ARCHIVED - Costs Order CRTC 2001-7

Costs Order CRTC 2001-7

Ottawa, 2 April 2001

Subject: Application to review and vary Order CRTC 2000-531: Télébec ltée - Rate restructuring

Reference: 8662-A65-01/00 and 4754-183

Application for costs by Action Réseau Consommateur and the Association coopérative d'économie familiale des Bois-Francs

1.

The Commission received an application for costs from Action Réseau Consommateur (ARC) and the Association Coopérative d'économie familiale des Bois-Francs (ACEF-BF), dated 3 January 2001, in respect of their participation in the above-referenced proceeding.

2.

ARC/ACEF-BF submitted that they satisfy the three criteria for an award of costs under section 44(1) of the CRTC Telecommunications Rules of Procedure (the Rules).

3.

ARC/ACEF-BF served their costs application on Télébec ltée. Since Télébec was the only carrier affected by the issues raised in the proceeding, it was the appropriate respondent to ARC/ACEF-BF's costs application.

4.

Télébec did not file a reply.

Commission determination

5.

Typically, costs applications are filed by interveners to the proceeding. In this case, the Commission notes that the proceeding for which costs are sought was initiated by the applicant. Pursuant to section 56 of the Telecommunications Act, the Commission may award costs not only to interveners in its proceedings, but also to an applicant, such as ARC/ACEF-BF. In the circumstances, the general criteria and procedures in section 44(1) of the Rules remain appropriate.

6.

The proceeding concerned the review of Télébec's rate increases that were approved by the Commission in OrderCRTC 2000-531, resulting in a large rate increase for subscribers. The Commission is satisfied that ARC/ACEF-BF constituents have an interest in the outcome of the proceeding, that ARC/ACEF-BF participated in a responsible way, and that they contributed to the Commission's understanding of the issues.

7.

In the view of the Commission, ARC/ACEF-BF have met the three requirements of section 44(1) of the Rules, and are therefore eligible for an award of costs.

Direction as to costs

8.

The application for an award of costs in respect of the above-referenced proceeding is approved.

9.

The Commission directs that costs awarded to ARC/ACEF-BF be paid by Télébec.

10.

Costs awarded herein shall be subject to taxation in accordance with the Rules.

11.

Costs awarded herein shall be taxed by Tariq Qureshi.

12.

ARC/ACEF-BF shall, within 30 days of the issue of this order, submit a bill of costs and an affidavit of disbursements directly to the taxing officer and serve a copy thereof on Télébec.

13.

Télébec may, within two weeks of the receipt of those documents, file comments directly with the taxing officer with respect to the costs claimed, and serve a copy thereof on ARC/ACEF-BF.

14.

ARC/ACEF-BF may, within two weeks of receipt of any comments by Télébec, file a reply to Télébec's comments, serving a copy thereof on Télébec.

15.

All documents to be filed or served by a specific date must actually be received, and not merely sent, by that date.

Secretary General

This document is available in alternative format upon request and may also be examined at the following Internet site: http://www.crtc.gc.ca