Starline's Petition

Starline's Petition proposes the following rule:

"Within the City of Los Angeles, no passenger carrier issued Sightseeing Authority under § 5384 (c) of the Public Utilities Code shall:

"A. Falsely claim to be, or dishonestly identify itself as another sightseeing carrier in its solicitation of customers; or use any name in its solicitation of customers that is not the same as the name or names listed on its sightseeing permit issued by the Commission.

"B. Solicit any sightseeing customers from an illegally parked or stopped vehicle.

"C. Solicit any customers verbally, or in writing, by using a trade or business name that is similar to the name of another sightseeing Company that has previously established a sightseeing service boarding point within the area.

"D. Solicit, sell tickets or initially board sightseeing passengers within one-half mile of another sightseeing carrier with a previously established sightseeing boarding point."

Starline states that its proposed regulation is necessary to address conditions created by other carriers' allegedly unsafe, unfair, and unreasonable solicitation of Petitioner's customers in a loading area located in front of a kiosk operated by Starline at 6925 Hollywood Boulevard. Starline represents that the loading zone is authorized by the City of Los Angeles, and further that at its kiosk, Starline provides schedule information, makes sales, and provides general information about Hollywood and Southern California to the public.

Starline acknowledges that it has no monopoly in providing sightseeing services, but contends that the conduct of its competitors is "unsafe, dishonest, unfair, and unreasonable." In particular, Starline alleges that competitors create a congested and unsafe situation by double and triple parking their vehicles in front of Starline's offices and buses. Starline also alleges that its competitors engage in deceptive marketing practices and "short-change consumers by providing second-rate sightseeing service..." Starline also asserts that the conduct of a competitor that uses a bullhorn to talk from the top of an open-top double-decker bus to solicit consumers intending to use Starline's services is unfair and creates confusion.

Starline recognizes that the petty theft and traffic congestion it alleges is normally considered a local police problem and not a Commission matter. However, Starline contends that the resources of the Los Angeles Police Department are better utilized investigating more serious crimes. Starline also states that the City of Los Angeles has rigorously controlled all aspects of passenger services offered within its city limits. However, Starline quotes a portion of a local ordinance for the proposition that the Los Angeles has ceded all aspects of regulatory jurisdiction over sightseeing carriers to the State of California. Starline asks the Commission to "accept this ... ceding of regulatory control."