ARCHIVED -  Telecom Costs Order CRTC 96-8

Telecom Costs Order

Ottawa, 29 May 1996

Telecom Costs Order CRTC 96-8

In re: Local Service Pricing Options - Telecom Public Notices CRTC 95-49 and 95-56

Application for Interim Costs by the Fédération nationale des associations de consommateurs du Québec/National Anti-Poverty Organization/One Voice - The Canadian Seniors' Network (FNACQ/NAPO/ONE VOICE).

In its application, dated 8 March 1996, FNACQ/NAPO/ONE VOICE requested interim costs to cover (i) the cost of purchasing one hard and one electronic copy of the transcripts of the regional and Central hearings, (ii) the accommodation and travel expenses of Ms. Marie Vallée, incurred for the purposes of attending the Central Hearing (to a maximum of $2,000), and (iii) the costs of translating FNACQ/NAPO/ONE VOICE's submissions from English to French (to a maximum of $5,000).

In its application, FNACQ/NAPO/ONE VOICE submitted that none of its constituent groups have sufficient financial resources to cover the requested expenses, which it submits are necessarily incurred for the parties to participate effectively in this proceeding.

Comments on the application were received from Stentor Resource Centre Inc. (Stentor) and Unitel Communications Inc. (Unitel) on 18 March 1996. In a letter dated 21 March 1996, the Commission wrote to ED TEL Communications Inc. (ED TEL) requesting its comments on the application, as well as on the question of who should be liable to pay any costs awarded, and in what proportion. ED TEL filed its response on 1 April 1996. In a letter dated 18 April 1996, Westel Telecommunications Ltd. (Westel) supported Unitel's position.

No party objected to the awarding of interim costs to FNACQ/NAPO/ONE VOICE. However, Stentor submitted that any costs awarded should be allocated among each of the persons made parties to the proceeding by the Commission. Unitel submitted that the proper respondents to the costs application were the Stentor member companies and ED TEL. Unitel noted that since this proceeding was called to consider proposals for local service pricing options, these companies would be most directly affected.

ED TEL submitted that all parties that generate telecommunications revenues, including the Stentor member companies, ED TEL and the other independent telephone companies, Unitel, Sprint Canada Inc., ACC Tel Enterprises, Westel, and members of the cable television industry as represented by the Canadian Cable Television Association should assume the liability for costs in proportion to their operating revenues from all telecommunications activities.

The Commission notes that no party objected to the awarding of interim costs to FNACQ/NAPO/ONE VOICE. In the Commission's view, FNACQ/NAPO/ONE VOICE has satisfied the criteria for an interim award of costs in s. 45(1) of the CRTC Telecommunications Rules of Procedure (the Rules).

With respect, in particular, to FNACQ/NAPO/ONE VOICE's request for the costs of translating its submissions from English to French, the Commission notes that no objections were raised. The Commission notes that one of FNACQ/NAPO/ONE VOICE's constituent groups is located in Quebec.

The Commission considers that, to the extent that it eliminates unnecessary duplication of effort and allows for the pooling of resources, co-operation between intervener groups in Commission hearings is desirable. The Commission considers that an unacceptable burden may be placed on the applicant's French-speaking staff if it is unable to obtain a translation of the submissions. Moreover, the Commission notes that an inability to obtain translated submissions may provide a disincentive to English and French-speaking intervener groups seeking to participate co-operatively in future Commission proceedings.

The present proceeding was instituted to examine how best to ensure that local service remains universally accessible at affordable rates. The Commission notes that, as the dominant providers of local service, the decision in this proceeding will primarily affect the Stentor member companies, ED TEL and Northwestel Inc. (Northwestel).

With respect to ED TEL's submission that all parties which generate telecommunications revenues should be responsible for paying costs, the Commission notes that not all companies which generate telecommunications revenues offer local service. Moreover, the Commission also notes that the Stentor member companies (excluding SaskTel), ED TEL and Northwestel were the only companies made parties to the proceeding.

In light of the above, the Commission finds it appropriate that Stentor (on behalf of its members made parties to this proceeding), ED TEL and Northwestel be designated as respondents to the application.

Consistent with past Costs Orders, the Commission is of the view that the most appropriate way to apportion costs among the respondents is in proportion to their operating revenues from telecommunications activities as reported in each company's most recent audited financial statements.

DIRECTION AS TO COSTS

1. The application of FNACQ/NAPO/ONE VOICE for an award of interim costs in respect of the above-titled proceeding is hereby approved.

2. FNACQ/NAPO/ONE VOICE is awarded the costs of one hard copy and one electronic copy of the transcripts in this proceeding.

3. FNACQ/NAPO/ONE VOICE is awarded a maximum of $2,000 for the accommodation and travel expenses of Ms. Vallée incurred for the purposes of preparing for and attending the Central hearing.

4. FNACQ/NAPO/ONE VOICE is awarded a maximum of $5,000 for the costs of translating its submissions from English to French.

5. FNACQ/NAPO/ONE VOICE is directed to submit a maximum of two accounts for expenses incurred to the respondents named above, and to the Commission. Accounts are to be accompanied by an affidavit of disbursements and supporting documents.

6. Upon receipt of the accounts, the respondents are directed to pay to FNACQ/NAPO/ONE VOICE a portion of the amounts claimed. Payment is to be made forthwith, in the following proportions:

Contribution to Interim Award of Costs (%)

Stentor 97.05%

ED TEL 2.06%

Northwestel 0.89%

100%

7. FNACQ/NAPO/ONE VOICE is directed to file an application for final costs, along with the additional documentation required by s. 45(4) of the Rules, no later than 10 days after the date for filing reply argument.

Allan J. Darling
Secretary General

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