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Costs Order CRTC 2001-5
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Ottawa, 14 March 2001 |
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Subject: Public Notice CRTC
2000-97 – Service provider identification information to law enforcement
agencies
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Reference:
8665-C12-10/00
and 4754-176 |
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Application for costs by the Public Interest
Advocacy Centre (PIAC). |
1. |
The Commission received an application for
costs, dated 18 September 2000, from PIAC in respect of its participation in
the proceeding commenced by CRTC Public Notice
2000-97, Seeking comments
on provision of subscriber's telecommunications service provider
identification information to law enforcement agencies. |
2. |
PIAC submits that it satisfies the three
criteria for an award of costs under section 44(1) of the CRTC
Telecommunications Rules of Procedure (the Rules). It requests that the
Commission dispense with a separate taxation process and fix the amount of
costs at $597.72. |
3. |
PIAC did not name any respondents to its costs
application. It did, however, copy its application for costs to all
interested parties in Public Notice
2000-97. |
4. |
The Commission did not receive any comments in
response to PIAC's application. |
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Commission determination
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5. |
The Commission notes that in this particular
proceeding, PIAC was not acting as an advocate for a particular association
as it often does, but was acting on its own behalf. The Commission, however,
notes that PIAC has individual members and acted, in this proceeding, on
behalf of the public at large, as well as its own members. Accordingly, the
Commission finds that PIAC meets the requirements of subsection 44(1)(a) of
the Rules. |
6. |
With respect to the scope of PIAC's
participation in the proceeding, the Commission finds that although its
submission may have been concise and limited to comments, PIAC nevertheless
contributed to a better understanding of the issues. In particular, the
Commission notes that PIAC raised questions on the status of unlisted
customer information with respect to confidentiality, the protection of
personal information, the reasonable expectation of privacy with respect to
service provider identification, and finally, on consumer safeguards to be
provided. The Commission also notes that PIAC was the only consumer voice
heard in the entire process. In light of the above, the Commission finds that
PIAC has participated in a responsible way, and has contributed to a better
understanding of the issues, thereby satisfying the criteria in subsections
44(1)(b) and (c) of the Rules. |
7. |
In these circumstances, the Commission considers
that PIAC has met the criteria for an award of costs set out in section 44(1)
of the Rules and should be awarded costs for its participation in this
proceeding. |
8. |
In the circumstances, including the small amount
of costs at issue, the Commission 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 New procedure for Telecom costs awards,
Telecom Public Notice CRTC 98-11,
dated 15 May 1998. |
9. |
The Commission is satisfied that the amount of
costs claimed by PIAC was reasonably and necessarily incurred and should be
allowed. |
10. |
The Commission is of the view that in light of
the relatively small amount, it is appropriate and administratively
convenient to name Bell Canada and TELUS Communications Inc. respondents.
This approach is consistent with recent costs orders. |
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Direction as to costs
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11. |
The Commission hereby approves the application
of PIAC for an award of costs in respect of the above-mentioned proceeding
and fixes such costs in the amount claimed, namely, $597.72. |
12. |
The Commission directs that costs awarded and
fixed herein be paid forthwith by Bell Canada and TELUS. Each respondent
shall pay 50% of the costs fixed herein. |
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Secretary General |
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This document is available in alternative
format upon request and may also be examined at the following Internet site:
http://www.crtc.gc.ca |