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ARCHIVED -  Telecom Costs Order CRTC 99-12

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Telecom Costs Order CRTC 99-12
  Ottawa, 1 December 1999
 

In re: Service to high-cost serving areas proceeding - Telecom Public Notice CRTC 97-42
  File No.: 8665-C12-04/97
  1. Application for costs by Tatlayoko Think Thank (TTT) for its participation in this proceeding.
  Background
  2. By letter dated 15 February 1999, TTT applied for costs associated with its participation in the Service to high-cost serving areas proceeding - Telecom Public Notice CRTC 97-42.
  3. By letter dated 4 March 1999, Bell Canada filed comments on behalf of, and with the concurrence of, BC TEL, Bell Canada, Island Telecom Inc., Maritime Tel & Tel Limited, MTS Communications Inc., NBTel Inc. and NewTel Communications Inc. (the Companies).
  Positions of the parties
  4. TTT submitted that it met the criteria for an award of costs set out in section 44 of the CRTC Telecommunications Rules of procedure (the Rules) and that BC Tel is the appropriate respondent for costs given that it had the most significant interest in the outcome of this proceeding.
  5. By letter dated 4 March 1999, the Companies questioned whether TTT contributed to the better understanding by the Commission of the issues in this proceeding, and stated that TTT indicated that it was funding its participation in that activity.
  6. The Companies also submitted that service providers with a significant interest in the outcome of the proceeding and who participated actively should be required to pay costs in proportion to their level of participation in the proceeding.
  7. In its reply dated 13 March 1999, TTT submitted that it contributed to the better understanding of the Commission by filing a submission, two interrogatories and responses to interrogatories, final argument and reply argument representing the interests of people in rural and remote areas which were directly affected by the outcome of this proceeding. TTT further submitted that it relied on an award of costs to reimburse itself.
  Commission determination
  8. The Commission considers that TTT satisfied, in part, the criteria for an award of costs under section 44 of the Rules. Section 44 sets out three criteria to be met for an award of costs to be granted. Each applicant must demonstrate that:
  a) It has, or represents a group or class of subscribers that has, an interest in the outcome of the proceeding;
  b) It has participated in a responsible way; and
  c) It has contributed to a better understanding of the issues by the Commission.
  9. The Commission finds that TTT's participation in the regional hearing in Prince George, B.C., satisfies all three criteria set out in section 44 of the Rules. However, the Commission also finds that TTT's final argument, in contrast with the regional hearing, did not focus on the key issues in this proceeding, and contributed minimally to the better understanding of the Commission.
  10. For these reasons, the Commission awards costs to TTT for the costs associated with the regional hearing, and denies the costs associated with the final argument.
  11. The Commission determines that BC TEL is the appropriate respondent for costs given that TTT's participation in this proceeding focused mainly on the needs of subscribers in the BC TEL service territory.
  Direction as to costs
  12. The Commission approves TTT's claim for costs relating to its participation in the regional hearing in this proceeding. Costs associated with final argument, with the exception of TTT's initial submission dated 1 May 1998, but including costs claimed for the preparation and filing of interrogatories, responses to interrogatories, and its final submission, all of which led to final argument, are denied for the reasons mentioned above.
  13. The award of costs to TTT shall be paid by BC TEL as sole respondent for costs.
  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. TTT 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 respondent for costs BC TEL.
  17. BC TEL may, within two weeks of receipt of those documents, file comments directly with the Taxing Officer in response to the claim for costs, serving a copy upon TTT.
  18. TTT may, within two weeks of receipt of any comments submitted by BC TEL, file a reply to such comments, serving a copy on BC TEL.
  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

Date Modified: 1999-12-01

Date modified: