ARCHIVED -  Telecom Costs Order CRTC 99-9

Telecom Costs Order

Ottawa, 15 October 1999

Telecom Costs Order CRTC 99-9

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 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 Branch), BC Coalition for Information Access, End Legislated Poverty and Tenants Rights Action Coalition (BCOAPO et al.).

Background

2. By letter dated 29 January 1999, the British Columbia Public Interest Advocacy Centre applied on behalf of BCOAPO et al. for costs associated with their participation in the Service to High-Cost Serving Areas, Telecom Public Notice CRTC 97-42 (PN 97-42).

3. BCOAPO et al. submitted in their application for costs 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 10 February 1999, in response to BCOAPO et al.'s application for costs, Bell Canada filed comments on behalf 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

5. BCOAPO et al. submitted that they met the criteria for an award of costs set out in section 44 of the Rules and that BC TEL should be named as the sole respondent for costs given that the applicants' submissions focused on the needs of subscribers in the BC TEL service territory.

6. The Companies submitted that they had no objection to this application for costs, but reserved the right to make submissions at the taxation phase of the costs award process.

7. The Companies also submitted that service providers with a significant interest in the outcome of the proceeding should be required to pay costs in proportion to their telecommunications revenues.

Commission Determination

8. The Commission considers that BCOAPO et al. has satisfied the criteria for an award of costs under section 44 of the Rules.

9. The Commission determines that BC TEL is the appropriate respondent for costs given that BCOAPO et al.'s participation in this proceeding mainly focused on the needs of subscribers in the BC TEL service territory.

Direction as to Costs

10. The Commission approves the BCOAPO et al. application for costs in this proceeding.

11. For the reasons mentioned above, the Commission directs that the award of costs to BCOAPO et al. be paid by BC TEL as sole respondent for costs.

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

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

14. BCOAPO et al. shall, within 30 days of the issuance of this Order, submit a bill of costs and an affidavit of disbursements directly to the Taxing Officer, serving a copy on BC TEL.

15. 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 BCOAPO et al.

16. BCOAPO et al. 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.

17. 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