ARCHIVED - Taxation Order CRTC 2000-7
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Taxation Order CRTC 2000-7 |
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Ottawa, 22 June 2000 |
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In re: Service to high-cost serving areas proceeding – Telecom Public Notice CRTC 97-42
Reference: 8665-C12-04/97 and 4768-085 |
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Mr. Byron Williams for the Manitoba Keewatinowi Okimakanak (MKO). |
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Taxation of costs of MKO |
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Taxing Officer: Annie Paré |
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1. |
This order constitutes the taxation of costs awarded to MKO in the proceeding initiated by Telecom Public Notice CRTC 97-42, Service to high-cost serving areas, dated 18 December 1997. |
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2. |
In Telecom Costs Order CRTC 99-11, dated 1 December 1999, costs were awarded to MKO in accordance with subsection 44(1) of the CRTC Telecommunications Rules of Procedure (the Rules), payable by MTS Communications Inc. |
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3. |
On 19 January 2000, MKO submitted its Bill of Costs consisting of $54,973.00 in fees and $10,499.06 in disbursements. I note that Form V, the Summary of Fees and Disbursements, incorrectly identified total fees and disbursements as $54,973.00, instead of the correct $65,472.06. The applicant clearly made an error in transcribing the final line of this form. Because all amounts claimed were identified on this form and in the supporting documentation, I will tax the Bill of Costs at $65,472.06. |
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4. |
MTS did not file comment on MKO's Bill of Costs. |
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Fees |
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a) Counsel fees |
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5. |
MKO claimed a total of $41,776.00 in fees for its legal counsel, Mr. Byron Williams, consisting of 298.4 hours at an hourly rate of $140. The hourly rate claimed is within the guidelines 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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6. |
MKO claimed a total of $9,100.00 in fees for its consultant, Mr. John D. Todd, consisting of 52 hours at an hourly rate of $175. 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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c) Analysts' fees |
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7. |
MKO claimed a total of $447.00 in fees for its analysts, Ms. Betsy Gibbons and Ms. Anna Luciani-Marco, consisting of 6.1 and 0.9 hours, respectively, at hourly rates of $60 and $90, respectively. The hourly rates claimed are within the guidelines for an analyst with 0 to 4 years experience specified in the Guidelines. I consider these rates to be appropriate and will allow the rates as claimed. |
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d) Expert witness' fees |
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8. |
MKO claimed a total of $3,650.00 in fees for Mr. Doug Smith, identified as an expert witness, consisting of 73 hours, at an hourly rate of $50. The hourly rate claimed is within the guidelines for services by an expert witness for services other than attendance at an oral hearing for the purpose of testifying, as specified in the Guidelines. I note that the rate is also within the guidelines for an analyst with 0 to 4 years experience. 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. |
MKO claimed a total of 298.4 hours of preparation, attendance and procedural time for its legal counsel Mr. Byron Williams. I consider the time claimed to be reasonably and necessarily incurred in the circumstances. I will allow the claim as presented. |
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10. |
MKO claimed 52 hours for work performed by their consultant, Mr. Todd. I find this claim to be reasonable and I will allow it. |
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11. |
MKO claimed 6.1 hours, 0.9 hour and 73 hours for work performed by Ms. Gibbons, Ms. Luciani-Marco and Mr. Smith. I find these claims to be reasonable and I will allow them. |
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Disbursements |
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12. |
In its Bill of Costs, MKO claimed $10,499.06 for disbursements. This included $8,787.36 for photocopies, postage/courier, long distance telephone calls or fax and transcripts. It also included $1,022.00 for air travel, $401.20 for hotel accommodation, $144.00 for meals and $144.50 for research expenses. I consider these amounts to be reasonable and I will allow the disbursements as claimed. |
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Costs as taxed |
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13. |
I hereby tax the fees and disbursements of MKO, inclusive of applicable taxes, as follows: |
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Legal counsel |
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| Mr. Byron Williams | $41,776.00 | |
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Consultant/Analysts/Expert witness |
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| Mr. John D. Todd |
$9,100.00 |
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| Ms. Betsy Gibbons |
$366.00 |
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Ms. Anna Luciani-Marco |
$81.00 |
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| Mr. Doug Smith |
$3,650.00 |
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| Total fees |
$54,973.00 |
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| Disbursements | ||
| Photocopies | $4,003.60 | |
| Postage/Courier |
$3,448.60 |
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| Long distance (telephone/fax) |
$698.16 |
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| Transcripts |
$637.00 |
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| Air travel |
$1,022.00 |
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| Hotel accommodation |
$401.20 |
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| Meals |
$144.00 |
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| Research expenses |
$144.50 |
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| Total Disbursements |
$10,499.06 |
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Total fees and disbursements |
$65,472.06 |
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As noted above, pursuant to Costs Order 99-11, this amount is to be paid forthwith by MTS. |
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Annie Paré 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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