Taxation Order CRTC 2001-2

Ottawa, 6 March 2001

Reference: 8695-C12-06/99 and 4768-092

Philippa Lawson for Action Réseau Consommateur and the National Anti-Poverty Organization (ARC/NAPO et al.)

Taxation of costs for ARC/NAPO et al.

Taxing Officer: Geoff Batstone

1.

This order constitutes the taxation of costs awarded to ARC/NAPO et al. in the proceeding initiated by Telecom Public Notice CRTC 99-6, Review of contribution collection mechanism and related matters.

2.

In Costs Order CRTC 2000-18, dated 12 December 2000, costs were awarded to ARC/NAPO et al. in accordance with subsection 44(1) of the CRTC Telecommunications Rules of Procedure (the Rules), payable by Bell Canada et al. (Bell Canada, Maritime Tel & Tel, NBTel Inc., NewTel Communications Inc., Island Telecom Inc.), MTS Communications Inc., Saskatchewan Telecommunications (SaskTel), TELUS Communications Inc., Rogers Wireless Inc., Microcell Telecommunications Inc., and Clearnet Communications Inc.

3.

On 21 December 2000, ARC/NAPO et al. submitted its Bill of Costs consisting of $70,146.09 in fees and $605.87 in disbursements.

4.

Comments were received from SaskTel. SaskTel stated that there was a calculation error of $15 in ARC/NAPO et al.'s calculation of its disbursements.

Fees

5.

ARC/NAPO et al. claimed a total of $30,020.18 in fees for its legal counsel, Ms. Philippa Lawson and Mr. Michael Janigan. Ms. Lawson claimed a total of $25,973.33 representing 143.4 hours at $175/hour. Mr. Janigan claimed $4,046.85 representing 17 hours at $230/hour.

b) Analyst's fees

6.

ARC/NAPO et al. claimed a total of $3,800 for its analyst, Mr. Philippe Tousignant, which represents 9.5 days at a rate of $400/day.

c) Consultants' fees

7.

ARC/NAPO et al. claimed a total of $36,325.91 for its consultants, Mr. John Todd and Ms. Araya Vivorakij. Both Mr. Todd and Ms. Vivorakij are external consultants hired by ARC/NAPO. Mr. Todd claimed a total of $27,983.81 representing 154.5 hours at $175/hour. Ms. Vivorakij claimed $8,342.10 representing 62 hours at $130/hour.

8.

In each of the above cases, the hourly and daily rates claimed are consistent with those set out in the Commission's Legal Directorate's Guidelines for the Taxation of Costs (the Guidelines) for a person exercising the function in question. In each case, I found the rates claimed to be appropriate, and will allow them.

9.

I am of the view that the amount of time claimed by ARC/NAPO et al.'s counsel and consultants is reasonable in the circumstances of this case and accordingly will allow it. In reaching this conclusion, I have considered a number of factors including: the nature and extent of ARC/NAPO's et al. participation, the number and complexity of the issues in this proceeding and the length of the record.

Disbursements

10.

Two sets of disbursements were included in ARC/NAPO et al's Bill of Costs; one for the Public Interest Advocacy Centre (PIAC) (on behalf of ARC/NAPO et al.) and one for ARC.

11.

Contrary to what is asserted by SaskTel in its letter of 17 January, 2001, the disbursements submitted on behalf of ARC do total $223 as indicated in the Bill of Costs.

12.

I have reviewed the disbursements and conclude that they are reasonable in the circumstances of this case. Accordingly, I will allow them as claimed.

Costs as taxed

13.

I hereby tax the fees and disbursements of ARC/NAPO et al., inclusive of taxes as follows: