March 28, 2003

Mark D. Harrington, City Attorney

Park City Municipal Corporation

445 Marsac Avenue

PO Box 1480

Park City, Utah 84060

Steven O. Lewis, President

Lewis Brothers Stages, Inc

549 West 500 South

Salt Lake City, Utah 84101

RE: Lewis Brothers Stages, Inc. Charter Complaint

Docket Number 2002-14

Dear Mr. Harrington and Mr. Lewis:

In response to our letter of January 31, 2003, Park City provided a
response to Lewis Brothers Complaint and evidence with regard to the
service it has been providing. We commend Lewis Brothers on its efforts
to resolve this issue without the need to file a formal complaint.

Lewis Brothers filed its formal complaint with the Secretary of
Transportation on December 19, 2003. Lewis Brothers states that they
provide seasonal regular route scheduled service between the Salt Lake
City International Airport and Park City. They also provide charter
service for undertakings such as the Sundance Film Festival and have
contracted with the Sundance Institute for about 15 years to charter
buses for that festival. Lewis Brothers alleges that Park City entered
into a contract with the Sundance Institute to provide a substantial
portion of the service that Lewis Brothers had provided. As a result,
Lewis Brothers states that it has been damaged in the amount of \$65,000
for loss of business.

On March 3, 2003, Park City provided its response to Lewis Brothers\'
Complaint and addressed the elements that define charter service under
the FTA regulations at 49 CFR 604.5(e). Charter is defined in the
regulations as \"transportation using buses or vans, or facilities
funded under the Acts, of a group of persons who pursuant to a common
purpose, under a single contract, at a fixed charge (in accordance with
the carrier\'s tariff) for the vehicle or service, have acquired the
exclusive use of the vehicle or service to travel together under an
itinerary either specified in advance or modified after having left the
place of origin.\"

Park City describes the service it is providing as expanded public
transit service and in support of that premise addresses the elements of
charter described above. Park City states that their service is
available to anyone who shows up at a bus stop, not to any particular
group. The service is open door, that is, available to the general
public. Park City admits that there is a Master Festival License and
Service Agreement for the Sundance Festival, but points out that the
license does not provide for a single contract for charter services. In
that Agreement, Park City refers to the need for expanded City Transit
service during the festival, and specifically provides at Paragraph 9:
\"The costs associated with the bus service shall be paid by Park City.
The transportation plans contemplated by this paragraph are intended as
an enhancement to Park City\'s public transportation to meet the needs
of the public during the Use Periods and are not to be construed as the
provision of \'charter\' services.\"

The special event service is not for the exclusive use of Sundance Film
Festival attendees. Anyone may ride the bus. The buses operate according
to timed schedules set by Park City. The routes used during the Sundance
Film Festival are expanded regular bus routes that stop at regular bus
stops.

Applying the criteria set out in the Charter Regulation at 49 CFR
604.5(e) we find that Park City is not operating charter service in
conjunction with the Sundance Film Festival. In accordance with 49 CFR
604.19, appeals of this decision must be made within ten days of receipt
of this decision. The appeal should be sent to Jennifer Dorn,
Administrator, Federal Transit Administration, 400 Seventh Street, S.W.,
Room 9328, Washington, D.C. 20590.

Yours truly,

Lee O. Waddleton

Regional Administrator