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Ottawa, 24 May 1991
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Telecom Costs Order CRTC 91-5
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In re: Unitel Communications Inc. & B.C. Rail Telecommunications/Lightel Inc. - Applications to Provide Public Long Distance Voice Telephone Services and Related Resale and Sharing Issues: Application for Interim Costs
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On 8 May 1991 the Commission received an application for interim costs in the above-captioned proceeding from the Consumers' Association of Canada (CAC). On 9 May CAC filed additional submissions in support of its application.
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CAC's application and supplementary submissions were served on the applicants and respondents to the main proceeding (the Respondents): Unitel Telecommunications Inc. (Unitel), B.C.Rail Telecommunications/Lightel Inc. (BCRL), Bell Canada (Bell), British Columbia Telephone Company (B.C. Tel), Newfoundland Telephone Company Limited (Newfoundland Tel), The New Brunswick Telephone Company Limited (NBTel), Maritime Telegraph and Telephone Company Limited (MT&T) and The Island Telephone Company Limited (Island Tel).
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Each of the Respondents indicated that it had no objections to the CAC application. Accordingly, no answers or reply were filed in relation to the CAC application. Several of the Respondents reserved their rights to contest the Commission's jurisdiction to award costs on an interim basis.
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In In re: Unitel Communications Inc. & B.C. Rail Telecommunications/ Lightel Inc. - Applications to Provide Public Long Distance Voice Telephone Services and Related Resale and Sharing Issues: Applications for Interim Costs, Telecom Costs Order CRTC 91-4, 22 April 1991 (Costs Order 91-4), the Commission found that it possesses the necessary authority to make awards of interim costs, provided that the recipients only receive payment in respect of expenses already incurred and that the awards themselves are merit-based and subject to re-examination and adjustment at the conclusion of the main proceeding. In Costs Order 91-4 the Commission made awards of interim costs in favour of the National Anti-Poverty Organization and the British Columbia Old Age Pensioners' Organization et al.
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In its application, CAC has requested an award of interim costs sufficient to cover the costs of a single hard copy of the transcript for the central hearing phase of the current proceeding. To date, CAC has not had the benefit of its own copy of the proceeding transcript, and it has been attempting to prepare for cross-examination based on its staff lawyer's monitoring of the hearing. The applicant has pleaded that it has been unable to adequately monitor the hearings in this way and to prepare for cross-examination without possessing a copy of the transcript.
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The Commission notes that CAC, as a representative of residential consumers, is representative of a class of subscribers that has an interest in the outcome of the proceeding.
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The Commission is satisfied that CAC has met the criteria for eligibility for an award of interim costs found in paragraphs (a), (c) and (d) of s. 45(1) of the CRTC Telecommunications Rules of Procedure (the Rules).
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Paragraph 45(1)(b) of the Rules requires an applicant to demonstrate to the satisfaction of the Commission that it can contribute to a better understanding of the issues by the Commission.
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In this regard, the Commission notes that over the years, CAC's performance in Commission proceedings has been consistently satisfactory. In the current proceeding CAC has participated in the interrogatory process and filed evidence, as yet untested by cross-examination, which it submits is the only evidence presented to date which specifically addresses broad trends in residential consumption of telephone service. To date, CAC has not participated extensively in cross-examination, but intends to cross-examine several witnesses. In the circumstances, the Commission is satisfied that CAC can contribute to a better understanding of the issues by the Commission.
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Based on the foregoing, the Commission is satisfied that CAC has met the criteria for eligibility set out in s. 45(1) of the Rules. Accordingly, the Commission hereby grants the application of CAC for an award of interim costs on the following terms:
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1. The award is limited to disbursements for a single hard copy of the daily transcript for the mainproceeding, from the first day of the central hearing to its close, up to a maximum of $25,000.
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2. The Applicant is directed to submit its accounts for transcripts to each of the Respondents andto the Commission. Accounts are to be accompanied by an affidavit of disbursements andsupporting documentation.
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3. Upon receipt of the accounts, each of the Respondents is directed to pay to the Applicant aportion of the amount claimed. Payment is to be made forthwith, in the following proportions,with reference to the maximum amount set out above:
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Contribution to Interim Awards of Costs (%)
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Unitel 51.8BCRL 8.260.0%
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Bell 29.0B.C. Tel 6.8Island Tel 0.2MT&T 1.7NBTel 1.3Newfoundland Tel 1.0
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40.0%
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4. The Applicant is further directed to file an application for final costs, along with the additionaldocumentation required by s. 45(4) of the Rules, within 60 days of the last day of the hearing.
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Allan J. DarlingSecretary General
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