E. Comments on the Proposed Decision

The proposed decision of the ALJ Sheldon Rosenthal in this matter was mailed to the parties in accordance with Pub. Util. Code Section (311(d) and Rule 77.1 of the Rules and Practice and Procedure. Comments were filed on _____________, and reply comments were filed on _______________.

Findings of Fact

1. Applicant proposes to offer shuttle service throughout much of Southern California to various airports, train stations, harbors, and other specific points, and to offer on-call service between the cities of San Luis Obispo, Los Angeles, and San Diego and intermediary points.

2. Applicant proposes to start service with four vans operated by owner-operators.

3. Applicant's general manager has charter-party carrier authority from this Commission and over twenty years experience in transportation.

4. Applicant's financial showing, in conformance with our Rules of Practice and Procedure was not encouraging to sustained operations.

5. Applicant engaged in advertising his services in local telephone directories before having obtained a certificate from this Commission. There was no evidence of service having been provided in response to these advertisements.

6. Protestant offers better service to Ventura County from LAX at cheaper rates.

7. Protestant offered to withdraw its protest if Applicant eliminated Ventura County from its requested certificate area.

8. Applicant requests authority to establish a ZORF of $12 above and below any of the proposed fares, shown in Exhibit B, attached to the application. The minimum one-way adult fare is $5.

9. Applicant will compete with PSCs, taxicabs, limousines, buses, and automobiles in its operations. The ZORF is fair and reasonable.

Conclusions of Law

1. Under the policy of American Express Shuttle, D.99-10-068 we no longer scrutinize the financial information presented in an application for a passenger stage certificate.

2. Applicant should be cautioned that all financial information submitted to this Commission must conform to proper accounting standards.

3. Applicant should be cautioned that advertising must be consistent with the services offered by Applicant. With this warning, Applicant is cautioned that if such conduct is repeated, it will constitute grounds for revocation and reference to the local district attorney.

4. Applicant has demonstrated knowledge of the transportation industry sufficient to conduct the service requested.

5. Applicant should be granted a certificate of public convenience as requested.

6. There was no protest to Applicant's request for inter-city service between San Luis Obispo, Los Angeles, and San Diego, and intermediate points.

7. The request for a ZORF should be granted.

8. Before Applicant changes any fares under the ZORF authorized below, Applicant shall give this Commission at least 10 days' notice. The filing of ZORF fares should be shown in the tariff showing between each pair of service points the high and low ends of the ZORF and the then currently effective fare.

ORDER

IT IS ORDERED that:

1. A certificate of public convenience and necessity (CPCN) is granted to M & A International Group, LLC (Applicant), a limited liability company, authorizing it to operate as a passenger stage corporation (PSC), as defined in Pub. Util. Code § 226, to transport persons and their baggage, between the points and over the routes set forth in Appendix PSC-12938, subject to the conditions contained in the following paragraphs.

2. Applicant is cautioned that proper accounting standards must be followed in all financial submissions to this Commission.

3. Applicant is cautioned that it must not advertise service or conveniences that it is not offering or not authorized to perform.

4. Applicant shall:

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

b. Establish the authorized service and file tariffs and timetables within 120 days after this order is effective.

c. File tariffs on or after the effective date of this order. They shall become effective ten days or more after the effective date of this order, provided that the Commission and the public are given not less than ten days' notice.

d. Comply with General Orders Series 101, 104, and 158, and the California Highway Patrol (CHP) safety rules.

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

f. Maintain accounting records in conformity with the Uniform System of Accounts.

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

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

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

5. Applicant is authorized under Pub. Util. Code § 454.2 to establish a ZORF of $8 above and below any of the proposed fares of $20 and under, and $15 above and below the proposed fares above $20, shown in Exhibit C, attached to the application. The minimum one-way adult fare is $5.

6. Applicant shall file a ZORF tariff in accordance with the application on not less than 10 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.

7. Applicant may make changes within the ZORF by filing amended tariffs on not less than 10 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.

8. File tariffs on or after the effective date of this order. They shall become effective ten days or more after the effective date of this order, provided that the Commission and the public are given not less than ten days' notice.

9. In addition to posting and filing tariffs, Applicant 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 thirty days.

10. Applicant is authorized to begin operations on the date that the Rail Safety and Carriers Division mails a notice to Applicant that its evidence of insurance and other documents required by Ordering Paragraph 4 have been filed with the Commission and that the CHP has approved the use of Applicant's vehicle for service.

11. Before beginning service to any airport, Applicant shall notify the airport's governing body. Applicant shall not operate into or on airport property unless such operations are authorized by the airport's governing body.

12. The CPCN to operate as PSC-12938, granted herein, expires, unless exercised within 120 days after the effective date of this order.

13. The Application is granted as set forth above.

14. This proceeding is closed.

This order is effective today.

Dated , at San Francisco, California.

Appendix PSC-12938 M & A International Group, LLC Original Title Page

(a limited liability company)

CERTIFICATE

PUBLIC CONVENIENCE AND NECESSITY

AS A PASSENGER STAGE CORPORATION

PSC-12938

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