II. CONCLUSION

We believe that modification of D.06-01-006 is warranted as discussed herein. In view of the modifications we now order, upon reviewing each and every allegation of error raised by CCSF and for all of the foregoing reasons, we find there is no merit supporting the application for rehearing of D.06-01-006, as modified. In addition, we find that there is no good cause shown for granting NextG's motion to expedite this decision and we deny the motion.

Therefore IT IS ORDERED that:

1. The following modifications are made to Decision 06-01-006:

a. The third full sentence of the second full paragraph on page 2: "We find limited facilities-based authority for carriers providing radiofrequency transport services includes installation in or on existing utility poles," is deleted and the following added in its place:

The authority granted to NextG by D.03-01-061 to provide limited facilities-based CLC services includes the authority to provide radiofrequency transport services involving construction in or on existing utility poles and other existing structures.

b. The second full sentence in the paragraph entitled "4. Discussion" on page 4: "After resolving concerns regarding the scope of the authority we granted to NextG, we then must decide whether the installation of wireless microcells and antennas on public utility poles has an adverse environmental impact under CEQA," is deleted in its entirety.

c. The second sentence in the second full paragraph on page 5 is modified to delete the word "pokes," and add the word "poles" in its place as follows:

In establishing facilities-based local exchange services, we stated carriers providing such services must "directly own, control, operate, or manage conduits, ducts, poles, wires, cables, instruments, switches, appurtenances, or appliances in connection with or to facilitate communications within the local exchange portion of the public switched network."

d. The last sentence of the second full paragraph on page 6, stating: "Again our focus is on the authority we are granting, limiting facilities-based CLC authority" is modified to delete the word "limiting" and add in its place the word "limited," as follows:

Again our focus is on the authority we are granting, limited facilities-based CLC authority.

e. Section 4.2, entitled "CEQA," beginning on page 7 and ending on page 9 is deleted.

f. Finding of Fact No. 7 is deleted and the following added in its place:

7. D.03-01-061 grants NextG a CPCN to provide radio frequency transport services as described in its application.

g. Conclusion of Law No. 2 on page 14 is deleted and the following added in its place:

2. The determination already made in D.03-01-061 that it can be seen with certainty that there is no possibility that granting NextG's application to install its equipment in or on existing buildings or structures for the purpose of providing interexchange or local exchange service will have an adverse effect upon the environment, includes installation by NextG of small antennas and microcells on existing utility poles.

2. The application for rehearing of Decision 06-01-006 as modified herein, filed by the City and County of San Francisco, is denied.

3. The motion of NextG Networks for expedited consideration of complainant's application for rehearing is denied.

4. This proceeding is closed.

This order is effective today.

Dated July 20, 2006, at San Francisco, California.

MICHAEL R. PEEVEY

President

GEOFFREY F. BROWN

DIAN M. GRUENEICH

JOHN A. BOHN

RACHELLE B. CHONG

Commissioners