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ARCHIVED - Costs Order CRTC 2000-7

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Costs Order CRTC 2000-7
Ottawa, 22 February 2000
In re: Telecom Order
CRTC 99-908
Reference: BC TEL Tariff Notice 3894 and 4754-162
Application for costs by Kenneth J. White on behalf of the Small Islands Research Centre (SIRC).
Background

1.

By letter dated 19 May 1999, SIRC applied for an award of costs associated with its participation in the proceeding commenced by Telecom Public Notice CRTC 99-4: BC TEL – Proposed expansion of the Greater Vancouver local calling area. That proceeding resulted in Telecom Order CRTC 99-908, dated 20 September 1999. SIRC requested that the Commission dispense with the taxation process and fix the amount of costs at $4,949.64.

2.

BC TEL filed its answer on 28 May 1999, to which SIRC replied on 4 June 1999.
Positions of parties

3.

SIRC submitted that it had met the criteria for an award of costs, in that:
a) SIRC represented the residents of Passage Island, B.C., subscribers with an interest in the proceeding as its outcome would affect their rates directly;
b) SIRC participated in a responsible manner in the proceeding; and
c) SIRC contributed to the Commission’s better understanding of the issues raised in the proceeding.

4.

SIRC requested that BC TEL be made responsible for costs.

5.

In its answer, BC TEL submitted that SIRC’s participation was focused entirely upon matters that were not relevant to the expansion of local calling in the Greater Vancouver Region. BC TEL also noted that in the Commission’s 9 April 1999 disposition of requests for disclosure and further responses, BC TEL was not directed to respond to any of SIRC’s interrogatories. BC TEL argued that SIRC had not contributed to a better understanding of the issues by the Commission and that it should therefore not be granted costs.

6.

In reply, SIRC submitted that, in its view, BC TEL’s Tariff Notice 3894 was incomplete and that SIRC had contributed to a complete proposal consistent with both the Greater Vancouver Regional District and BC TEL presentations to the public. SIRC stated that its interrogatories, "whether relevant or not", were merely a small part of its effort to document inconsistencies between BC TEL statements and previous Commission determinations.
Commission determination

7.

The Commission considers that SIRC’s participation in this proceeding contributed to a better understanding by the Commission of the issues. In particular, SIRC’s submission assisted the Commission in understanding the issues of "usage sensitive charges" and charges that should be eliminated to obtain the Greater Vancouver Regional District objective of extended local calling. In the Commission’s view, SIRC has met the three requirements of subsection 44(1) of the CRTC Telecommunications Rules of Procedure. Accordingly, an award of costs is warranted in the circumstances.

8.

Given the size of SIRC’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.

9.

The Commission has examined the amounts claimed by SIRC and considers them to be both reasonable and necessarily incurred.
Direction as to costs

10.

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 costs to be paid to Kenneth J. White on behalf of SIRC at $4,949.64.

11.

Costs awarded herein shall be paid by BC TEL forthwith.
Secretary General
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