ARCHIVED - Costs Order CRTC 2000-9

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Costs Order CRTC 2000-9
Ottawa, 15 March 2000
In re: MTS proposed adoption of CICA Handbook Section 3465
Reference: 8654-M3-02/99
Application for costs by the Consumers Association of Canada (Manitoba)/Manitoba Society of Seniors (CAC/MSOS).
Background

1.

By letter dated 12 January 2000, CAC/MSOS applied for an award of costs associated with its participation in the proceeding commenced by the Commission’s letter of 23 July 1999 regarding the proposed adoption by MTS Communications Inc. of the provisions of section 3465 of the Handbook of the Canadian Institute of Chartered Accountants (CICA). MTS made this proposal in its 1998 Phase III/Split Rate Base Manual update submitted to the Commission on 31 March 1999. CAC/MSOS requested that the Commission dispense with the taxation process and fix the amount of costs at $2,973.39.

2.

MTS did not answer CAC/MSOS’s application.
Position of the applicant

3.

CAC/MSOS submitted that it had met the criteria for an award of costs, in that:
a) CAC/MSOS represent, collectively, over 10,000 members as well as many other Manitoba consumers whose interests may be affected by the adoption of section 3465;
b) CAC/MSOS participated in a responsible manner in the proceeding; and
c) CAC/MSOS contributed to the Commission’s better understanding of the issues raised in the proceeding.

4.

CAC/MSOS requested that MTS be made responsible for costs.
Commission determination

5.

In the Commission’s view, CAC/MSOS 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.

6.

Given the size of CAC/MSOS’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.

7.

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

8.

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 CAC/MSOS at $2,973.39.

9.

Costs awarded herein shall be paid by MTS forthwith.

 

Secretary General

 


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