ARCHIVED - Costs Order CRTC 2000-11

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Costs Order CRTC 2000-11
Ottawa, 17 May 2000
In re: Application to reduce direct connection charges and to adjust price cap; Application to review and vary the Commission's 9 March 2000 decision to deny a price cap adjustment

 

Reference: 4754-170; 8662-B20-01/00; and 8643-B2-01/99

Applications for costs by Action Réseau Consommateurs, the Consumers' Association of Canada, and the National Anti-Poverty Organization (ARC et al.)
Background

1.

The Commission received applications from ARC et al., dated 22 February and 4 April 2000, for costs associated with their participation in the above-noted proceedings. In addition, given the relatively small amounts in question, ARC et al. requested that their cost be fixed as part of the costs award determination, so as to dispense with the need for a separate taxation process.

2.

The applicants claimed a total of $3,305.54: $2,445.19 for their participation in the original proceeding and an additional $860.35 for their participation in the review and vary proceeding.

3.

The Commission did not receive any comments in response to the applications.

Commission determination

4.

In the view of the Commission, ARC et al. have met the three requirements of subsection 44(1) of the CRTC Telecommunications Rules of Procedure, and are therefore eligible for an award of costs.

5.

The Commission notes that the submissions by ARC et al. in the proceedings in question were succinct and raised relevant and helpful issues. Their submissions offered a different and informative perspective to the record of the proceedings. The Commission is thus satisfied that ARC et al. contributed to a better understanding of the issues by the Commission and that they participated in a responsible way.

6.

The Commission is also satisfied that the constituents of ARC et al. have an interest in the outcome of the proceedings of such a nature that they will receive a benefit or suffer a detriment as a result of the decision derived from the proceeding.

7.

In their applications, ARC et al. suggested their cost be paid by the applicants to the proceedings in questions, Bell Canada, Island Telecom Inc., Maritime Tel & Tel Limited, MTS Communications Inc., NBTel Inc., NewTel Communications Inc, TELUS Communications (B.C.) Inc. and TELUS Communications Inc. (TCI).

8.

The Commission considers that in light of the relatively small amounts of costs at issue, it would be more appropriate and administratively convenient to name Bell Canada and TCI as respondents.

9.

Finally, 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 New procedure for telecom costs awards, Telecom Public Notice CRTC 98-11, dated 15 May 1998.

10.

The Commission is satisfied that the amount of costs claimed were reasonably and necessarily incurred and should be allowed.

Direction as to costs

11.

The Commission hereby approves the applications for an award of costs in respect of the above-mentioned proceedings and fixes such costs in the amount claimed, namely $3,305.54.

12.

The Commission directs that costs awarded and fixed herein be paid forthwith by Bell Canada and TCI. Each company shall pay 50% of the costs fixed herein.

Secretary General


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

 

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