Before the Public Utilities Commission of the State of California
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BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA FILED In the matter of the Application of ABIANO 12/30/19 04:59 PM LIMOUSINE, LLC, for passenger stage authority under Section 1031, et. seq., of the California A1912014 Public Utilities Code, to transport tourists and residents, on an on-call, inter/intra county fare basis, between points in the counties of APPLICATION No.: San Francisco, Santa Clara, Alameda, Contra Costa, Marin County, Napa, Sonoma, Sacramento, on the other hand; and to establish a Zone of Rate Freedom (ZORF) under Section 454.2, et. Seq., of the PU Code. APPLICATION FOR PASSENGER STAGE AUTHORITY PART 1 OF 2 PARTS APPLICANT CONSULTANT ABIANO LIMOUSINE, LLC Ebi Esule, Consultant Attn: Edwin Abiano, Member/CEO dba: TransportationInformation.com 18 SEAMAST PASSAGE 1615 N. Wilcox Ave., #1789 CORTE MADERA, CA 94925 Los Angeles, CA 90028 T-415-250-2650 T-323-498-5070 [email protected] [email protected] ABIANO LIMOUSINE, LLC, PSC Title Page . 1 / 19 BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA In the matter of the Application of ABIANO LIMOUSINE, LLC, for passenger stage authority under Section 1031, et. seq., of the California Public Utilities Code, to transport tourists and residents, on an on-call, inter/intra county APPLICATION No.: fare basis, between points in the counties of San Francisco, Santa Clara, Alameda, Contra Costa, Marin County, Napa, Sonoma, Sacramento, on the other hand; and to establish a Zone of Rate Freedom (ZORF) under Section 454.2, et. Seq., of the PU Code. APPLICATION The application of ABIANO LIMOUSINE, LLC, hereinafter designated as Applicant, respectfully represents: I Applicant is a Limited Liability Company duly organized and existing under the Laws of the State of California. A copy of its Articles of Organization is attached hereto and marked Exhibit-A. Applicant’s legal name and principal place of business are as follows: ABIANO LIMOUSINE, LLC Attn: Edwin Abiano, Member/CEO 18 SEAMAST PASSAGE CORTE MADERA, CA 94925 T-415-250-2650 where Applicant presently provides charter and special services under TCP-34508-A providing limousine/livery, group tours and round-trip sightseeing tours to/from various points of attraction, institutions landmarks and event sites, including but not limited to the following: Levi's Stadium, Shoreline Amphitheater, SAP Center San Jose, Oracle Arena, Greek Theater Berkeley, Fox Theater Oakland, Chase Center, Oracle Park, Golden Gate Park, Napa Valley Expo, Frost Amphitheater, Concord Pavilion, Toyota Amphitheater, Golden 1 Center. 1 2 / 19 II CONTACT: Please, direct any correspondence, notice, pleadings and inquiries related to this Application or specifics on the design of the proposed passenger stage service should be addressed to Applicant's representative as follows: Ebi Esule, Transportation Consultant dba TransportationInformation.Com 1615 N. Wilcox Ave., #1789 Corte Madera, CA 90028 T-323-498-5070 III PROPOSED SERVICE: Applicant seeks authority under Section 1031, et. seq., of the California Public Utilities Code, to operate as a passenger stage corporation (PSC) to transport tourists and residents, on an on-call, inter/intra county fare basis, between their respective communities and points of attraction, landmarks and event-sites in the counties of San Francisco, Santa Clara, Alameda, Contra Costa, Marin County, Napa, Sonoma, Sacramento. Applicant also seeks to establish a zone-of-rate-freedom (ZORF) of plus-or-minus thirty percent (±30%) over the proposed standard fares, pursuant to provisions under Section 454.2, et. Seq., of the California Public Utilities Code: no free service will be offered except as permitted by law. IV SERVICE AREA DESCRIPTIONS: ON-CALL, COUNTY-TO-COUNTY, SERVICE AREA: Points in the counties of San Francisco, Santa Clara, Alameda, Contra Costa, Marin County, Napa, Sonoma, Sacramento. V ROUTE DESCRIPTIONS: ON-CALL, COUNTY-TO-COUNTY SERVICE ROUTES Commencing at any of the counties described in Section IV, then over the most convenient streets, expressways, and highways to any of the other counties describe in Section IV. VI CUSTOMER BASE: As a class “A” charter party carrier of passengers, licensed under the “Passenger Charter-party Carriers’ Act”, Division II of 2 3 / 19 the Public Utilities Code, Applicant has been given the maximum allowable discretion to serve the public as a charter and special carrier since 1994. TCP-34508-A gave Applicant the freedom, and a mandate, to operate from anywhere in the State to anywhere in the State, and to operate any size of vehicle; and to charge parties in accordance with Section 5401 of the Public Utilities Code. Now, for about twenty (20) years, Applicant has been transporting tourist and residents to and from various points of attraction, including but limited the following landmarks and event- sites in the counties of San Francisco, Santa Clara, Alameda, Contra Costa, Marin