dissenting:
I respectfully dissent. In my opinion the Public Utilities Commission (Commission) has not been given the authority by the state legislature to absolutely deny an application for transfer of a contract carrier permit because the transferee will have the “possibility” or “substantial opportunity” to engage in discrimination or unfair competition.
*668From 19311 to date, competition between contract carriers and common carriers has been regulated under the standards established by the General Assembly, now codified in part in sections 40-11 — 103 and 40-11-105, C.R.S.1973.
These standards have been recognized by this court in P. U. C. v. Stanton Transportation Co., 153 Colo. 372, 386 P.2d 590 (1963) (proceeding to transfer a contract carrier permit); Ward Transport, Inc. v. P. U. C., 151 Colo. 76, 376 P.2d 166 (1962) (extension of a contract carrier permit); Archibald v. Commission, 115 Colo. 190, 171 P.2d 421 (1946) (proceeding to extend service or for exemption from acquiring a contract carrier permit).
The general policy of the law regulating contract carriers vis-a — vis common carriers is to prevent destruction or impairment of the service or business of common carriers by discrimination or unfair competition not to protect common carriers from all competition. The authority granted to the Commission to implement that policy is not unlimited. As clearly set out in section 40-11-105(2), C.R.S.1973, the Commission’s powers are limited to prescribing minimum rates, fares, and charges for the contract carrier which are not less than those prescribed for common carriers. Further, as we stated in P. U. C. v. Stanton Transportation Co., supra, it may attach to the transfer of the permit such terms and conditions as are reasonable.
“Possibility,” or “good probability” or “substantial opportunity” for unfair competition are not in my opinion sufficient to justify denial of a permit transfer. However, even assuming that such standards are appropriate, the remedy available to the Commission is to prescribe rates, fares, and charges to prevent price competition and establish, if necessary, reasonable conditions to the transfer of the permit as may be required under the circumstances.
The denial of the transfer application based on speculation or conjecture that the competition provided by Mobile might possibly impair the business of the common carriers is without statutory support.
I would reverse the judgment of the district court upholding the decision of the Commission.
. Colo.Sess.Laws 1931, ch. 120 at 465-80.