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Telecom Costs Order CRTC 2005-14
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Ottawa, 17
November 2005 |
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Public
Interest Advocacy Centre - Application for costs - Telecom Public
Notice CRTC 2005-3
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Reference: 8678-C12-200505729
and 4754-251 |
1. |
By letters
dated 3 August 2005 and 2 September 2005, the Public Interest Advocacy
Centre (PIAC), on behalf of the Consumer Groups, applied for costs
with respect to their joint intervention in the proceeding initiated
by Proceeding to consider extending the price regulation regime,
Telecom Public Notice CRTC 2005-3,
13 May 2005 (the PN 2005-3
proceeding). |
2. |
By letter
dated 10 August 2005 TELUS Communications Inc. (TELUS) filed comments in
response to PIAC's application for costs. By letter dated 12 August
2005, the Canadian Cable Telecommunications Association (CCTA) filed
comments in response to PIAC's application for costs. In addition, by
letters dated 5 August 2005 and 13 September 2005 Aliant Telecom Inc.
(Aliant Telecom), Bell Canada and Saskatchewan Telecommunications
(SaskTel) (collectively, the Companies) filed comments in response to
PIAC's application for costs. PIAC did not file reply comments. |
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The application
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3. |
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 PN 2005-3
proceeding, they had participated responsibly in the PN 2005-3
proceeding, and they had contributed to a better understanding of
the issues by the Commission through their participation in the PN 2005-3
proceeding. |
4. |
The Consumer
Groups requested that the Commission fix their costs at $6,451.16,
consisting entirely of legal fees. The amount requested for legal fees
represents 27.1 hours of work for Michael Janigan at a rate of $230 per
hour. PIAC's claim included the Federal Goods and Services Tax (GST) on
fees less the rebate to which PIAC is entitled in connection with GST.
PIAC filed a bill of costs with its application. |
5. |
PIAC made
no submission as to the appropriate respondents in this case; however,
Public Notice 2005-3
made the Companies, TELUS and MTS Allstream Inc. (MTS Allstream) (collectively,
the incumbent local exchange carriers or ILECs) parties to the PN
2005-3 proceeding. |
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Answer
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6. |
In answer to
the application, the Companies, CCTA and TELUS all stated that they did
not object to PIAC's application. |
7. |
TELUS
submitted that the ILECs and the competitors should be identified as
cost respondents. |
8. |
The Companies
submitted that in addition to the ILECs, CCTA was also an appropriate
cost respondent. |
9. |
CCTA
submitted that the ILECs should be the sole cost respondents. |
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Commission analysis and determination
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10. |
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 represent 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. |
11. |
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. |
12. |
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. |
13. |
The Commission
notes that the PN 2005-3
proceeding related to the current price regulation regime for the
ILECs. The Commission therefore finds that the appropriate respondents
to PIAC's application for costs are the ILECs. |
14. |
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 TORs, as reported in their most
recent audited financial statements. Accordingly, the Commission finds
that the responsibility for the payment of costs should be allocated as
follows: |
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Bell Canada |
50% |
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TELUS |
31% |
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Aliant Telecom |
7% |
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MTS Allstream |
8% |
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SaskTel |
4% |
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Direction as to costs
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15. |
The Commission
approves the application by PIAC for costs with respect to
the participation of the Consumer Groups in the PN 2005-3
proceeding. |
16. |
Pursuant to
subsection 56(1) of the Telecommunications Act, the Commission
fixes the costs to be paid to PIAC at $6,451.16. |
17. |
The
Commission directs that the award of costs to PIAC be paid forthwith by
the ILECs according to the proportions set out in paragraph 14. |
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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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