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ARCHIVED - Costs Order CRTC 2000-8

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Costs Order CRTC 2000-8
Ottawa, 22 February 2000
In re: Telecom Order
CRTC 99-908
Reference: BC TEL Tariff Notice 3894 and 4754-161
Application for costs by 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 Coalition for Information Access, End Legislated Poverty and Tenants Rights Action Coalition (BCOAPO et al.).
Background

1.

By letter dated 7 June 1999, BCOAPO et al. applied for an award of costs associated with their 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. BCOAPO et al. requested that the Commission dispense with the taxation process and fix the amount of costs at $3,007.44.

2.

BC TEL filed its answer on 11 June 1999, to which BCOAPO et al. replied on 28 June 1999.
Positions of parties

3.

BCOAPO et al. submitted that they had met the criteria for an award of costs, in that:
a) BCOAPO et al. represent a class of subscribers who receive a benefit or suffer a detriment as a result of the proceeding;
b) BCOAPO et al. participated in a responsible manner in the proceeding; and
c) BCOAPO et al. contributed to the Commission’s better understanding of the issues raised in the proceeding.

4.

BCOAPO et al. requested that BC TEL be made responsible for costs.

5.

In its answer, BC TEL submitted that BCOAPO et al.’s participation demonstrated a lack of familiarity with the price cap regime. BC TEL argued that BCOAPO et al. had not contributed to a better understanding of the issues by the Commission and that they should therefore not be granted costs.

6.

In reply, BCOAPO et al. submitted that they had significantly assisted the Commission in understanding how the proposed price cap treatment of BC TEL’s Greater Vancouver proposal could have significant effects for BC TEL customers.
Commission determination

7.

The Commission considers that BCOAPO et al.’s efforts in this proceeding contributed to a better understanding by the Commission of the issues. In particular, BCOAPO et al.’s submission assisted the Commission in deciding that the incremental expenditures associated with BC TEL’s extended area service proposal should not be amortized over three years, but instead should use the depreciation life characteristics approved in Implementation of price cap regulation and related issues, Telecom Decision CRTC 98-2, dated 5 March 1998. In the Commission’s view, BCOAPO et al. have 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 BCOAPO et al.’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 BCOAPO et al. 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 BCOAPO et al. at $3,007.44.

11.

Costs awarded herein shall be paid by BC TEL forthwith.

 

 

Secretary General

 

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