|
Costs Order CRTC 2001-11
|
|
Ottawa, 4 October 2001
|
|
Monitoring the Canadian telecommunications industry
|
|
Reference: 8623-C12-01/00 and 4754-190 |
|
Application for costs by the Consumers' Association of Canada,
the BC Old Age Pensioners' Organization, the Council of Senior
Citizens' Organizations of BC, the West End Seniors' Network, the
Senior Citizens' Association of BC, the Federated Anti-Poverty
Groups of BC and Local 1-217 IWA Seniors (CAC/BCOAPO et al)
|
1. |
On 11 May 2001, CAC/BCOAPO et al. applied for costs associated
with its participation in the above-referenced consultation, which
was initiated with the release of Public Notice CRTC 2000-175, Monitoring
the Canadian telecommunications industry, dated
15 December 2000.
|
2. |
CAC/BCOAPO et al. submitted that it satisfies the criteria for an
award of costs under subsection 44(1) of the CRTC
Telecommunications Rules of Procedure (the Rules).
|
3. |
In a letter dated 3 August 2001, CAC/BCOAPO et al. requested that
its costs be fixed at $8,858.13 so as to dispense with taxation. CAC/BCOAPO
et al. further submitted that the appropriate respondents, and their
respective share of the costs to be paid, be as follows: Bell Canada
(35%), TELUS Communications Inc. (TCI) (15%), Rogers Communications
Inc. (10%), AT&T Canada Corp./AT&T Canada Telecom Services
Company (10%), Vidéotron Communications Inc. (10%), AOL Canada Inc.
(10%) and Call-Net Enterprises Inc. (10%).
|
4. |
Vidéotron submitted, among other things, that it should not be a
respondent because it was not a party to the consultation initiated
by PN 2000-175.
|
5. |
Bell Canada, on behalf of itself, Aliant Telecom Inc., MTS Communications Inc.,
Saskatchewan Telecommunications and Télébec ltée, stated
that it did not object to an award of costs to CAC/BCOAPO et al.,
nor to the amount claimed. Bell Canada further submitted, among
other things, that the respondents should be those parties that were
affected by the proceeding and who actively participated in it.
|
|
Commission determinations
|
6. |
The Commission considers that CAC/BCOAPO et al. has satisfied the
criteria for an award of costs set out in subsection 44(1) of the
Rules.
|
7. |
The Commission also considers that this is an appropriate case in
which to dispense with taxation and fix the costs in accordance with
the streamlined procedure set out in Telecom Public Notice CRTC 98-11, New procedure for Telecom costs awards, dated 15 May
1998.
|
8. |
The Commission is of the view that the amount claimed by CAC/BCOAPO
et al. was reasonably and necessarily incurred, and should be
allowed.
|
9. |
Considering the amount claimed, and the active role played by
Bell Canada and TCI in this consultation, the Commission is of the
view that Bell Canada and TCI should be the respondents. Further,
the Commission considers that each respondent should pay, on behalf
of itself and the companies they represented in this consultation,
in the following proportions: Bell Canada (70%) and TCI (30%).
|
|
Direction as to costs
|
10. |
CAC/BCOAPO et al.'s application for an award of costs is
approved. Pursuant to subsection 56(1) of the Telecommunications
Act, the Commission fixes the costs to be paid to CAC/BCOAPO et
al. at $8,858.13.
|
11. |
In addition, Bell Canada shall pay 70% and TCI shall pay 30% of
the costs fixed herein forthwith, on behalf of themselves and the
companies they represented in this consultation.
|
|
Secretary General
|
|
This document is available in alternative format upon request
and may also be examined at the following Internet site: http://www.crtc.gc.ca
|