ARCHIVED - Costs Order CRTC 2000-15

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Costs Order CRTC 2000-15

 

Ottawa, 18 October 2000

 

Subject: Local competition - Proceeding to consider extending the sunset rule for near essential facilities and to treat copper loops as essential facilities 

 

Reference: 4754-177 and 8622-C12-12/00

 

Application for costs by the ARC/CAC/NAPO (Action Réseau Consommateur, the Consumers' Association of Canada and the National Anti-Poverty Organization).

 

Position of ARC/CAC/NAPO

1.

By letter dated 18 September 2000, ARC/CAC/NAPO applied for costs in relation to their participation in the above-referenced proceeding initiated by Public Notice CRTC 2000-96.

2.

ARC/CAC/NAPO submitted that they met the criteria for an award of costs, which are set out in subsection 44(1) of the CRTC Telecommunications Rules of Procedure (the Rules). In this respect, they noted:

 

a) they represent a body of subscribers that has a clear interest in the outcome of the proceeding;

 

b) they have participated responsibly; and

 

c) they have contributed to a better understanding of the issues through their comments in the proceeding.

3.

ARC/CAC/NAPO also requested that the Commission dispense with the taxation process and fix the amount of costs to be paid at $1,901.81.

4.

The Commission did not receive any comments in response to this application.

 

Commission determination

5.

The Commission considers that ARC/CAC/NAPO have satisfied the criteria for an award of costs set out in subsection 44(1) of the Rules.

6.

The Commission also 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.

7.

Further, the Commission is of the view that the amount claimed by ARC/CAC/NAPO was reasonably and necessarily incurred and should be allowed.

8.

Finally, the Commission notes that ARC/CAC/NAPO made no submissions in their application regarding appropriate respondents.

9.

The Commission considers that it would be appropriate in this case to name Bell Canada and TELUS Communications Inc. as respondents.

 

Direction as to costs

10.

The application by ARC/CAC/NAPO 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 at $1,901.81.

11.

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

 

Secretary General

 

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

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