ARCHIVED - Costs Order CRTC 2001-8

Costs Order CRTC 2001-8

Ottawa, 10 April 2001

Subject: Restructured bands, revised local loop rates and related issues - Public Notice CRTC 2000-27

Reference: 8661-C12-02/00 and 4754-185

Application for costs by Action Réseau Consommateur, the Consumers' Association of Canada, Fédération des associations coopératives d'économie familiale du Québec, and the National Anti-Poverty Organization (ARC etal.)

1.

By letter dated 13 February 2001, ARC et al. applied for costs associated with their participation in the above-noted proceeding.

2.

ARC et al. submitted in their application that they met the criteria for an award of costs set out in section 44 of the CRTC Telecommunications Rules of Procedure (the Rules) in that:

a) they represent a body of subscribers that has a clear interest in the outcome of the proceeding;

b) they have participated responsibly; and

c) they contributed to a better understanding of the issues through their interrogatories and comments.

3.

Only Saskatchewan Telecommunications commented on the application. It did not object to an award of costs, but recommended that any costs awarded be allocated among all interested parties that participated actively and had a significant interest in the outcome.

Commission determination

4.

The Commission considers that ARC et al. have satisfied the criteria for an award of costs under section 44 of the Rules.

5.

With respect to the question of appropriate respondents for costs on this application, the Commission considers that all local exchange carriers who participated actively in the proceeding should be responsible for a portion of ARC et al.'s costs. On this basis, the Commission is of the view that the following participants should be named as respondents: AT&T Canada Corp. (on behalf of itself, Call-Net Enterprises Inc. and C1.com Inc.), Bell Canada (on behalf of itself, MTS Communications Inc., MTT, NBTel Inc., NewTel Communications Inc. and Island Telecom Inc.), Microcell Telecommunications Inc., SaskTel and TELUS Communications (B.C.) Inc. The Commission further considers that the amount that each respondent contributes should be based on such factors as their relative size, and their participation and stake in the proceeding.

Direction as to costs

6.

The Commission approves ARC et al.'s application for costs in this proceeding.

7.

For the reasons mentioned above, the award of costs to ARC et al. shall be paid by the above named respondents in the following proportions:

AT&T Canada (on behalf of itself,        12%
Call-Net and C1.com)

Bell Canada (on behalf of itself,            62%
MTS, MTT, NBTel, NewTel and
Island Tel)

Microcell                                                     2%

SaskTel                                                       3%

TELUS Communications (B.C.) Inc.      21%

8.

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

9.

The costs awarded herein shall be taxed by Mathilda Haykal-Sater.

10.

ARC et al. shall, within 30 days of the issuance of this order, submit a bill of costs and an affidavit of disbursements directly to the taxing officer, serving a copy on the respondents for costs.

11.

The respondents for cost may, within two weeks of receipt of those documents, file comments directly with the taxing officer in response to the claim for costs, serving a copy on ARC et al.

12.

ARC et al. may, within two weeks of receipt of any comments submitted by the respondents for costs, file a reply to such comments, serving a copy on the respondents.

13.

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