORPORATION

PSC-17996

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

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

Hani A. Abuhwaidi and Saker Shaker, a partnership, by Decision 01-02-015.

Appendix PSC-17996 Ahmad Mana Original Page 1

I N D E X

Page

SECTION I. GENERAL AUTHORIZATIONS, RESTRICTIONS,

SECTION III. ROUTE DESCRIPTION 3

Appendix PSC-17996 Ahmad Mana Original Page 2

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

This certificate supersedes all passenger stage operative authorities granted to Hani A. Abuhwaidi and Saker Shaker, a partnership.

Ahmad Mana, an individual, 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-17996 Ahmad Mana Original Page 3

SECTION II. SERVICE AREA.

SECTION III. ROUTE DESCRIPTION.

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

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