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Telecom Costs Order CRTC 2005-1
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Ottawa, 8 August 2005 |
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Application for costs by The British Columbia Old Age Pensioners'
Organization et al. - Regulatory framework for voice communication
services using Internet Protocol, Telecom Public Notice CRTC
2004-2
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Reference: 8663-C12-200402892
and 4754-238 |
1.
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By letter dated 15 October
2004, the British Columbia Public Interest Advocacy Centre (BCPIAC),
on behalf of the British Columbia Old Age Pensioners' Organization
(BCOAPO), the Council of Senior Citizens' Organizations of British
Columbia, the federated anti-poverty groups of British Columbia, the
Senior Citizens' Association of British Columbia, the West End Seniors'
Network, the End Legislated Poverty and the Tenants Rights Action
Coalition (collectively, BCOAPO et al.), applied for costs with respect
to BCOAPO et al.'s participation in the proceeding initiated by
Regulatory framework for voice communication services using Internet
Protocol, Telecom Public Notice CRTC 2004-2,
7 April 2004 (the Public Notice 2004-2
proceeding). |
2.
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By letter dated 2 November
2004, Aliant Telecom Inc., Bell Canada, Saskatchewan Telecommunications
and Télébec, société en commandite (collectively, the Companies),
indicated that they did not oppose the costs application. By letter
dated 3 November 2004, TELUS Communications Inc. (TCI) indicated that it
considered the application for costs to be reasonable and did not
object. |
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The application
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3.
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BCOAPO et al. 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)
because it represented a group or class of subscribers who receive a
benefit or suffer a detriment as a result of the proceeding, it
participated responsibly and it contributed to a better understanding of
the issues. |
4.
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BCOAPO et al. submitted a bill
of costs with the application, claiming a total amount of $14,526.62.
This amount represents $13,509.86 in fees associated with the
preparation of submissions and attendance at the public hearing,
consisting of 51.30 hours of work by its legal counsel. It also claimed
$1,016.76 in disbursements. |
5.
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BCOAPO et al. submitted that
the respondents should be the Companies, TCI and MTS Allstream Inc. (MTS
Allstream). |
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Commission analysis and determination
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6.
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The Commission finds that BCOAPO
et al. have met the criteria for a costs award set out in subsection
44(1) of the Rules. Specifically, the Commission finds that BCOAPO
et al.: (a) represented a class of subscribers that has an interest
in the outcome of the Public Notice 2004-2
proceeding of such a nature that the group of subscribers will receive
a benefit or suffer a detriment as a result of the proceeding; (b)
participated in a responsible way; and (c) contributed to a better
understanding of the issues by the Commission. |
7.
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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. |
8.
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The Commission notes that the
rate claimed in respect of legal counsel fees is in accordance with the
rate set out in the Legal Directorate's Guidelines for the Taxation
of Costs, 15 May 1998. The Commission also finds that the total
amount claimed by BCOAPO et al. was necessarily and reasonably incurred
and should be allowed. |
9.
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The Commission is of the view
that the amount claimed for costs is relatively small. In order to limit
the number of parties from whom the applicant is to collect the costs,
the Commission names the following parties as respondents: the
Companies, TCI and MTS Allstream. |
10.
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The Commission notes that it
has, in previous decisions, allocated the responsibility for the payment
of costs among respondents on the basis of the respondents'
telecommunications operating revenues (TORs), as an indicator of the
relative size and interest of the parties involved in the proceeding.
The Commission is of the view that, in the present circumstances, it is
appropriate to apportion the costs among the respondents in proportion
to their most recent TORs. Those proportions are as follow: |
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the Companies |
62% |
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TCI |
30% |
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MTS Allstream |
8% |
11.
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Consistent with previous
decisions, the Commission makes Bell Canada responsible for the payment
on behalf of the Companies. |
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Directions as to costs
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12.
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The Commission approves
the application by BCPIAC, on behalf of BCOAPO et al., for costs with
respect to its participation in the Public Notice 2004-2
proceeding. |
13.
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Pursuant to subsection 56(1) of
the Telecommunications Act, the Commission fixes the costs to be
paid to BCPIAC, on behalf of BCOAPO et al., at $14,526.62. |
14.
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The Commission directs that the
award of costs to BCPIAC, on behalf of BCOAPO et al. be paid forthwith
by the Companies, TCI and MTS Allstream, according to the proportions
noted in paragraph 10. |
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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
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