ARCHIVED -  Telecom Costs Order CRTC 98-13

 Telecom Costs Order

 Ottawa, 26 May 1998

 Telecom Costs Order CRTC 98-13

 In re: Rates for Unlisted Number Service and Related Issues - Telecom Public Notice CRTC 97-31

 Reference: 8665-C12-01/97

 Application for costs by the Consumers' Association of Canada, the Fédération nationale des associations de consommateurs du Québec and the National Anti-Poverty Organization (hereinafter CAC et al.).

 BACKGROUND

1.  Pursuant to Rates for Unlisted Number Service and Related Issues, Telecom Public Notice CRTC 97-31, 27 August 1997, the Commission initiated a proceeding to determine the rates for unlisted number service, and to consider related issues, including the appropriateness of installment payments for service charges related to unlisted number service. CAC et al. intervened in the proceeding, and by letter dated 3 February 1998 applied for costs. CAC et al. proposed that Stentor Resource Centre Inc. (Stentor) and Northwestel Inc. (Northwestel) be made respondents to the application. Stentor filed an answer by letter dated 24 February 1998. Northwestel had notice of the application but chose not to respond. CAC et al. did not file a reply.

 POSITION OF PARTIES

2.  CAC et al. submitted that it had met the criteria for an award of costs set out in section 44(1) of the CRTC Telecommunications Rules of Procedure (the Rules), in that:

(a)  CAC et al. represents a class of subscribers that had a strong interest in the outcome of the proceeding;

(b)  CAC et al. participated in a responsible way, by filing comments and reply comments on the issues; and

(c)  CAC et al. contributed through its comments to a better understanding of the issues surrounding unlisted number service, including the importance of this service to citizens, the existence of essential corollary services (e.g., Call Display Blocking), the appropriate pricing of this service, the appropriate treatment of unlisted number service under the price cap regime, appropriate options for customer listings, and the need for clear consumer information on this service.

3.  CAC et al. also noted that its application for costs was filed more than 30 days from the filing of final comments. In this regard, CAC et al. stated, among other things, that no party would be prejudiced and that an extension is in the public interest, given that CAC et al.'s advocacy is dependent on the availability of costs awards.

4.  In its answer, Stentor submitted, among other things, that the application for costs should be dismissed, as it was filed over three weeks beyond the limitation period set out in the Rules, and almost two months since the close of proceedings, without justification for the late filing. Stentor submitted that the need to preserve the integrity and efficiency of the Commission's taxation process outweighs any public interest served by ensuring that a particular intervener is able to recover its costs in a particular proceeding.

5.  Stentor also submitted that, should the Commission permit CAC et al.'s application to proceed, it would have no comment on the merits, reserving its right to comment at the taxation phase of the costs award process.

6.  The Commission is of the view that CAC et al.'s application for costs should not be denied in this instance simply because it was late. While the Commission has stated that costs applications should generally be filed 30 days from the date of the final written submissions in a paper proceeding (cf. Telecom Costs Order 97-16, In Re: Forbearance from Regulation of Toll Services Provided by Dominant Carriers), the late filing in this case has not caused any prejudice.

7.  In the Commission's view, CAC et al. have met the three requirements of subsection 44(1) of the Rules. Accordingly, an award of costs is warranted in the circumstances.

D IRECTION AS TO COSTS

8.  The application for an award of costs in respect of the above-mentioned proceeding is approved.

9.  Costs awarded herein shall be payable by:

 (1) Stentor on behalf of BC TEL, Bell Canada, The Island Telephone Company Limited, Maritime Tel & Tel Limited, MTS NetCom Inc., The New Brunswick Telephone Company, Limited, NewTel Communications Inc. and TELUS Communications Inc.; and

 (2) Northwestel.

10.  Stentor is to bear 95% of the costs, and Northwestel is to bear 5%.

11.  Costs awarded herein shall be subject to taxation in accordance with the Rules, and shall be taxed by Karen Moore.

12.  CAC et al. shall, within 30 days of the date of this Order, submit a Bill of Costs and an Affidavit of Disbursements directly to the Taxing Officer, serving copies on Stentor and Northwestel.

13.  Stentor and Northwestel may, within two weeks of receipt of these documents, file comments directly with the Taxing Officer with respect to the costs claimed, serving a copy on CAC et al.

14.  CAC et al. may, within two weeks of receiving the comments, file a reply directly with the Taxing Officer, serving copies on Stentor and Northwestel.

15.  Costs are payable forthwith upon issuance of the Taxation Order.

16.  All documents to be filed or served by a specific date must be actually received, not merely sent, by that date.

 Laura M. Talbot-Allan
 Secretary General

 This document is available in alternative format upon request.

COS98-13_0