ARCHIVED - Costs Order CRTC 2001-5

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Costs Order CRTC 2001-5

  Ottawa, 14 March 2001

Subject: Public Notice CRTC 2000-97 - Service provider identification information to law enforcement agencies

  Reference: 8665-C12-10/00 and 4754-176
  Application for costs by the Public Interest Advocacy Centre (PIAC).
1. The Commission received an application for costs, dated 18 September 2000, from PIAC in respect of its participation in the proceeding commenced by CRTC Public Notice 2000-97, Seeking comments on provision of subscriber's telecommunications service provider identification information to law enforcement agencies.
2. PIAC submits that it satisfies the three criteria for an award of costs under section 44(1) of the CRTC Telecommunications Rules of Procedure (the Rules). It requests that the Commission dispense with a separate taxation process and fix the amount of costs at $597.72.
3. PIAC did not name any respondents to its costs application. It did, however, copy its application for costs to all interested parties in Public Notice 2000-97.
4. The Commission did not receive any comments in response to PIAC's application.

Commission determination

5. The Commission notes that in this particular proceeding, PIAC was not acting as an advocate for a particular association as it often does, but was acting on its own behalf. The Commission, however, notes that PIAC has individual members and acted, in this proceeding, on behalf of the public at large, as well as its own members. Accordingly, the Commission finds that PIAC meets the requirements of subsection 44(1)(a) of the Rules.
6. With respect to the scope of PIAC's participation in the proceeding, the Commission finds that although its submission may have been concise and limited to comments, PIAC nevertheless contributed to a better understanding of the issues. In particular, the Commission notes that PIAC raised questions on the status of unlisted customer information with respect to confidentiality, the protection of personal information, the reasonable expectation of privacy with respect to service provider identification, and finally, on consumer safeguards to be provided. The Commission also notes that PIAC was the only consumer voice heard in the entire process. In light of the above, the Commission finds that PIAC has participated in a responsible way, and has contributed to a better understanding of the issues, thereby satisfying the criteria in subsections 44(1)(b) and (c) of the Rules.
7. In these circumstances, the Commission considers that PIAC has met the criteria for an award of costs set out in section 44(1) of the Rules and should be awarded costs for its participation in this proceeding.
8. In the circumstances, including the small amount of costs at issue, 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 New procedure for Telecom costs awards, Telecom Public Notice CRTC 98-11, dated 15 May 1998.
9. The Commission is satisfied that the amount of costs claimed by PIAC was reasonably and necessarily incurred and should be allowed.
10. The Commission is of the view that in light of the relatively small amount, it is appropriate and administratively convenient to name Bell Canada and TELUS Communications Inc. respondents. This approach is consistent with recent costs orders.

Direction as to costs

11. The Commission hereby approves the application of PIAC for an award of costs in respect of the above-mentioned proceeding and fixes such costs in the amount claimed, namely, $597.72.
12. The Commission directs that costs awarded and fixed herein be paid forthwith by Bell Canada and TELUS. Each respondent shall pay 50% of the costs fixed herein.
  Secretary General
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Date Modified: 2001-03-14

Date modified: