PUC judge takes Baby Fox Tours application under advisement after hearing on overlapping route concerns

An administrative law judge with the Public Utilities Commission said she would take under advisement an application from Baby Fox Tours LLC seeking a certificate of public convenience and necessity to operate as a common carrier by motor vehicle for hire across multiple Colorado routes.

Judge Kelly Rosenberg, the administrative law judge assigned to proceeding number 25ADash0293CP, opened the hearing and said the applicant, opposition and the Commission would have an opportunity to present evidence before a written decision is issued. “We will take the matter under advisement. I will then issue a written decision,” Rosenberg said on the record. She also warned parties the written decision could take at least a week to be issued.

The case centers on Xiaomi Fox’s application for a license to provide call-and-demand, charter, shuttle and sightseeing services statewide, including airport pickup and service to ski resorts and national parks. Xiaomi Fox appeared on her own behalf as the applicant; her husband, William Jameson Fox, testified in support. Roman Lysenko, representing intervenors Red Rock Shuttle Explorators and Epic Charter (MountainStar/Epic Charter), testified on behalf of those companies.

Applicant testimony William Jameson Fox testified that Baby Fox Tours LLC is a small, owner-operated business seeking to serve primarily Mandarin-speaking visitors and that the company’s application covers a single vehicle. “Xiaomi’s goal with this tour company is to provide tour services to predominantly, not exclusively, but predominantly Mandarin speakers,” William Fox said. He described the operation as bespoke, with routes planned to customers’ needs. He also told the commission the application reflects a single vehicle and said the application’s passenger count showed “1 vehicle, 8 people total including the driver.” (William Jameson Fox provided that description in his testimony.)

Intervenor testimony and evidence Roman Lysenko, owner of MountainStar and Epic Charter and counsel for the intervenors, testified that his companies already operate multiple licensed services on the routes at issue, including scheduled service, shuttles and sightseeing tours. He said MountainStar/Epic Charter operates motor coaches, shuttles, vans and other vehicles and conducts background checks, vehicle maintenance and GPS tracking for its fleet. Lysenko argued that existing providers have capacity and that no unmet demand for Mandarin-language tours has been shown in the record.

“We didn’t have any request for [Mandarin] that we’ve been asked for,” Lysenko said, adding that if customers requested Mandarin-language service his companies could provide translated audio or hire Mandarin-speaking guides.

During his testimony, Lysenko offered two documents into evidence: exhibit 200, a letter of authority for MountainStar Transportation, and exhibit 201, a letter of authority for the routes Epic Charter/Red Rock Shuttle serves. Judge Rosenberg admitted both exhibits into the record. The judge also swore witnesses and managed the hearing’s order, including direct examination and cross-examination by the parties.

Burden of proof and parties’ positions Rosenberg reminded the applicant that the applicant bears the burden of proof to show it is more likely than not that the certificate should be granted. Lysenko argued that rule 7 23 dash 1 dash 1,500 (as cited in his closing) requires applicants to demonstrate managerial, financial and operational fitness and to show unmet demand or a deficiency among existing providers before a new license is issued. He asked the Commission to dismiss the application without prejudice, saying the record lacked the proof required for a new license.

Applicant counsel and witnesses acknowledged they had not submitted formal market-demand data to the record during the hearing. William Fox said the business is intended to start small and grow from customer interest, and Xiaomi Fox declined to provide direct testimony beyond the statements and exhibits already entered.

Procedural outcome and next steps After taking testimony and admitting two exhibits, Rosenberg closed the evidentiary portion of the hearing and said she would take the matter under advisement and issue a written decision that will explain appeal procedures, if applicable. She said she could not guarantee how quickly the decision would be issued and estimated it would be at least a week before a decision is released.

No formal vote was taken at the hearing; the Commission decision remains pending. The record includes sworn testimony from William Jameson Fox and Roman Lysenko and exhibits 200 and 201 as admitted evidence.