ARCHIVED - Telecom Costs Order CRTC 98-20
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Telecom Costs Order |
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Ottawa, 5 November 1998
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Telecom Costs Order CRTC 98-20
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IN RE: NORTHERN TELEPHONE LIMITED - LOCAL RATE RESTRUCTURING AND SWITCHING EQUIPMENT MODERNIZATION PROPOSAL, TELECOM PUBLIC NOTICE CRTC 98-2
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File No.: 8740-N3-0078/97
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1.Application for costs by the Consumers' Association of Canada/National Anti-Poverty Organization (CAC/NAPO).
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POSITIONS OF PARTIES
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2.By letter dated 10 July 1998, CAC/NAPO applied for its costs in this proceeding. CAC/NAPO submitted that they have satisfied the criteria for an award of costs set out in section 44 of the CRTC Telecommunications Rules of Procedure (the Rules).
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3.Subsequently, by letter dated 5 August 1998, CAC/NAPO requested that, pursuant to the Commission's revised approach in New Procedure for Telecom Costs Awards, Telecom Public Notice CRTC 98-11, 15 May 1998 (PN 98-11), the Commission dispense with the taxation process and fix the amount of any costs to be awarded to CAC/NAPO. CAC/NAPO stated that they are claiming total costs of $2,740.38 for their participation in this proceeding. This amount represents $1,811.25 in legal fees (10 hours at $175 per hour for their counsel Ms. Pippa Lawson), $923.74 in consultant fees (5.1 hours at $175 per hour for their consultant Mr. John Todd), as well as $5.39 in disbursements (long distance telephone/fax and photocopies). CAC/NAPO submitted that the small size of this bill, and its reasonableness in light of CAC/NAPO's intervention justify the streamlined procedure set out in PN 98-11.
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4.In its reply dated 31 August 1998, Northern Telephone Ltd. (Northern) stated that it would not be opposed to CAC/NAPO's Application for costs, provided that the Commission is satisfied that CAC/NAPO have adequately justified their entitlement to recover the amounts claimed in the application.
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COMMISSION DETERMINATION
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5.The Commission considers that CAC/NAPO have satisfied the test for costs set out in section 44 of the Rules.
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6.Given the size of CAC/NAPO's claim, the fact that the issues in this proceeding were not particularly complex, and the relative brevity of the proceeding, the Commission considers it appropriate to dispense with taxation and fix the amount of costs to be awarded to CAC/NAPO in this case.
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7.The Commission has examined the amounts claimed by CAC/NAPO and considers them to be both reasonable, and necessarily incurred. The Commission notes, in this regard, that the rates claimed by Ms. Lawson and Mr. Todd are in accordance with the Commission's Legal Directorate's Guidelines for the Taxation of Costs.
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DIRECTION AS TO COSTS
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8.The application of CAC/NAPO for an award of costs in respect of this proceeding is approved.
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9.The Commission hereby fixes the amount of costs to be paid to CAC/NAPO at $2,740.38.
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10.Costs awarded herein shall be paid by Northern forthwith.
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Secretary General
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This document is available in alternative format upon request.
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COS98-20_0
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