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Telecom Costs Order CRTC 2006-13
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Ottawa, 2 November 2006 |
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Utilities Consumers' Group – Application for costs – Review of
regulatory framework for Northwestel Inc., Telecom Public Notice CRTC
2006-1
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Reference:
8663-C12-200600066 and 4754-276 |
1. |
By letter dated 23 July
2006, the Utilities Consumers' Group (UCG) applied for costs with
respect to its participation in the proceeding initiated by Review
of regulatory framework for Northwestel Inc., Telecom Public
Notice CRTC 2006-1, 17 January 2006 (Public Notice 2006-1). |
2. |
By letter dated 6
September 2006, Northwestel Inc. (Northwestel) stated that it had no
comments on this application. |
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The application
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3. |
UCG submitted that it
met the criteria for an award of costs set out in subsection 44(1) of
the CRTC Telecommunications Rules of Procedure (the Rules), as
it represented a group of subscribers that had an interest in the
outcome of the proceeding, had participated responsibly and had
contributed to a better understanding of the issues. |
4. |
UCG submitted a bill of
costs with its application, claiming a total amount of $9,275.00.
This amount represents $8,904.00 in analyst/consultant fees and
$371.00 in disbursements. UCG's claim included the Federal Goods and
Services Tax (GST) on fees and disbursements less the rebate to which
UCG is entitled in connection with GST. |
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Commission analysis and determination
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5. |
The Commission finds
that UCG has satisfied the criteria for an award of costs set out in
subsection 44(1) of the Rules. Specifically, the Commission finds that
UCG represents a group or class of subscribers that has an interest in
the outcome of the proceeding, has participated in a responsible way,
and has contributed to a better understanding of the issues by the
Commission. |
6. |
The Commission finds
that the fees and disbursements claimed are in accordance with the
rates set out in the Legal Directorate's Guidelines for the
Taxation of Costs, revised as of 15 May 1998. |
7. |
The Commission notes,
however, upon review of the file, an error in the calculation of the
total amount owing. In particular, the Commission notes that while UCG
claimed $9,275.00 in fees, including GST, it failed to deduct the GST
rebate although the availability of this rebate was indicated
elsewhere in its application. The Commission, therefore, finds that
the total amount of the claim should be adjusted to $9,012.50 in order
to reflect the GST rebate. |
8. |
The Commission finds
that the adjusted total amount claimed was necessarily and reasonably
incurred and should be allowed. |
9. |
The Commission is of
the view that this is an appropriate case in which to fix the costs
and dispense with taxation, in accordance with the streamlined
procedure set out in New procedure for Telecom costs awards,
Telecom Public Notice CRTC 2002-5, 7 November 2002. |
10. |
The Commission names
Northwestel as the respondent to the application. |
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Direction as to costs
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11. |
The Commission
approves the application by UCG for costs with respect to its
participation in the Public Notice 2006-1 proceeding. |
12. |
Pursuant to subsection
56(1) of the Telecommunications Act, the Commission fixes the
costs to be paid to UCG at $9,012.50. |
13. |
The Commission directs
that the award of costs to UCG be paid forthwith by Northwestel. |
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Secretary General |
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This document is
available in alternative format upon request, and may also be examined
in PDF format or in HTML at the following Internet site:
http://www.crtc.gc.ca |