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rarely, if ever, filled to capacity. There is also rail service twice daily, except Sunday, in each direction between Perry and Eastport. No one other than applicant appeared in support of this proposed service. Upon this record there is no basis for a finding that the considered extended service is or will be required by public convenience and necessity.
Proposed extension between Amesbury, Mass., and Middletown, Conn.-Applicant started this operation - June 16, 1935, and, except for two trips a day the first week, a daily round trip has been generally made. On some days, due to weather conditions or lack of traffic, the entire route or a part thereof was not covered. On occasions the service was limited to that part of the route between and including Haverhill, Lawrence, and Worcester, Mass., and Hartford, Conn., and intermediate points. Applicant has not received authority from Massachusetts and Connecticut to transport passengers over the described route. Its “grandfather” application filed with us embraces a route between Boston and Bangor which includes the part of the sought extension between Lawrence and Amesbury.
Applicant connects at Hartford and Worcester with the Eastern Greyhound Lines, Incorporated, of New England, interchanging passengers with it at through fares from points served by either line and connections. If the extension herein sought is granted, applicant will be able to transport passengers from Boston through Worcester and Stafford Springs to Hartford, there connecting with the Eastern Greyhound Lines for movement to New York and points south. Passengers could also travel from New York and points south over the Eastern Greyhound Lines to Hartford, and thence over applicant's extension north. The Eastern Greyhound Lines operates nine round trips daily from New York and Boston through Middletown, Hartford, and Worcester, and has filed an application with us under the "grandfather" clause of section 206 (a) of the act.
Since 1933 the Blue Way Lines, Incorporated, has maintained a through common-carrier passenger service between Haverhill, which is 15 miles southwest of Amesbury, through Lawrence, Lowell, Ayer, Fitchburg, Gardner, Athol, Belchertown, and Springfield, Mass., and Hartford and Middletown. Between Haverhill and Littleton, Mass., through Lawrence and Lowell, about 36 miles, and between Hartford
1 Over Massachusetts Highway 110 from Amesbury via Lowell, Mass., to Clinton, Mass. ; Massachusetts Highway 70 to Worcester, Mass.; Massachusetts Highway 12 to junction with U. S. Highway 20; U. S. Highway 20 to Sturbridge, Mass.; Massachusetts Highway 15 to Massachusetts-Connecticut State line; Connecticut Highway 15 to Stafford Springs, Conn. ; Connecticut Highway 32 to West Willington, Conn. ; Connecticut Highway 74 via Rockville, Conn., to junction with Connecticut Highway 15; Connecticut Highway 15 to junction with Connecticut Highway 83; Connecticut Highway 83 to South Manchester, Conn. ; U. S. Highway 44 to Hartford, Conn.; and Connecticut Highway 9 to Middletown. Return over the same route. One-way distance is about 154 miles,
and Middletown, 15 miles, this carrier uses the same route as that here sought by applicant. Over the entire route it is approximately 157 miles between Haverhill and Middletown, as compared with 141 over applicant's extension between those points, and it is about 13 miles between Haverhill and Amesbury. In the summer this carrier makes three round trips daily, and in other seasons two trips a day are scheduled. It uses large passenger busses on this route and has 22 busses available for use when required. The fares of the Blue Way Lines and of applicant are generally the same. Connections are made at Haverhill, Lowell, and Springfield, Mass., and at New York, with other motor carriers, and through tickets are honored and interchanged with every bus line except the Eastern Greyhound Lines and applicant. On October 5, 1936, the Blue Way Lines filed a petition for reorganization under section 77B of the Bankruptcy Act, but its operations have not been interrupted. The Blue Way Lines has filed an appropriate "grandfather” application with us and has received proper authority from the States traversed. It appears that its operations will be continued.
An exhibit introduced by applicant reveals that from August 1935 to August 1936 it transported 1,784 passengers over the sought route, an average of 4.5 passengers a day. If passengers who were carried solely south of Worcester, or who could have been carried without the sought route are excluded, the total is 992, an average of 2.5 passengers a day. All of the passengers transported by applicant between Haverhill, Lawrence, Lowell, Hartford, and Middletown could have been carried by Blue Way Lines on its regular operations without any additional equipment, as evidenced by the fact that during the months of February, March, April, and August, 1936, the busses of the lastnamed carrier had 9,110 seats available and actually transported 3,234 passengers, leaving about 6,000 seats vacant during those months. From August 1935 to August 1936 applicant's bus mileage on the extension was 135,088, its total revenue was $3,230.67, and its total revenue per bus-mile averaged 3.074 cents. The gross income for the entire period averaged $8.17 daily, which was approximately one-half the operating cost. Applicant estimated that the equipment used costs approximately 7 or 8 cents per bus mile to operate. The operation has been conducted at a loss since its inception. Applicant does not believe the extension would return a profit in the future with present equipment and schedule. It added, however, that if authority for the extension is obtained the route could be converted into a profitable one by using a different type of equipment and increasing the service to three trips daily.
