III. CONCLUSION

For the reasons stated above, the applications for hearing of D.05-11-029 filed by TURN and ORA jointly, and by Verizon and MCI jointly, are denied because no legal error has been shown.

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THEREFORE, IT IS ORDERED that:

1. Rehearing of D.05-11-029 is denied.

2. This proceeding is closed.

This order is effective today.

Dated April 27, 2006, at San Francisco, California.

MICHAEL R. PEEVEY

President

JOHN A. BOHN

RACHELLE B. CHONG

DIAN GRUENEICH

Commissioners

Commissioner Brown reserves the right to file a dissent.

/s/ GEOFFREY F. BROWN

Commissioner

Commissioner Grueneich reserves the right to file a concurrence.

/s/ DIAN GRUENEICH

Commissioner

Dissent of Commissioner Geoffrey F. Brown

For the reasons stated in my earlier dissent (and that of Commissioner Grueneich) in D. 05-11-029, I remain unconvinced that this rehearing decision has addressed my and litigants' concerns about the procedural due process violations that permeated virtually every aspect of this proceeding. Simply stated, the assigned commissioner's approach, rulings, and analysis were unfair. The unprecedented and shifting legal rationales and the refusal to hear and consider contested evidence are emblematic of a process so preordained as to warrant a judicial imposition of a mandate for reconsideration. I wish this process were, in fact, close enough to being within the boundaries of acceptable procedure that I could swallow hard and vote to deny the rehearing. It was not.

For that reason, inter alia, I respectfully dissent.

Dated April 27, 2006, at San Francisco, California.

/s/ GEOFFREY F. BROWN

Geoffrey F. Brown

Commissioner