ARCHIVED -  Telecom Costs Order CRTC 98-3

Telecom Costs Order

Ottawa, 29 January 1998

Telecom Costs Order CRTC 98-3

In re: Participation in the CRTC Interconnection Steering Committee (CISC)

Reference: 96-2376

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

2. Background

3. On 4 September 1997, CAC/FNACQ/ NAPO filed an application for costs in respect of its participation in the CISC process up to 31 August 1997.

4. The Applicant groups submit that they represent a large constituency of residential telephone customers who have a strong interest in the development of consumer-friendly competition in the telecommunications industry. They state that they have been participating in the CISC process since its inception in the fall of 1996, and actively since January 1997. The groups have concentrated their efforts on the Customer Transfer Sub-Working Group, which they considered to be the key forum in which consumer issues would arise. The groups submit that they have participated responsibly and contributed to a better understanding of the issues.

5. The Canadian Cable Television Association (CCTA) and AT&T Canada Long Distance Services Company (AT&T Canada LDS) each filed a letter dated 16 and 26 September 1997, respectively, in support of the application. Both parties requested that the Commission direct that the costs be recovered by the parties on the same basis as set out in Telecom Costs Order CRTC 97-3, In re: Implementation of Regulatory Framework - Local Interconnection and Network Component Unbundling - Telecom Public Notices CRTC 95-36 and 96-11, dated 20 February 1997 (Costs Order 97-3).

6. Stentor Resource Centre Inc. (Stentor) filed a letter dated 15 September 1997 stating that it has no comments to make on the application.

7. Commission Determinations

8. The Commission considers that CAC/FNACQ/NAPO represent consumers who have an interest in the matters being discussed and resolved in the CISC process. In the Commission's view, CAC/FNACQ/NAPO have participated responsibly in the CISC process and have contributed to a better understanding of the issues.

9. The Commission notes that no party has objected to the application.

10. With respect to the issue of appropriate respondents, the Commission notes that both the CCTA and AT&T Canada LDS recommended that costs be payable on the same basis as set out in Costs Order 97-3. In that Order, respondents were required to pay the costs on the basis that the Commission considered that they had a significant interest in the outcome of the proceeding and they had chosen to participate actively in the proceeding through the filing of evidence/submissions.

11. In the Commission's view, certain parties, namely AIReach Integrated Network Ltd., MFS Communications Company Inc. and the Ontario Telephone Association, which were named as respondents in Costs Order 97-3, have participated in CISC in a minimal way, if at all. Conversely, other parties (named below), who were not liable to pay the costs awarded in Costs Order 97-3, have actively participated in CISC. Accordingly, the Commission considers that costs should not be payable on the same basis as set out in Costs Order 97-3.

12. In the Commission's view, only those parties who have a strong interest in the outcome of the CISC process and have participated actively in the CISC sub groups should be liable to pay the costs incurred by CAC/FNACQ/NAPO for its participation in the CISC process.

13. DIRECTION AS TO COSTS

14. The application of CAC/FNACQ/NAPO for an award of costs in respect of its participation in the CISC process up to 31 August 1997 is hereby approved.

15. Consistent with the reasons set out above, the Commission considers that costs awarded herein should be paid to CAC/FNACQ/NAPO by the following respondents, in the proportions indicated:

Stentor 55%
CCTA 18%
AT&T Canada LDS 3%
Bell Mobility 3%
Call-Net Enterprises 3%
Clearnet Communications Inc. 3%
fONOROLA Inc. 3%
Metronet Communications Corp. 3%

Microcell Connexions Inc. 3%
Rogers Cantel 3%
TelcoPlus 3%

100%

16. Costs awarded herein shall be subject to taxation in accordance with the CRTC Telecommunications Rules of Procedure.

17. Costs awarded herein shall be taxed by Carolyn Pinsky.

18. CAC/FNACQ/NAPO 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 each respondent.

19. The respondents 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 CAC/FNACQ/NAPO.

20. CAC/FNACQ/NAPO may, within two weeks of receipt of any comments by the respondents, file a reply to the respondents' comments, serving a copy on each of the respondents in question.

21. All documents to be filed or served by a specific date must actually be received, and not merely mailed, by that date.

Laura M. Talbot-Allan
Secretary General

This document is available in alternative format upon request.

COS98-3_0