ARCHIVED - Taxation Order CRTC 2000-5
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Taxation Order CRTC 2000-5 |
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Ottawa, 14 June 2000 |
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In re: Location of demarcation point for inside wire in multi-tenant buildings and associated issues – Telecom Public Notice CRTC 98-35 |
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Reference: 8644-C12-01/98 and 4768-088 |
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1. |
Philippa Lawson for Action Réseau Consommateur, the Consumers' Association of Canada and the National Anti-Poverty Organization (ARC/CAC/NAPO). |
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Taxation of costs of ARC/CAC/NAPO |
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Taxing Officer: Leanne Bennett |
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This order constitutes the taxation of costs awarded to ARC/CAC/NAPO in the proceeding initiated by Telecom Public Notice CRTC 98-35, Location of demarcation point for inside wire in multi-tenant buildings and associated issues, 2 December 1998. |
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In Costs Order CRTC 2000-3, dated 31 January 2000, costs were awarded to ARC/CAC/NAPO in accordance with section 44 of the CRTC Telecommunications Rules of Procedure (the Rules), payable by Bell Canada, Island Telecom Inc. (Island Tel), Maritime Tel & Tel Limited (MTT), MTS Communications Inc., NBTel Inc. and NewTel Communications Inc. (collectively, Bell Canada et al.); and TELUS Communications Inc. (TCI) and TELUS Communications (B.C.) Inc. (TCBC) (formerly known as BC TEL) (collectively, TCI/TCBC). |
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4. |
On 8 February 2000, ARC/CAC/NAPO submitted its Bill of Costs consisting of $2,173.51 in fees and no disbursements. |
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TCI/TCBC filed a comment on 17 February 2000 stating that the costs claimed are reasonable for the level of participation by ARC/CAC/NAPO in the proceeding. |
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Bell Canada et al. did not comment on ARC/CAC/NAPO's Bill of Costs. |
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Fees |
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a) Counsel fees |
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7. |
ARC/CAC/NAPO claimed a total of $905.63 in fees for its counsel, Ms. Philippa Lawson, consisting of 5 hours at an hourly rate of $175 after adjustment for a 50% rebate on GST. The hourly rate claimed is within the guidelines for a counsel with six to ten years' completed practice 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) Consultant's fees |
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ARC/CAC/NAPO claimed a total of $1,267.88 in fees for its consultant, Ms. Suzanne Blackwell, consisting of 7 hours at an hourly rate of $175 after adjustment for a 50% rebate on GST. The hourly rate claimed is within the guidelines for a senior 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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9. |
ARC/CAC/NAPO claimed a total of 5 hours of preparation, attendance and procedural time for Ms. Lawson. 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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ARC/CAC/NAPO claimed 7 hours for work performed by Ms. Blackwell. I find this claim to be reasonable and I will allow it. |
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Costs as taxed |
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11. |
I hereby tax the fees of ARC/CAC/NAPO, inclusive of applicable taxes, as follows: |
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Counsel fees Ms. Lawson: $905.63 |
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Consultant fees Ms. Blackwell: $1,267.88 |
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Total fees: $2,173.51 |
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Pursuant to Costs Order 2000-3, the costs awarded to ARC/CAC/NAPO are to be paid forthwith by the respondents, and in the proportion, indicated below: |
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Bell Canada, on behalf of Bell Canada et al: 80% TCI, on behalf of TCI/TCBC: 20% |
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For clarification purposes, using the 1998 telecommunications revenues for each of the six companies in the Bell Canada et al. group, their individual share of the costs payable forthwith by Bell Canada, on behalf of Bell Canada et al., to ARC/CAC/NAPO is as follows: |
| Bell Canada |
67.6% |
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| Island Tel |
0.4% |
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| MTT |
3.4% |
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| MTS |
3.8% |
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| NBTel |
3.2% |
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| NewTel |
1.6% |
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| TOTAL |
80% |
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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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