ARCHIVED - Taxation Order CRTC 2000-4
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Taxation Order CRTC 2000-4 |
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Ottawa, 14 June 2000 |
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In re: New media – Call for comments – Telecom Public Notice CRTC 98-20 |
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Reference: 8697-C12-03/98 and 4768-087 |
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1. |
Andrew Reddick for the Public Interest Advocacy Centre and Action Réseau Consommateur (PIAC/ARC). |
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Taxation of costs of PIAC/ARC |
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Taxing Officer: Leanne Bennett |
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This order constitutes the taxation of costs awarded to PIAC/ARC in the proceeding initiated by Telecom Public Notice CRTC 98-20, New media – Call for comments, 31 July 1998. |
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3. |
In Costs Order CRTC 2000-2, dated 18 January 2000, 25% of its total overall costs were awarded to PIAC/ARC in accordance with subsection 44(1) of the CRTC Telecommunications Rules of Procedure (the Rules), payable by Bell Canada, on behalf of itself and Island Telecom Inc. (Island Tel), MTS Communications Inc., Maritime Tel & Tel Limited (MTT), MediaLinx Interactive Inc., NBTel Inc., NewTel Communications Inc., Northwestel Inc., Québec-Téléphone and Saskatchewan Telecommunications (SaskTel) (collectively, Bell Canada et al.), TCI Communications Inc. (TCI), the Canadian Association of Internet Providers (CAIP), Call-Net Enterprises Inc./Sprint Canada Inc. (Call-Net), the Canadian Cable Television Association (CCTA) and AT&T Canada Corp. |
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4. |
On 3 February 2000, PIAC/ARC submitted its Bill of Costs consisting of $1,675.48 in fees and no disbursements. |
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5. |
Bell Canada et al. was the only respondent to file a comment on PIAC/ARC's Bill of Costs. It had no comment on the amounts claimed by PIAC/ARC. |
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Fees |
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a) Consultant's fees |
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6. |
PIAC/ARC claimed a total of $1,554.06 in fees for its consultant, Mr. Andrew Reddick, based on a 25% cost award for 34.25 hours at an hourly rate of $175 and after adjustment for a 50% rebate on GST. The hourly rate claimed is within the guidelines for a senior consultant specified by the Commission's Legal Directorate in the Guidelines for the Taxation of Costs, revised as of 15 May 1998 (the Guidelines). I consider this rate to be appropriate and will allow the rate as claimed. |
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b) Analyst's fees |
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7. |
PIAC/ARC claimed a total of $121.42 in fees for its analyst, Ms. Marie Vallée, based on a 25% cost award for 8.5 hours at a daily rate of $400. The daily rate claimed is within the guidelines for an in-house analyst/consultant specified in the Guidelines. I consider this rate to be appropriate and will allow the rate as claimed. |
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Preparation, attendance and procedural time |
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8. |
PIAC/ARC claimed a total of 34.25 hours of preparation, attendance and procedural time for Mr. Reddick. I consider the time claimed to be reasonably and necessarily incurred in the circumstances. I will allow the hours claimed as presented. |
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9. |
PIAC/ARC claimed 8.5 hours for work performed by Ms. Vallée. PIAC/ARC appears to have based its claim on the assumption that the daily rate represents 7 hours of work. I find this claim to be reasonable and I will allow it. |
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Costs as taxed |
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10. |
I have made a correction to PIAC/ARC's calculation of 25% of Mr. Reddick's fees, which amount to $1550.88 (as opposed to $1554.06). I hereby tax the fees of PIAC/ARC, inclusive of applicable taxes, as follows: |
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Mr. Andrew Reddick: $1,550.88 Ms. Marie Vallée: $121.42 |
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Total fees: $1,672.30 |
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11. |
Pursuant to Costs Order 2000-2, the costs awarded to PIAC/ARC are to be paid forthwith by the respondents, and in the proportion, indicated below: |
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12. |
Bell Canada, on behalf of itself and Island Tel, MTS, MTT, MediaLinx, NBTel, NewTel, Northwestel, Québec-Téléphone and SaskTel: 40% |
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TCI: 13% CAIP: 13% Call-Net: 13% CCTA: 13% AT&T Canada: 8% |
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13. |
On 25 February 2000 Bell Canada et al. wrote to me stating that it did not object to the 40% allocation, but asking for clarification of the separate percentages payable by six of the ten companies in the Bell Canada et al. group, namely: Bell Canada, Island Tel, MTT, MTS, NBTel and NewTel. Bell Canada et al. stated that such clarification would assist the Bell Canada et al. group of companies in complying with the Taxation Order. Bell Canada et al. noted that the Commission had provided such a clarification regarding Taxation Order CRTC 99-2 in a letter to the former Stentor members dated 12 November 1999. In that letter the separate percentages applied to each of the former Stentor members was based on the 1998 telecommunications revenues for each of the members. |
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14. |
Therefore, for clarification purposes and on the same basis, that is using the 1998 telecommunications revenues for each of the following six companies, their individual share of the costs payable forthwith by Bell Canada, on behalf of Bell Canada et al., to PIAC/ARC is as follows: |
| Bell Canada |
31.0% |
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| Island Tel |
0.2% |
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| MTS |
1.7% |
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| MTT |
1.6% |
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| NBTel |
1.5% |
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| NewTel |
0.7% |
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TOTAL |
36.7% |
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Leanne Bennett Taxing Officer
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Secretary General |
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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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