ARCHIVED -  Telecom Costs Order CRTC 99-6

Telecom Costs Order

Ottawa, 14 September 1999

Telecom Costs Order CRTC 99-6

In re: Telecom Order CRTC 98-1186

File No.: 8638-C12-19/98

Application for costs by the BC Old Age Pensioners' Organization, Council of Senior Citizens' Organizations of BC, federated anti-poverty groups of BC, Senior Citizens' Association of BC, West End Seniors' Network, Consumers' Association of Canada, BC Coalition for Information Access, End Legislated Poverty, and Tenants Rights Action Coalition (BCOAPO et al.).

Background

1.In Decision 98-8, Local Pay Telephone Competition and in Telecom Order CRTC 98-626, the Commission established certain consumer safeguards with respect to the provision of public pay telephones. As part of a follow-up proceeding which led to Telecom Order CRTC 98-1186, the Commission considered comments it received on requirements relating to pay telephone keypads. BCOAPO et al. intervened in this proceeding, and by letter dated 7 December 1998 applied for costs. Stentor Resource Centre Inc. (Stentor) filed its answer on 14 December 1998.

Positions of the Parties

2.BCOAPO et al. submitted that it had met the criteria for costs set out in subsection 44(1) of the CRTC Telecommunications Rules of Procedure (the Rules), in that:

(a) BCOAPO et al. represents a class of subscribers who will receive a benefit or suffer a detriment as a result of this proceeding;

(b) BCOAPO et al. participated in a responsible manner in this proceeding; and

(c) BCOAPO et al. significantly assisted the Commission in understanding the issue of accessibility of pay phones for the disabled community.

3.BCOAPO et al. requested that the amount claimed be fixed, and that Stentor, AT&T Canada Long Distance Services Company (now AT&T Canada Corp.), Call-Net Enterprises Inc. and Canada Payphone Corporation be made responsible for costs.

4.In its answer, Stentor submitted that it had no comments to make respecting the application of BCOAPO et al., except regarding the issue of the appropriate respondents. Stentor submitted that any costs awarded should be payable by those existing and potential providers of competitive pay telephone service who participated actively in the proceeding, apportioned in amounts which would reflect the relative degree of interest each has in its outcome.

Commission Determination

5.In the Commission's view, BCOAPO et al. has met the three requirements of subsection 44(1) of the Rules. Accordingly, an award of costs is warranted in the circumstances.

6.The Commission has examined the amounts claimed by BCOAPO et al. and considers them to be both reasonable and necessarily incurred.

7.Given the size of BCOAPO et al.'s claim and the relative brevity of this paper proceeding, the Commission considers that this is an appropriate case in which to dispense with taxation and fix the costs in accordance with the streamlined procedure set out in Telecom Public Notice CRTC 98-11.

8.In the circumstances of this case, including the small amount involved in the application for costs, the Commission considers it appropriate that costs be payable by the companies represented in the proceeding by Stentor.

Direction as to Costs

9.The application for an award of costs in respect of the above-mentioned proceeding is approved. Pursuant to subsection 56(1) of the Telecommunications Act, the Commission fixes the amount payable in the amount of $859.28.

10.Costs awarded herein shall be payable by BC TEL, Bell Canada, Island Telecom Inc., Maritime Tel & Tel Limited, MTS Communications Inc., NBTel Inc., NewTel Communications Inc., TELUS Communications Inc. (TELUS), Québec-Téléphone, Northwestel Inc. and Télébec ltée.

11.Each of the above-named respondents shall be responsible for paying one-twelfth of the amount awarded, with the exception of TELUS, which shall be responsible for one-sixth, as both TELUS and TELUS Communications (Edmonton) Inc. participated in the proceeding.

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