Costs Order CRTC 2001-12

Ottawa, 4 October 2001

Reference: 8623-C12-01/00 and 4754-191

Application for costs by Action Réseau Consommateur (ARC)

On 26 June 2001, Action Réseau Consommateur (ARC) 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.

ARC submitted that it satisfies the three criteria for an award of costs under subsection 44(1) of the CRTC Telecommunications Rules of Procedure (the Rules). Further, ARC requested that its costs be fixed at $1,142.86 so as to dispense with the process of taxation.

In a letter dated 3 August 2001, ARC 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%).

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.

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 ARC, 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.

The Commission considers that ARC has satisfied the criteria for an award of costs set out in subsection 44(1) of the Rules.

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.

The Commission is of the view that the amount claimed by ARC was reasonably and necessarily incurred and should be allowed.

Considering the small 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%).

ARC'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 ARC at $1,142.86.

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