County, Napa, Sonoma, Sacramento: Levi's Stadium, Shoreline Amphitheater, SAP Center San Jose, Oracle Arena, Greek Theater Berkeley, Fox Theater Oakland, Chase Center, Oracle Park, Golden Gate Park, Napa Valley Expo, Frost Amphitheater, Concord Pavilion, Toyota Amphitheater, Golden 1 Center. Applicant wishes to continue serving the public as a Class-A charter party carrier of passengers as allowed under the “Charter Party Act”, Chapter-8, Division II of the Public Utilities Code. However, Commission staff has recently pointed out that some of Applicant’s customers may be best served under a “Certificate of Public Convenience and Necessity (aka PSC-Certificate)”. Now, the pseudo factional distinction between the restrictive regulations for PSC operations under the “Public Utilities Act, Division I” of the Public Utilities Code, versus the freedoms allowed under the Charter Party Carriers’ Act, Division II, of the Public Utilities Code, makes the use of PSC authority for round-trip sightseeing tours an anathema to the character and conduct of charter party carriages, and the freedoms mandated for a TCP-A carrier offering roundtrip sightseeing operations, as described in Decision 12-11-002, dated November 8, 2012. A thorough “impact study” of the effect of PSC (a travel provider’s certificate) on round-trip sightseeing tours may prove to be catastrophic. VII FARES: The rules and regulations to govern the proposed PSC service will be in accordance with those attached hereto and marked EXHIBIT-B; and, the proposed roundtrip adult fares are shown in the attached Fares-schedule, EXHIBIT-C. 3 4 / 19 EXHIBIT-D is a map of the proposed, geographic, service area. VIII FREQUENCY OF SERVICE: Applicant proposes to operate one round-trip per day, 150 days a year, between the hours of 6:00 AM and 2:00 AM; or, until the main “event of the day” closes. IX EQUIPMENT: Applicant will start the proposed passenger stage service with a fleet of three (3) buses, with an average seating capacity of 25-passengers per bus. Current and new member-owners will contribute for more equipment if needed. All vehicles will be fully automatic, air-conditioned, fully insured, and meet or exceed all safety requirements. X FINANCIAL STATEMENTS: Attached hereto and marked Exhibit-E is Applicant’s most recent available “Balance Sheet”. The member-owners of Applicant will contribute additional resources necessary to ensure the viability of the proposed service. The "Pro Forma Projected Annual Income and Expense Statement", attached hereto and marked Exhibit-F shows viability of the proposed service. XI Parties upon whom NOTICE of the filing of this Application were served, as directed by Rule 3.3(b) of the Rules of Practice and Procedure, are listed in Exhibit-G. Parties upon whom a COPY of the Application was served, including but not limited to the “regional” public transit operators in the involved area, are listed in the certificate of service by mail Exhibit-H. However, pursuant to Rule 1.2 of the Commission’s Rules of Practice and Procedure, Applicant hereby requests a waiver of the requirements of Rule 3.3(b) of the Commission’s Rules of Practice and Procedure if, and to the extent thereof, that the Notice issued by Applicant may be deficient. Applicant does not believe the Notice given of the filing of this Application is inadequate under that Rule, but through over-caution, seeks this waiver. 4 5 / 19 Further, the Notice of the Application will be published in the Commission’s Daily Calendar which is adequate notice to the public for all formal passenger carrier Applications. Applicant believes the Notices provided are manifestly adequate but, if necessary, applicant requests waiver of Rule 3.3(b) to the extent required. XII Applicant is an existing charter party carrier with about 20-years of experience operating under TCP-34508-A: has the equipment and other resources, and is ready, willing and able to provide the proposed service. Applicant is in good standing with the Commission, and the Secretary of State. Further, Applicant will continue to comply with all Federal, State, and Municipal Traffic Laws and Ordinances. XIII Applicant alleges that the proposed passenger stage service is in the public interest and will promote the same for the following reasons, among others: a. Applicant is a Limited Liability Company organized and existing under the Laws of the State of California whose founder and principal owner is a respected member of the charter party carrier of passengers and round-trip sightseeing tours operators’ community; b. Applicant, a TCP-A carrier, has been providing charter and round-trip sightseeing tours for about 20-years under TCP-34508-A; c. The proposed passenger stage service will supplement the existing services under TCP-34508-A, and will use the same with pre- arranged, flexible pick-up/drop-off points used for the TCP-A service; d. There will be no adverse effect upon any other carrier, nor upon the public resulting from granting the Application; e.