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Telecom Costs Order CRTC 2005-3
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Ottawa, 18 August 2005 |
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Application for costs by the Public Interest Advocacy Centre on behalf
of the Consumer Groups - Northwestel Inc. - Annual Review of
Supplemental Funding for 2004 and 2005, Telecom Public Notice
CRTC 2004-6
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Reference: 8695-C12-200413625
and 4754-243 |
1.
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By letter dated 6 May
2005 the Public Interest Advocacy Centre (PIAC), on behalf of itself,
the Consumers' Association of Canada, the Union des consommateurs
and the National Anti-Poverty Organization (the Consumer Groups),
applied for costs with respect to their joint intervention in the
proceeding initiated by Northwestel Inc. - Annual review of supplemental
funding for 2004 and 2005, Telecom Public Notice CRTC 2004-6,
23 November 2004 (the Public Notice 2004-6proceeding). |
2.
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By letter dated 22 June
2005, Northwestel Inc. (Northwestel) filed a response to the Consumer
Groups' costs application. |
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The Application |
3.
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The Consumer Groups
submitted that they had met the criteria for an award of costs as set
out in subsection 44(1) of the CRTC Telecommunications Rules of
Procedure (the Rules) as they represented a body of subscribers that
had a clear interest in the outcome of the proceeding, they participated
responsibly and they contributed to a better understanding of the issues
through their comments in the proceeding. |
4.
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The Consumer Groups
requested that the Commission fix their costs at $8,344.69, which
included the Federal Goods and Services Tax (GST) on certain fees less
the rebate to which they are entitled in connection with the GST. The
breakdown of the fees, inclusive of the respective GST and rebate
portions, includes $1,190.25 for legal fees and $7,154.44 for consulting
/ analyst fees. The Consumer Groups filed a bill of costs with their
application. |
5.
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The Consumer Groups
served their application on Northwestel and all registered parties
to the Public Notice 2004-6 proceeding but did not propose which party
should be responsible for costs. |
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Answer
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6.
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In answer to the Consumer
Groups' application, Northwestel responded that it had no comment on the
application or the amounts claimed therein. |
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Commission's analysis and determination
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7.
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The Commission finds that
the Consumer Groups have met the criteria for a costs award as set out
in subsection 44(1) of the Rules. Specifically, the Commission finds
that the Consumer Groups: 1) represent various groups of subscribers
that have an interest in the outcome of the Public Notice 2004-6
proceeding of such a nature that they will receive a benefit or suffer a
detriment as a result of the order or decision resulting from the
proceeding; 2) have participated in a responsible way; and 3) have
contributed to a better understanding of the issues by the Commission. |
8.
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The Commission notes that
the rates claimed in respect of the legal and consulting / analyst 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 the Consumer
Groups was necessarily and reasonably incurred and should be allowed. |
9.
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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. |
10.
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The Commission finds that
the appropriate respondent to the Consumer Groups' costs application is
Northwestel. |
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Direction as to costs |
11.
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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
2004-6 proceeding. |
12.
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Pursuant to subsection
56(1) of the Telecommunications Act, the Commission fixes the
costs to be paid to PIAC, on behalf of the Consumer Groups, at
$8,344.69. |
13.
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The Commission directs
that the award of costs to PIAC, on behalf of the Consumer Groups,
be paid forthwith by Northwestel. |
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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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