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Costs Order CRTC 2001-12
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Ottawa, 4 October 2001
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Monitoring the Canadian telecommunications industry
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Reference: 8623-C12-01/00 and 4754-191 |
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Application for costs by Action Réseau Consommateur (ARC)
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1. |
On 26 June 2001, Action Réseau Consommateur (ARC) applied for
costs associated with its participation in the above-referenced
consultation, which was initiated with the release of Public Notice
CRTC 2000-175, Monitoring the Canadian telecommunications
industry, dated 15 December 2000.
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2. |
ARC submitted that it satisfies the three criteria for an award
of costs under subsection 44(1) of the CRTC Telecommunications
Rules of Procedure (the Rules). Further, ARC requested that its
costs be fixed at $1,142.86 so as to dispense with the process of
taxation.
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3. |
In a letter dated 3 August 2001, ARC submitted that the
appropriate respondents, and their respective share of the costs to
be paid, be as follows: Bell Canada (35%), TELUS Communications Inc.
(TCI) (15%), Rogers Communications Inc. (10%), AT&T Canada
Corp./AT&T Canada Telecom Services Company (10%), Vidéotron
Communications Inc. (10%), AOL Canada Inc. (10%) and Call-Net
Enterprises Inc. (10%).
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4. |
Vidéotron submitted, among other things, that it should not be a
respondent because it was not a party to the consultation initiated
by PN 2000-175.
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5. |
Bell Canada, on behalf of itself, Aliant Telecom Inc., MTS Communications Inc.,
Saskatchewan Telecommunications and Télébec ltée stated that
it did not object to an award of costs to ARC, nor to the amount
claimed. Bell Canada further submitted, among other things, that the
respondents should be those parties that were affected by the
proceeding and who actively participated in it.
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Commission determinations
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6. |
The Commission considers that ARC has satisfied the criteria for
an award of costs set out in subsection 44(1) of the Rules.
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7. |
The Commission also 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 Telecom Public Notice CRTC 98-11, New procedure for Telecom costs awards, dated 15 May
1998.
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8. |
The Commission is of the view that the amount claimed by ARC was
reasonably and necessarily incurred and should be allowed.
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9. |
Considering the small amount claimed, and the active role played
by Bell Canada and TCI in this consultation, the Commission is of
the view that Bell Canada and TCI should be the respondents.
Further, the Commission considers that each respondent should pay,
on behalf of itself and the companies they represented in this
consultation, in the following proportions: Bell Canada (70%) and
TCI (30%).
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Direction as to costs
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10. |
ARC's application for an award of costs is approved. Pursuant to
subsection 56(1) of the Telecommunications Act, the
Commission fixes the costs to be paid to ARC at $1,142.86.
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11. |
In addition, Bell Canada shall pay 70% and TCI shall pay 30% of
the costs fixed herein forthwith, on behalf of themselves and the
companies they represented in this consultation. |
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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
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