carriers. The latter operate in interstate or foreign commerce, and applicants, to the extent they collect or deliver shipments originating at or destined to points outside the State of Kansas, also are engaged in transportation in interstate or foreign commerce.

Under the provisions of section 202 (c) (2) of the act, as amended, the transportation by motor vehicle, by any person (whether as agent or under a contractual arrangement) for a common carrier by motor vehicle, in the performance within terminal areas of transfer, collection, or delivery services, is considered to be performed by such carrier as part of, and shall be regulated in the same manner as, the transportation to which such services are incidental. Thus applicants require no authority from this Commission to perform collection and delivery services within the terminal areas of the line-haul carriers served. While we are unable to determine from the record the extent of such terminal areas, it is clear that applicants have restricted their services to operations entirely within the corporate limits of Pittsburg. In Palismo Common Carrier Application, 30 M. C. C. 591, and 41 M. C. C. 229, division 5 construed and interpreted the provisions of section 202 (c) (2). In its report on further consideration, 41 M. C. C. 229, it said at page 232, with respect to terminal areas:

In administering the provisions of section 202 (c) (2), we shall consider that a carrier's "terminal area" is the corporate limits or the designated or recognized limits of the village, town, or city in which transfer, collection, or delivery service by motor vehicle is performed, unless the carrier incorporates in its tariffs or schedules on file with this Commission a description of a terminal area either greater or less in extent than the corporate limits. It is not necessary that the terminal areas of all line-haul carriers serving any particular point be the same.

Here, as indicated above, there is no evidence of record establishing the limits of the terminal areas of the line-haul carriers served by applicants. Following the above-cited case, however, we may assume that such areas are at least coextensive with the corporate limits of Pittsburg. Proceeding upon that assumption and the fact that applicants' collection and delivery services have been confined to points within the corporate limits of Pittsburg, we conclude that such services are exempt from the certificate and permit requirements of the act, and that the application to the extent reopened should be denied. On reconsideration, we find that the collection and delivery services performed by applicants at Pittsburg, Kans., for line-haul motor common carriers are exempt from the certificate and permit requirements of the act, as amended, and that the application to the extent reopened should be dismissed.

An appropriate order will be entered.

LEE, Commissioner, concurring:

I concur in the result, although I do not approve the conclusion that we may assume that the terminal areas of the line-haul carriers for which applicants perform collection and delivery service are coextensive with the corporate limits of Pittsburg. The record shows that applicants' service is limited to collection and delivery service which necessarily is performed within the terminal areas of line-haul carriers at Pittsburg.

43 M. C. C.

No. MC-3647 (SUB-No. 7)1

PUBLIC SERVICE INTERSTATE TRANSPORTATION COMPANY CHANGE OF ROUTE-BERGEN TURNPIKE

Submitted July 22, 1943. Decided July 21, 1944

1. In No. MC-3647 (Sub-No. 7), present and future public convenience and necessity found to require operation by applicant as a common carrier by motor vehicle, in interstate or foreign commerce, of passengers and their baggage, over a regular route between Fairview and Union City, N. J., serving all intermediate points.

2. In Nos. MC-3699 (Sub-No. 3) and MC-3700 (Sub-No. 3), public convenience and necessity found to require operation by Manhattan Coach Lines, Inc., or by Manhattan Transit Company, but not by both, as a common carrier by motor vehicle of passengers and their baggage, and of express, mail, and newspapers in the same vehicle with passengers, over a regular route between Fairview and Weehawken, N. J., for operating convenience only, serving no intermediate points. Applicants required to make an election within 60 days after the service of this report as to which one of the two shall receive the certificate.

3. In Nos. MC-3701 (Sub-No. 3) and MC-3705 (Sub-No. 3), public convenience and necessity found to require operation by Westwood Transportation Company or by Westwood Transportation Lines, Inc., but not by both, as a common carrier by motor vehicle, in interstate or foreign commerce, of passengers and their baggage, and of express, mail, and newspapers in the same vehicle with passengers over a regular route between Fairview and Weehawken, N. J., for operating convenience only, serving no intermediate points. Applicants required to make an election within 60 days after the service of this report as to which one of the two shall receive the certificate.

4 In No. MC-13492 (Sub-No. 4), public convenience and necessity found to require operation by applicant as a common carrier by motor vehicle, in interstate or foreign commerce, of passengers and their baggage, over a regular route between Fort Lee and North Bergen, N. J., serving all intermediate points.

5. Issuance of certificates to the respective applicants approved upon compliance with certain requirements, and applications in all other respects denied. Leland Taliaferro for applicant in No. MC-3647 (Sub-No. 7) and protestant in Nos. MC-3699 (Sub-No. 3), MC-3700 (Sub-No. 3), MC-3701 (Sub-No. 3), MC-3705 (Sub-No. 3), and MC-13492 (Sub-No. 4).

Wilmer A. Hill and George M. Eichler for applicants in Nos. MC-3699 (Sub-No. 3), MC-3700 (Sub-No. 3), MC-3701 (Sub-No. 3),

This report also embraces the applications described in the appendx hereto.

and MC-3705 (Sub-No. 3), and protestants in Nos. MC-3647 (Sub-No. 7) and MC-13492 (Sub-No. 4).

Theodore C. Baer for interveners and protestants and John F. Finerty for interveners in Nos. MC-3647 (Sub-No. 7), MC-3699 (Sub-No. 3), MC-3700 (Sub-No. 3), MC-3701 (Sub-No. 3), MC-3705 (Sub-No. 3), and MC-13492 (Sub-No. 4).