Prior to the time applicant began the extension, Eastern Greyhound Lines interchanged with the Blue Way Lines at New York.
Upon some disagreement between the companies as to reclaim payments, the Eastern Greyhound Lines discontinued this interchange and, after negotiations commencing around May 1, 1935, with applicant, the latter started the considered extension on June 16, 1935, making interchange at Hartford with the Eastern Greyhound Lines. Even though the Eastern Greyhound Lines has the interchange arrangement with applicant at Hartford, it carries the bulk of the traffic on its own line to Boston from points beyond in order to secure a longer haul. This carrier now turns over to Blue Way Lines passengers destined to points not reached by applicant, and accepts passengers from the Blue Way Lines. Although applicant at present operates a "grandfather” route between Boston and New York, via Providence, R. I., Stafford Springs, Middletown, and New Haven, Conn., it prefers to continue this interchange at Hartford because of advantages from that and other interchanges. While the Eastern Greyhound witness was of the opinion that the considered extension was required by public convenience and necessity, he admitted that, other than the reclaim payment trouble, the service of the Blue Way Lines was satisfactory at the time his company discontinued interchange with it, and that in fact it was a better carrier than applicant on that particular route.
Amesbury is the only town of importance on applicant's extension not served by the Blue Way Lines. In view of applicant's "grandfather" operation between Lawrence and Amesbury, it could connect with the Blue Way Lines at either Lawrence or Haverhill, which would result in passengers making but one change from Amesbury to New York, the same as would be required in traveling over applicant's route to Hartford with interchange at that point to the Eastern Greyhound Lines. There is no evidence of a public demand or need for applicant's interchange at Hartford with the Greyhound Lines, other than statements by these two carriers. The Blue Way Lines is willing to add to existing service, if warranted by public demand. The record shows that it could have carried the majority of the traffic transported by applicant, and that the establishment of applicant's service was one of the causes for the filing of petition for reorganization.
The Boston & Maine Transportation Company operates a number of daily round trips between Lowell and Worcester, and also has daily round-trip service between Lowell, Lawrence, Haverhill, and Portsmouth. It interchanges with connecting carriers at various points on these routes.
There are at present at least six motor-carrier lines transporting passengers between Boston and New York through Worcester, Hart
ford, and Middletown. Their combined schedules amount to approximately 36 round trips per day. All have filed applications under the "grandfather” clause of section 206 (a) of the act. There are also a number of rail carriers and local motor lines providing daily service between practically all points on the considered route.
In exceptions to the recommended order herein, applicant contends that insufficient weight was given to the fact that the route in question is an important link in the Greyhound Lines interstate bus system and that its route is partly different and more direct and, consequently, 15 to 20 minutes faster, than that of the Blue Way Lines. Applicant also contends that in view of the fact that the operation was planned prior to June 1, 1935, and instituted shortly thereafter, reasonable doubts of public convenience and necessity should be resolved in its favor.
It is also urged by applicant that the situation in the instant proceeding is similar to, and warrants the same treatment as, that presented in Pan-American Bus Lines Operation, 1 M. C. C. 190. It was there stated, among other conclusions (a) that doubts as to whether or not the operation was required by public convenience and necessity might be reasonably resolved in applicant's favor, since the service was planned before June 1, 1935, and delay in actual operation until after that date was caused by circumstances beyond applicant's control, (6) that motor-carrier competition, if kept within reasonable bounds, serves a useful purpose, and (c) that the considered through passenger operation was a new and distinct type of service not over the principal route of protesting carriers and not shown to have been harmful to them. It appeared from the evidence that the operation was compensatory. In the cited case, it was further stated :
The question, in substance, is whether the new operation or service will serve a useful public purpose, responsive to a public demand or need; whether this purpose can and will be served as well by existing lines or carriers; and whether it can be served by applicant with the new operation or service proposed without endangering or impairing the operations of existing carriers contrary to the public interest.
The facts in the instant proceeding do not show that the extensions offer a different type of service than that now rendered by other carriers, or that the operation, conducted at a loss in the past, would be compensatory in the future.
The evidence warrants the conclusion that existing carriers, exclusive of applicant, are providing adequate and efficient service from and to the points on the sought extension, and are equipped to meet any greater demand which may occur in the future. We are of the opinion that the evidence fails to sustain applicant's contention that
its operation over the considered extension is or will be required by public convenience and necessity.
We find that the present or future public convenience and necessity do not require the proposed extensions of operation by applicant as a common carrier by motor vehicle, of passengers and their baggage, and of express and newspapers in the same vehicle with passengers, in interstate or foreign commerce, between Wiscasset and Newagen, Maine, between Perry and Eastport, Maine, and between Amesbury, Mass., and Middletown, Conn., over the previously described routes. An order denying the application and requiring applicant to discontinue the considered extensions will be entered.
9 M. C. C.