D0612044 Order Modifying and Granting Limited Rehearing of D0608030 and Denying rehearing of Decision, as modified, in all other respects

3. Relevant Markets

TURN and DRA contend that the Decision errs because: (a) the Decision allegedly rescinds or modifies the definition of relevant markets adopted in the November 2005 SBC/AT&T and Verizon/MCI Merger Decisions²⁵ (the Merger Decisions) in violation of section 1708; and (b) the April 2005 OIR did not mention the market concept, and thus, the parties had no opportunity to comment regarding the issue of relevant markets. (TURN/DRA Rhg. App., pp. 27-29.)

²⁵ In the Matter of the Joint Application of SBC Communications, Inc. (SBC) and AT&T Corp. Inc. (AT&T) for Authorization to Transfer Control of AT&T's Communications of California (U-5002), TCG Los Angeles, Inc. (U-5462), TCG San Diego (U-5389), and TCG San Francisco (U-5454) to SBC, Which Will Occur Indirectly as of AT&T's Merger With a Wholly-Owned Subsidiary of SBC, Tau Merger Sub Corporation (SBC/AT&T Merger Decision) [D.05-11-028] (2005) __ Cal.P.U.C. __, 2005 Cal.PUCLEXIS 516; and In the Matter of the Joint Application of Verizon Communications, Inc. (Verizon) and MCI, Inc. (MCI) to Transfer Control of MCI's California Utility Subsidiaries to Verizon, Which Will Occur Indirectly as a Result of Verizon's Acquisition of MCI (Verizon/MCI Merger Decision) [D.05-11-029] (2005) __ Cal.P.U.C. __, 2005 Cal.PUCLEXIS 517.