ARCHIVED -  Telecom Costs Order CRTC 97-4

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Telecom Costs Order

Ottawa, 25 February 1997
Telecom Costs Order CRTC 97-4
Reference: Tariff Notice 603
COSTS ORDER ORDONNANCE DE FRAIS
In re: Price Cap Regulation and Related Issues - Telecom Public Notice CRTC 96-8
Reference: 4754-102
Application for costs by the Consumers' Association of Canada (Manitoba) and the Manitoba Society of Seniors (CAC/MSOS).
Background
In the course of its final argument at the oral hearing, CAC/MSOS made an application for costs for its participation in this proceeding. No party objected to CAC/MSOS's application.
With respect to the appropriate respondents to costs, CAC/MSOS submitted that to minimize the burden on Manitoba subscribers, the MTS NetCom Inc. (MTS) should not be made solely responsible for paying any costs awarded to CAC/MSOS in this proceeding.
In Telecom Costs Order CRTC 96-17, 23 August 1996 (Costs Order 96-17), the Commission named Stentor Resource Centre Inc., Sprint Canada Inc., AT&T Canada Long Distance Services Company, and Westel Telecommunications Ltd. as respondents to an application for interim costs made by the Fédération nationale des associations de consommateurs du Québec/National Anti-Poverty Organization in this proceeding. No party, with the exception of CAC/MSOS objected to the respondents in Costs Order 96-17 being named as respondents to any costs award granted to CAC/MSOS.
DIRECTION AS TO COSTS
1. The application of CAC/MSOS for an award of costs in respect of the above-noted proceeding is approved.
2. The Commission considers that CAC/MSOS's application meets the requirements of section 56 of the Telecommunications Act and the criteria set out in subsection 44(1) of the CRTC Telecommunications Rules of Procedure (the Rules) for an award of costs.
3. The Commission is of the view that MTS alone is the most appropriate respondent to CAC/MSOS's application on the basis that CAC/MSOS's participation in this proceeding dealt almost exclusively with issues unique to MTS. The Commission considers that since CAC/MSOS's submissions related specifically to Manitoba issues, and were made for the benefit of Manitoba subscribers, it is most appropriate that MTS be made responsible for paying the costs of CAC/MSOS's intervention. The Commission notes that this approach is consistent with that taken in Telecom Costs Order CRTC 96-21, 14 November 1996.
4. Costs awarded herein shall be subject to taxation in accordance with the Rules.
5. Costs awarded herein shall be taxed by Karen Moore of the Commission's Legal Directorate.
6. CAC/MSOS shall, within 30 days of the issue of this Order, submit a Bill of Costs and an Affidavit of Disbursements directly to the Taxing Officer, serving a copy on MTS.
7. MTS may, within two weeks of receipt of these documents, file comments with the Taxing Officer with respect to the costs claimed, serving a copy on CAC/MSOS.
8. CAC/MSOS may, within two weeks of receipt of any comments by MTS, file a reply to MTS' comments with the Taxing Officer, serving a copy thereof on MTS.
9. All documents to be filed or served pursuant to this Order must be actually received, and not merely sent, by the dates indicated herein.
Allan J. Darling
Secretary General
COS97-4_0
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