Order 15694 - Domingo Castillo: Appl. for Taxi Certificate

 

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS

DIVISION OF PUBLIC UTILITIES AND CARRIERS

100 ORANGE STREET

PROVIDENCE, RHODE ISLAND 02903

DATE OF APPLICATION: April 16, 1998

HEARING DATES: May 13, May 26,

June 18, July 29, 1998

COMMODITY: Taxicab

ORDER

By application filed with the Division of Public Utilities and Carriers, Domingo G. Castillo, 124 Dodge Street, Providence, RI 02907 seeks operating authority allowing for the transportation of passengers as a taxicab service in the cities of Providence and Cranston, RI.

A duly noticed hearing on this application was held on May 13 with continuances, at the request of Applicant's Counsel, to May 26, June 18 and July 29, 1998.

APPEARANCES:

Donald Woodbine, Esq. for the Applicant

Stephen Voccola, Esq. for the Protestants

Mr. Domingo G. Castillo testified on his own behalf at the July 29, 1998 hearing. He explained that he has a number of years of experience in operating taxicabs including a 12 year period driving cabs in the City of New York. Upon moving to Rhode Island, approximately 5 years ago, Mr. Castillo began operating a taxicab in the Providence area. During this 5 year period he operated a cab for Gonzalez Taxi Service ("Gonzalez"). Mr. Castillo explained that he feels there is a need for another taxicab in the cities of Providence and Cranston, RI. For this reason he filed the instant application.

Ms. Michelle Garcia testified on behalf of her father in support of his application. Her testimony was limited to her father's good character.

Another witness testifying in support of the application was Mr. Gerald Grantmaier, Dexter Manor, Providence, RI. This witness stated that he utilizes the services of taxicabs at least once or twice a week. He further stated that whenever he called Gonzalez, which is his preferred cab company, he would always request the services of the Applicant.

Although Mr. Grantmaier supports the granting of the application, because of his appreciation for the services received by the Applicant, he did say that he has never experienced any problems in obtaining taxicab service (Tr. 7/29/98 p. 33).

The next witness to testify in support of the instant application was Mrs. Ramona Gomez, [1 This witness is the wife of Tomas Gomez who is also seeking authority from this office to operate a taxicab in the Providence and Cranston, RI area. The application of Mr. Gomez (Docket 98-MC-37) and the application of Mr. Castillo are companion applications. Both applicants requested that their respective hearings be held on the same day with the same legal counsel.] of Providence, RI. This individual testified that although she owns her own car, she has used the services of the Applicant on several occasions while he was employed by Gonzalez. She explained that she was very satisfied with the services she received.

The last witness to testify in support of the instant application was Mr. Tomas Gomez.  [2 This witness is the husband of the previous witness; Ramona Gomez. In addition, this witness is the applicant in Docket 98-MC-37 seeking identical taxicab operating authority.]  This witness drives a cab for Gonzalez. He has worked for this cab company for approximately four years. Mr. Gomez voiced his opinion that additional Spanish-speaking taxicabs are needed in the areas of Providence and Cranston, RI.

Testifying in opposition to the granting of the application was Mr. Joseph Andreozzi, owner of Executive Taxi. This witness holds authority from this office allowing the operation of 4 taxicabs in the cities of Providence, Cranston, and T.F. Green Airport. His testimony centered on his opinion that there is no need for additional cabs in the cities of Providence and Cranston, RI.

Mrs. Evelyn Gonzalez testified as a witness for Executive Taxi. Her testimony reflected that of Mr. Andreozzi wherein she feels there is no need for additional taxicabs within the cities of Providence and Cranston, RI.

FINDINGS

After a review of the record in this proceeding, the Division has determined that the Applicant is fit, willing, and able to operate a taxicab business, but has not satisfied the burden of proof as to the requirements of public convenience and necessity.

Accordingly, it is

(15694) ORDERED:

That this application is hereby denied without prejudice.

DATED AND EFFECTIVE AT PROVIDENCE, RHODE ISLAND THIS TWENTY-SECOND DAY OF SEPTEMBER, 1998.