No. MC-177711 ANGELO L. BIANCHI COMMON CARRIER APPLICATION Decided November 2, 1943 1. On reconsideration in No. MC-17771, findings in prior report, 42 M. C. C. 854, modified. Applicant found entitled to continue operations as a common carrier by motor vehicle, over irregular routes, of special commodities, between certain points and territories in Massachusetts, Connecticut, Rhode Island, New York, and New Jersey, and of general commodities, with exceptions, between New York City, on the one hand, and, on the other, Providence, R. I., and specified points in Massachusetts, by reason of his having been so engaged on June 1, 1935, and continuously thereafter, except for an interruption of service beyond his control. Issuance of a certificate approved upon compliance by applicant with certain conditions, and application in all other respects denied. 2. On reconsideration in No. MC-17771 (Sub-No. 1) findings in prior report, 42 M. C. C. 854, affirmed. Public convenience and necessity found not to require an extension of operation by applicant as a common carrier by motor vehicle of general commodities between points in Massachusetts, Rhode Island, Connecticut, New York, and New Jersey, over irregular routes. Application denied. Appearances as shown in the prior report. REPORT OF THE COMMISSION ON RECONSIDERATION DIVISION 5, COMMISSIONERS MAHAFFIE, ROGERS, AND PATTERSON BY DIVISION 5: In the prior report herein, 42 M. C. C. 854, decided March 30, 1943, (1) we authorized, in No. MC-17771, the issuance to applicant, Angelo L. Bianchi, doing business as A. Bianchi Motor Transportation Co., of Quincy, Mass., of a certificate authorizing operation as a common carrier by motor vehicle, in interstate or foreign commerce, (a) of quarry products, artificial stone, quarry machinery, and machinery incidental to the manufacture, preparation for use, or erection of artificial or natural stone (hereinafter referred to as quarry products and related commodities) between points in Massachusetts, Rhode Island, Connecticut, New York, and New Jersey, and (b) chemicals from all points in New Jersey and New York, N. Y., to points in Massachusetts, over irregular routes, and denied the application in all other respects; and (2) we found, in No. MC-17771 (Sub-No. 1), that present and 1 This report also embraces No. MC-17771 (Sub-No. 1), Angelo L. Bianchi Extension of Operations-General Commodities. future public convenience and necessity do not require the proposed operations, and denied the application. By petition filed June 22, 1943, applicant requests reconsideration in both proceedings, particularly to the extent authority was denied to transport general commodities. Motor-carrier protestants replied to the petition. Upon consideration of the record and applicant's petition and the reply thereto, we are concurrently reopening the proceedings for reconsideration on the records as made. Each application will be discussed separately. "Grandfather" application.-By this application, authority is sought to operate as a common carrier by motor vehicle, in interstate or foreign commerce, of general commodities, except livestock, dump truck and bulk commodities, currency, bullion, articles of virtu, precious stones, explosives (except small-arms ammunition), commodities exceeding ordinary loading and equipment facilities, those requiring refrigeration, and those injurious or contaminating to other lading, between points in Massachusetts, Rhode Island, Connecticut, New York, and New Jersey, over irregular routes, and between West Quincy, Mass., and New York, N. Y., over certain regular routes described in the appendix to the prior report. Applicant operates over no specific routes, however, and, in the prior report, we considered the application amended so as to seek authority to operate over irregular routes. Applicant is agreeable to such amendment. Applicant commenced operations as a motor carrier in 1931. On June 1, 1935, he owned and operated one tractor-trailer unit and one straight truck, and maintained terminals at West Quincy and New York City, N. Y. On the date of the hearing, he owned and operated four tractor-trailer units and one straight truck and maintained a call-station in New York City. Applicant alleges that he held himself out to transport, in addition to chemicals and quarry products and related commodities, general commodities between Boston, Mass., and points within 25 miles thereof and New York City and surrounding points in New York and New Jersey, and points intermediate thereto in Massachusetts, Rhode Island, and Connecticut. As proof of past operations he relies on an abstract of shipments transported between January 3, 1935, and December 30, 1941, inclusive, his own oral testimony, and that of a witness formerly employed by him as a driver. The shipments listed in applicant's abstract, while generally typical of his operations, represent only a portion of the actual shipments transported. The fact that a more comprehensive list was not available is the result (a) of the failure of the employees of his New York 581984-45-vol. 43- -4 office to preserve records of shipments handled at that point, and (b) of an illness which applicant suffered from the early fall of 1935 to the summer of 1938 which contributed to his inability to keep complete records of all of the shipments transported. The abstract of shipments is fully analyzed in the prior report herein and will be referred to herein only when necessary for clarification of discussion. On the statutory date, 50 percent of applicant's operation consisted of the transportation of quarry products and related commodities, and 50 percent of chemicals and other miscellaneous commodities. The service rendered was on call on demand. The territories served in connection with the transportation of chemicals and quarry products and the related commodities, however, were considerably larger than that served in the transportation of other commodities. Applicant takes no exception to the grant of authority in the prior report authorizing continuance of the transportation of chemicals and quarry products and related commodities; and the record substantiates such a grant. Accordingly, we will affirm our findings herein to that extent. Our discussion will deal with the transportation of other commodities. On and prior to June 1, 1935, applicant transported west-bound shipments of mirrors, cabinets, crab meat, and machine tools from Boston and Quincy to New York City, and one shipment of mirrors to Newark, N. J. East-bound, shipments of tanning extract, chocolate, paper, paper products, cloth, metal moulding, and rubber mats from New York City to Charlestown, Dorchester, Lynn, Chelsea, Boston, Cambridge, and Worcester, Mass., and Providence, R. I., as well as one shipment of chinaware to New Bedford, were carried. Considering the variety of commodities transported in conjunction with the oral testimony, we conclude that applicant was engaged in the transportation of general commodities. The territory served consistently, however, is somewhat less than that which applicant claims to have held himself out to serve. Except for one shipment west-bound to Newark and one east-bound shipment to New Bedford, all shipments moved between New York City, on the one hand, and, on the other, Boston and points within 25 miles thereof, Worcester, and Providence; and we conclude such was the territorial scope of applicant's general-commodity operation on June 1, 1935. Operations conducted thereafter, until Feruary 1936, were similar in scope and character as those conducted on June 1, 1935. After February 1936, the number of shipments of commodities other than chemicals and quarry products and related commodities materially decreased. For example, after February 1936, shipments of commodities other than chemicals and quarry products and related |