Wiliam E. Barrison for applicant in No. MC-13492 (Sub-No. 4) and interveners in Nos. MC-3699 (Sub-No. 3) and MC-3700 (Sub-No. 3).

Frederick E. Reithmuller for intervener in Nos. MC-3647 (Sub-No. 7), MC-3699 (Sub-No. 3), and MC-3700 (Sub-No. 3), and for protestant in Nos. MC-3701 (Sub-No. 3) and MC-3705 (Sub-No. 3).

Grover James, James F. X. O'Brien, and Maurice J. Cronin for protestants in Nos. MC-3699 (Sub-No. 3), MC-3700 (Sub-No. 3), MC3701 (Sub-No. 3), and MC-3705 (Sub-No. 3).

Morton Lexow for interveners and protestants in Nos. MC-3647 (Sub-No. 7), MC-3699 (Sub-No. 3), MC-3700 (Sub-No. 3), MC-3701 (Sub No. 3), and MC-3705 (Sub No. 3).

Henry P. Goldstein for protestants in Nos. MC-3647 (Sub-No. 7), and MC-13492 (Sub-No. 4).

George F. Cassidy for applicant in No. MC-13492 (Sub-No. 7) and protestants in Nos. MC-3701 (Sub-No.3) and MC-3705 (Sub-No 3). William H. Blake for protestant in Nos. MC-3701 (Sub-No. 3) and MC-3705 (Sub-No. 3).

Donald M. Waesche and Francis V. D. Lloyd for interveners in Nos. MC-3701 (Sub-No.3) and MC-3705 (Sub-No. 3).

REPORT OF THE COMMISSION

DIVISION 5, COMMISSIONERS LEE, ROGERS, AND PATTERSON

BY DIVISION 5:

This report covers the six related applications listed in the appendix. Nos. MC-3699 (Sub-No. 3) and MC-3700 (Sub-No. 3) were heard on a consolidated record and were the subject of a single report and recommended order by a joint board. The same is true of Nos. MC-3701 (Sub-No. 3) and MC-3705 (Sub-No. 3). The two remaining applications were heard separately and were the subjects of separate reports and recommended orders by a joint board.

Exceptions to reports and recommended orders of the joint board and replies thereo were filed as follows: In No. MC-3647 (Sub-No. 7), by protestant motor carriers and applicant replied; in Nos. MC-3699 (Sub-No. 3), MC--3700 (Sub-No. 3), and Nos. MC-3701 (Sub-No. 3), and MC-3705 (Sub-No. 3) by applicants and by protestant motor carrier, and replies were filed by each to the exceptions of the other; and

in No. MC-13492 (Sub-No. 4) by protestants to which applicant replied. The township of Teaneck and the village of Ridgefield Park were allowed to intervene in Nos. MC-3701 (Sub-No. 3) and MC-3705 (Sub-No. 3) after service of the report and recommended order of the joint board. Our conclusions differ in part from those recommended in Nos. MC-3701 (Sub-No. 3) and MC-3705 (Sub-No. 3).

By application, No. MC-3647 (Sub-No. 7), filed June 21, 1939, as amended, Public Service Interstate Transportation Company, a corporation, of Newark, N. J., (hereinafter called Public Service) seeks a certificate of public convenience and necessity authorizing operation as a common carrier by motor vehicle, in interstate or foreign commerce, of passengers and their baggage, between the intersection of Broad and Fairview Avenues, in Fairview, N. J., and the intersection of Hudson County Boulevard, Bergen Turnpike, and Thirty-second Street, at the North Bergen-Union City, N. J. line, over the route described in the appendix hereto, serving all intermediate points.

By applications, Nos. MC-3699 (Sub-No. 3) and MC-3700 (Sub-No. 3), filed June 28, 1939, as amended, Manhattan Coach Lines, Inc., and Manhattan Transit Company, a corporation, both of Clifton, N. J., (hereinafter sometimes referred to collectively as Manhattan) seek certificates authorizing operation as common carriers by motor vehicle, in interstate or foreign commerce, of passengers and their baggage, and of light express, mail, and newspapers in the same vehicle with passengers, over a regular route between Fairview, N. J., and Weehawken, N. J., as described in the appendix hereto, serving all intermediate points.

By applications, Nos. MC-3701 (Sub-No. 3) and MC-3705 (Sub-No. 3), filed July 29, 1939, as amended, Westwood Transportation Company, a corporation, and Westwod Transportation Lines, Inc., (hereinafter sometimes referred to collectively as Westwood), both of Little Ferry, N. J., seek certificates authorizing operation as common carriers by motor vehicle, in interstate or foreign commerce, of passengers and their baggage, and of express, mail, and newspapers in the same vehicle with passengers over three regular routes, (1) between Fairview and Weehawken, (2) between Palisades Park, N. J., and Fairview, and (3) between Ridgefield Park and Hackensack, N. J., all as described in the appendix hereto.

By application, No. MC-13492 (Sub-No. 4), filed August 19, 1942, as amended, North Boulevard Transportation Co., (hereinafter called North Boulevard) a corporation, of North Bergen, N. J., seeks a certificate of public convenience and necessity authorizing operation as a common carrier by motor vehicle, in interstate or foreign commerce, passengers and their baggage, between Fort Lee, N. J., and North

of