ARCHIVED -  Telecom Costs Order CRTC 98-16

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Telecom Costs Order

Ottawa, 10 September 1998
Telecom Costs Order CRTC 98-16
In re: Service to High-Cost Serving Areas - Telecom Public Notice CRTC 97-42
File No.: 8665-C12-04/97
Application for costs by Mr. Michael Jennings.
1.On 8 June 1998, the Commission held a regional consultation in Timmins, Ontario as part of the above-noted proceeding.
2.In a letter dated 9 June 1998, Mr. Michael Jennings applied for costs in connection with his participation in the regional consultation held on 8 June 1998. Mr. Jennings made a verbal presentation on behalf of his community, speaking for approximately 15 minutes.
3.In his application, Mr. Jennings claimed costs for disbursements in the amount of $197.74. In particular, Mr. Jennings claimed $139.74 for automobile mileage (411 km x 0.34 cents/km), $25.00 for gasoline, $25.00 for lunch and $8.00 for parking.
4.In a letter dated 20 July 1998, the Commission indicated that Mr. Jennings appears to satisfy the criteria for an award of costs set out in section 44 of the CRTC
Telecommunications Rules of Procedure (the Rules). In light of the de minimis nature of Mr. Jennings' claim, the Commission proposed to fix costs in the amount claimed. The Commission also proposed, without making any determinations with respect to any other application for costs that might be received in this proceeding, to name Bell Canada (Bell) as the appropriate respondent for costs in this instance.
5.In a letter dated 27 July 1998, Bell indicated that generally, it had no objection to the Commission's proposal. It noted, however, that Mr. Jennings' claim for travel disbursements included both a claim for mileage and a claim for gasoline. Bell stated that such claims would appear to constitute double-counting and would be inconsistent with the Commission's Guidelines for the Taxation of Costs.
6.Mr. Jennings did not file reply comments.
7.In the Commission's view, Mr. Jennings has met the requirements of subsection 44(1) of the Rules. Accordingly, an award of costs is warranted in the circumstances.
8.Generally, the amounts claimed by Mr. Jennings appear to be reasonable. The Commission notes, however, that a portion of the mileage charge is intended to cover gasoline expenses. Accordingly, the Commission will disallow the amount claimed by Mr. Jennings for gasoline.
9.The application of Mr. Jennings for an award of costs in the above-noted proceeding is approved.
10.The Commission hereby fixes costs in the amount of $172.74.
11.Costs awarded herein shall be paid by Bell forthwith.
Laura M. Talbot-Allan
Secretary General
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