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Ottawa, 30 June 1992
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Telecom Costs Order CRTC 92-5
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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 Costs
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Application for costs by the British Columbia Old Age Pensioners' Organization, the Council of Senior Citizen's Organizations, West End Seniors' Network, Senior Citizens' Association, Federated Anti-Poverty Groups of B.C. and Local 217 IWA Seniors (BCOAPO et al.).
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Background
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In Telecom Costs Order CRTC 91-4 (Costs Order 91-4), the Commission granted BCOAPO et al. an award of interim costs limited to disbursements, other than those relating to fees, incurred in connection with its intervention in the above-noted proceeding. BCOAPO et al. was awarded a maximum of $75,700 for obtaining transcripts of the main proceeding and a maximum of $11,500 for other disbursements. The Order provided that 60% of the costs awarded were payable by the applicants to the main proceeding, with the remaining 40% payable by the respondent telephone companies. Unitel Communications Inc. (Unitel) and B.C. Rail Telecommunications/ Lightel Inc. (BCRL) were directed to contribute to their 60% share, and the respondent telephone companies were directed to contribute to their 40% share, in proportion to their operating revenues from telecommunications activities.
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The Order also required BCOAPO et al. to file an application for final costs, along with the documentation required by section 45(4) of the CRTC Telecommunications Rules of Procedure (the Rules), within 60 days of the last day of the hearing.
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Submissions of Parties
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BCOAPO et al. filed its application for costs on 13 August 1991. It indicated that its final application for costs differed from the interim costs claimed pursuant to Costs Order 91-4 in that its actual non-transcript disbursements exceeded the maximum imposed by the costs order. BCOAPO et al. also indicated that, unlike its application for interim costs, it was now seeking an award of costs that would include counsel fees.
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Of the parties that filed comments regarding the application by BCOAPO et al. for a final award of costs, only BCRL opposed the application. Among other things, BCRL submitted that BCOAPO et al. participated in the hearing only sporadically and to a limited extent and that other parties to the proceeding had adequately addressed many of the issues of concern to BCOAPO et al. BCRL further submitted that BCOAPO et al.'s final argument merely presented a summary reiteration of its concerns and did not identify additional solutions to the problems raised or enhance the understanding of solutions advocated by other parties. BCRL also argued that the Commission had determined that it was inappropriate to award interim costs to cover fees and that BCOAPO had not established that fees should form part of a final costs award. BCRL suggested that the Commission should be more demanding with regard to costs for issue, as opposed to rate, proceedings. BCRL submitted that a final award of costs should not be made and further suggested that repayment of all or part of the interim award made in Costs Order 91-4 might be appropriate.
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In its reply, BCOAPO et al. noted, among other things, that its limited participation was consistent with its intention, stated in its application for interim costs, of confining its participation to issues of direct concern to its members. With regard to BCRL's submission that the Commission determined that it was inappropriate to include counsel fees in the interim award, BCOAPO et al. noted that it had limited its request for interim costs to out-of-pocket disbursements.
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DIRECTION AS TO COSTS
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1. The application of BCOAPO et al. for a final award of costs in respect of the above titledproceeding is hereby approved.
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2. The Commission considers that BCOAPO et al. has met the criteria set out in section 44(1) ofthe Rules, and commends BCOAPO et al. for restricting its participation in the hearing to issuesof specific concern to its constituents. The Commission also commends BCOAPO et al. forconsulting with other public interest interveners so as to minimize duplication of cross-examination on issues of common interest to such interveners.
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3. The Commission directs that the costs awarded herein shall be paid to BCOAPO et al. by theapplicants and respondents to the main proceeding in the same proportions as set out in CostsOrder 91-4.
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4. Costs awarded herein shall be subject to taxation in accordance with subsection 44(6) of theRules.
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5. Costs awarded herein shall be taxed by Lorne Abugov.
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6. BCOAPO et al. shall, within thirty days of the issue of this order, submit a bill of costs and anaffidavit of disbursements to the Taxing Officer, serving copies on the applicants andrespondents to the main proceeding.
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7. The applicants and respondents to the main proceeding may, within two weeks of receipt ofthose documents, file comments with the Taxing Officer with respect to the costs claimed,serving a copy on BCOAPO et al..
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8. BCOAPO et al. may, within two weeks of receiving comments from the applicants andrespondents to the main proceeding, file its reply, serving copies on these parties.
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9. In all cases, documents must actually be received, not merely mailed, by the dates indicated.
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Allan J. DarlingSecretary General
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