ARCHIVED - Costs Order CRTC 2000-3
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| Costs Order CRTC 2000-3 | |
| Ottawa, 31 January 2000 | |
| In re: Location of demarcation point for inside wire in multi-tenant buildings and associated issues – Telecom Public Notice CRTC 98-35 | |
| File Nos.: 8644-C12-01/98 and 4754-149 | |
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Application for costs by Action Réseau Consommateur/Consumers' Association of Canada/National Anti-Poverty Organization (ARC/CAC/NAPO). |
| Background | |
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By letter dated 1 February 1999, ARC/CAC/NAPO applied for costs associated with their participation in the above-noted proceeding. |
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ARC/CAC/NAPO submitted in their application that they met the criteria for an award of costs set out in section 44 of the CRTC Telecommunications Rules of Procedure (the Rules). |
| Positions of parties | |
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On 10 February 1999 and on 2 March 1999, Bell Canada filed comments on behalf of itself, Island Telecom Inc., Maritime Tel & Tel Limited, MTS Communications Inc., NBTel Inc. and NewTel Communications Inc. (Bell et al.). |
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Bell et al. stated that they had no comments to make with respect to the application for costs by ARC/CAC/NAPO, but they reserved the right to comment in the taxation phase of the costs award process. In the view of Bell et al., the appropriate respondents for any costs awarded would be those parties who had participated actively in the proceeding and who had a significant interest in its outcome. Bell added that an appropriate model for the allocation of costs was Telecom Costs Order CRTC 99-2 dated 26 February 1999 entitled Participation in the CRTC Interconnection Steering Committee (CISC). |
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The Commission received comments, dated 24 February 1999, from the Canadian Institute of Public Real Estate Companies, the Building Owners and Managers Association Canada, and the Canadian Federation of Apartment Associations (CIPREC/BOMA/CFAA). These parties argued that they were inappropriate parties against which to award costs in this proceeding. They suggested that an obligation to pay costs would constitute a disincentive to their participation in the future, as they would be unable to budget for and control their own costs for participation. |
| Commission determination | |
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The Commission considers that ARC/CAC/NAPO has satisfied the criteria for an award of costs under section 44 of the Rules. |
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With respect to the question of appropriate respondents for costs on this application, the Commission notes that it was Stentor's proposal relating to the location of the demarcation point which ultimately gave rise to this proceeding. The Commission further notes that the proceeding was concerned with the location of the demarcation point of the telephone companies' inside wire. In the circumstances, the Commission considers that the appropriate respondents for costs are the telephone companies, namely Bell et al. and TELUS Communications Inc./TELUS Communications (B.C.) Inc. (the latter formerly known as BC TEL) (TCI/TCBC). |
| Direction as to costs | |
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The Commission approves ARC/CAC/NAPO's application for costs in this proceeding. |
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For the reasons mentioned above, the award of costs to ARC/CAC/NAPO shall be paid by Bell et al. and TCI/TCBC, in the following proportions: |
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Bell et al. 80% TCI/TCBC 20% |
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The costs awarded herein shall be subject to taxation in accordance with the Rules. |
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The costs awarded herein shall be taxed by Leanne Bennett. |
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ARC/CAC/NAPO 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 the respondents for costs. |
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The respondents for costs 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 on ARC/CAC/NAPO. |
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ARC/CAC/NAPO may, within two weeks of receipt of any comments submitted by the respondents for costs, file a reply to such comments, serving a copy on the respondents. |
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All documents to be filed or served by a specific date must actually be received, and not merely sent, by that date. |
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Secretary General |
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| This document is available in alternative format upon request and may also be viewed at the following Internet site: http://www.crtc.gc.ca |
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