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Telecom Costs Order CRTC 2006-17
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Ottawa, 2 November 2006 |
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Application for costs by the Public Interest Advocacy Centre
on behalf of the Consumer Groups – Rate ranges for services other
than voice over Internet protocol services, Telecom Public Notice
CRTC 2006-8
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Reference:
8661-C12-200606965 and 4754-278 |
1. |
By letter dated 30
August 2006, the Public Interest Advocacy Centre (PIAC), on behalf of
the Consumer Groups, applied for costs with respect to their
participation in the proceeding initiated by Rate ranges for
services other than voice over Internet protocol services,
Telecom Public Notice CRTC 2006-8, 9 June 2006 (the Public
Notice 2006-8 proceeding). |
2. |
By letter dated 11
September 2006, Bell Canada filed comments on behalf of Bell Aliant
Regional Communications, Limited Partnership, Bell Canada,
NorthernTel, Limited Partnership, Saskatchewan Telecommunications and
Société en commandite Télébec (collectively, the Companies). |
3. |
PIAC did not file a
reply to the comments submitted regarding its costs application. |
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The application
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4. |
The Consumer Groups
submitted that they had met the criteria for an award of costs set out
in subsection 44(1) of the CRTC Telecommunications Rules of
Procedure (the Rules) as they represent a group of subscribers
that had an interest in the outcome of the Public Notice 2006-8 proceeding, they had participated responsibly in the Public
Notice 2006-8 proceeding, and they had contributed to a better
understanding of the issues by the Commission. |
5. |
The Consumer Groups
filed a bill of costs with their application, claiming a total amount
of $2,840.74, consisting of $497.49 in legal fees and $2,343.25 in
consulting fees. PIAC's claim included the Federal Goods and Services
Tax (GST) on fees less the rebate to which PIAC is entitled in
connection with the GST. |
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Answer
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6. |
In answer to the
application, the Companies indicated that they did not oppose PIAC's
entitlement to costs or the amount claimed. |
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Commission analysis and determination
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7. |
The Commission finds
that the Consumer Groups have satisfied the criteria for an award of
costs set out in subsection 44(1) of the Rules. Specifically, the
Commission finds that the Consumer Groups are representative of a
group or class of subscribers that has an interest in the outcome of
the proceeding, have participated in a responsible way, and have
contributed to a better understanding of the issues by the Commission. |
8. |
The Commission notes
that the rates claimed in respect of legal fees 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. The Commission also
finds that the total amount claimed by PIAC 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 award,
Telecom Public Notice CRTC 2002-5, 7 November 2002. |
10. |
With respect to the
issue of the appropriate respondents, the Commission notes that it has
generally determined that the appropriate respondents to an award of
costs are the parties who are affected by the issues and have
participated actively in the proceeding. However, the Commission has
also been sensitive to the fact that if too large a number of
respondents are named, the applicant may have to collect small amounts
from many respondents. Accordingly, the Commission concludes that the
Companies are the appropriate respondents to this application. |
11. |
Consistent with its
general approach articulated in Telecom Costs Order CRTC 2002-4,
24 April 2002, the Commission makes Bell Canada responsible for
payment on behalf of the Companies, and leaves it to the members of
the Companies to determine the appropriate allocation of the costs
among themselves. |
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Direction as to costs
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12. |
The Commission
approves the application by PIAC, on behalf of the Consumer
Groups, for an award of costs with respect to their participation in
the Public Notice 2006-8 proceeding. |
13. |
Pursuant to subsection
56(1) of the Telecommunications Act, the Commission fixes the
costs to be paid to the Consumer Groups at $2,840.74. |
14. |
The Commission directs
that the award of costs to the Consumer Groups be paid forthwith by
Bell Canada on behalf of the Companies. |
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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 |