ARCHIVED -  Telecom Costs Order CRTC 99-10

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Telecom Costs Order

Ottawa, 28 October 1999

Telecom Costs Order CRTC 99-10

In re: Service to High-Cost Serving Areas Proceeding - Telecom Public Notice CRTC 97-42

File Nos.: 8665-C12-04/97 and 4754-153

1. Application for costs by ACA et al., which consist of the Alberta Council on Aging (ACA), the Consumers' Association of Canada, the Fédération nationale des associations de consommateurs du Québec (FNACQ), the National Anti-Poverty Organization (NAPO) and the Rural Dignity of Canada.

Background

2. By letter dated 15 February 1999, the Public Interest Advocacy Centre applied on behalf of ACA et al. for costs associated with their participation in this proceeding.

3. In support of their application for costs, ACA et al. submitted that they met the criteria for an award of costs set out in section 44 of the CRTC Telecommunications Rules of Procedure (the Rules).

4. By letter dated 3 March 1999, Bell Canada (Bell), on behalf and with the concurrence of BC TEL, Bell, Island Telecom Inc. (Island Tel), Maritime Tel & Tel Limited (MTT), MTS Communications Inc. (MTS), NBTel Inc. (NBTel) and NewTel Communications Inc. (NewTel) (the Companies), filed a response to ACA et al.'s application.

Positions of the Parties

5. ACA et al. submitted that they met the criteria for an award of costs in that they:

a) represent a large body of residential subscribers and potential subscribers whose interests will be affected by the outcome of this proceeding;

b) have participated in a responsible manner; and

c) have contributed to the better understanding of the issues raised in this proceeding.

6. ACA et al. also submitted that service providers with a significant interest in the outcome of the proceeding should be required to pay for costs, in proportion to their telecommunications revenues.

7. Bell responded on behalf of the Companies that it had no objection to ACA et al.'s application for costs, but reserved the right to make submissions at the taxation phase of the costs award process.

8. It also submitted that the appropriate respondents would be those parties who have a significant interest in the outcome of the proceeding and who actively participated therein.

Commission Determination

9. The Commission considers that ACA et al. has satisfied the criteria for an award of costs set out in the Rules. An award of costs is therefore warranted.

10. The Commission considers that Northwestel Inc. (Northwestel) and the former Stentor members, Island Tel, MTT, NBTel, NewTel, Bell, MTS, TELUS Communications Inc. (TCI), and BC TEL, are the appropriate respondents for costs, given the national scope of the interests represented by ACA et al. and that these parties have a significant interest in the outcome of this proceeding and actively participated therein.

11. In accordance with its practice, the Commission finds that the costs claimed by ACA et al. shall be payable by the respondents on a pro rata basis in proportion to the operating revenues derived from their telecommunications activities as reported in their most recent audited financial statements.

Direction as to Costs

12. The Commission approves the application for costs filed by ACA et al. for their participation in this proceeding.

13. For the reasons mentioned above, the Commission directs that the award of costs be paid by Northwestel, Island Tel, MTT, NBTel, NewTel, Bell, MTS, TCI and BC TEL as respondents for costs, in proportion to their telecommunications revenues.

14. The costs awarded herein shall be subject to taxation in accordance with the Rules.

15. It is further directed that the costs awarded herein be taxed by Annie Paré.

16. ACA et al. shall, within 30 days of the issuance of this Order, submit a bill of costs and affidavit of disbursements directly to the Taxing Officer, serving a copy on the respondents.

17. The respondents may, within two weeks of receipt of those documents, file comments directly with the Taxing Officer in response to the bill of costs, serving a copy upon ACA et al.

18. ACA et al. may, within two weeks of receipt of any comments submitted by any of the respondents for costs, file a reply to such comments, serving a copy on the respondents.

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

Secretary General

This document is available in alternative format upon request and may also be viewed at the following Internet site: http://www.crtc.gc.ca

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