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Telecom Costs Order
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Telecom Costs OrderCRTC 97-2
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In re: Bell Canada - Restructuring of Rates for Business Local Exchange Services - TelecomLink - Telecom Public Notices CRTC 95-33 and 96-13
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Application for Costs by Rural Dignity of Canada (RDC)
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On 2 December 1996, the Commission received an application from RDC for costs associated with RDC's participation in Bell Canada - Restructuring of Rates for Business Local Exchange Services - TelecomLink, Telecom Public Notice CRTC 96-13, 17 April 1996 (PN 96-13), and in Bell Canada - Restructuring of Rates for Business Local Exchange Services, Telecom Public Notice CRTC 95-33, 27 June 1995 (PN 95-33).
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RDC, an interested party in the proceeding initiated by PN 95-33, noted that on the deadline for filing interrogatories pursuant to PN 95-33, the Commission granted a request from Bell Canada (Bell) to withdraw its tariff application. The Commission then cancelled the procedures set out in PN 95-33 and stated that it would advise all registered parties of the new procedure to be followed once Bell's revised application was received. The Commission subsequently issued PN 96-13, based on Bell's revised application. RDC submitted that it should not be denied costs reasonably and responsibly incurred in the
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proceeding commenced by PN 95-33 simply because Bell chose to withdraw its application well into the proceeding.
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In a letter dated 13 December 1996, Bell responded that it had no comment regarding an award of costs to RDC, but reserved the right to provide comments on the detailed items claimed during the taxation process.
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With respect to RDC's application for costs in the proceeding initiated by PN 96-13, the Commission considers that RDC has met the requirements for an award of costs as set out in section 56 of the Telecommunications Act and the criteria set out in subsection 44(1) of the CRTC Telecommunications Rules of Procedure (the Rules).
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With respect to RDC's application for costs in the proceeding initiated by PN 95-33, the Commission notes that In Re: Telecom Public Notice CRTC 92-64, The New Brunswick Telephone Company Limited - Incentive Regulation, Telecom Costs Order CRTC 93-8, 16 August 1993 (Costs Order 93-8), the Commission indicated that in order to ensure that the objective of encouraging informed public participation in Commission proceedings is met, interveners who have incurred expenses in preparation for a proceeding, and who would otherwise qualify to apply for costs, should not be effectively penalized where a proceeding has been discontinued at the request of the applicant.
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Consistent with the reasons set out in Costs Order 93-8, the Commission is satisfied that an award of costs in this case would further the objectives of the Commission in encouraging full and informed participation in its proceedings.
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1. The application of RDC for an award of costs in respect of the above-noted proceedings is approved.
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2. Costs awarded herein shall be payable to RDC by Bell.
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3. Costs awarded herein shall be subject to taxation in accordance with the Rules.
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4. Costs awarded herein shall be taxed by Anne-Marie Murphy.
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5. RDC 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 Bell.
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6. Bell may, within two weeks of receipt of those documents, file comments directly with the Taxing Officer with respect to the costs claimed, serving a copy on RDC.
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7. RDC may, within two weeks of receipt of any comments by Bell, file a reply directly with the Taxing Officer, serving a copy on Bell.
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8. All documents to be filed or served by a specific date must be actually received, and not merely mailed, by that date.
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Allan J. Darling
Secretary General
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