ARCHIVED - Taxation Order CRTC 2001-1

Taxation Order CRTC 2001-1

Ottawa, 28 February 2001

Subject: Northwestel Inc. - Implementation of toll competition and review of regulatory framework, quality of service and related matters - Telecom Public Notice CRTC 99-21

Reference: 8622-N1-04/99 and 4768-090

Roger Rondeau for the Utilities Consumers' Group (UCG).

Taxation of costs of UCG

Taxing Officer: Tariq Qureshi

This order constitutes the taxation of costs awarded to UCG in the proceeding initiated by Telecom Public Notice CRTC 99-21: Northwestel Inc. - Implementation of toll competition and review of regulatory framework, quality of service and related matters, dated 1 October 1999.

In Costs Order CRTC 2000-14, dated 12 September 2000, costs were awarded to UCG relating to its participation in this proceeding, in accordance with subsection 44(1) of the CRTC Telecommunications Rules of Procedure (the Rules), payable by Northwestel Inc.

On 24 July 2000, UCG submitted its Bill of Costs in the amount of $10,971.35, consisting of $596.35 in disbursements and $10,375 in fees. A supplementary letter was filed with the Taxing Officer and copied on Northwestel on 22 December 2000 regarding clarification of disbursements for meals and travel expenses.

No comments were received from Northwestel with respect to UCG's Bill of Costs, and it did not file any reply with respect to UCG's answer to the supplementary letter.

Fees

UCG has claimed a total of $10,375 for services rendered by Mr. Rondeau, President of UCG. His participation in this proceeding may be compared to that of a consultant. I note that in a previous award of costs, involving similar circumstances, the Commission determined that the most appropriate designation for Mr. Rondeau under the Commission's Legal Directorate's Guidelines for the Taxation of Costs (the Guidelines) is as an in-house analyst/consultant.

The rates claimed by UCG for the services of Mr Rondeau are $200 and $400 on a daily basis. I note that these rates are at or below that specified in the Commission's Guidelines for an in-house analyst/consultant, and I accept these rates to be appropriate in the circumstances.

Preparation and attendance time

The proceeding was initiated by the Commission to consider the appropriate terms and conditions needed to introduce toll competition in Northwestel's territory. The proceeding also addressed the appropriate changes that may be necessary to the existing regulatory framework when implementing toll competition, including the method of regulation for Northwestel. The process was extensive and included two sets of interrogatories, responses, and requests for further responses and disclosure of information for which confidentiality had been claimed. Further, two regional consultations were conducted in Whitehorse, Yukon, and there was a main oral hearing, followed by the filing of comments and reply comments.

UCG has claimed a total of 25 days of preparation and procedural time, and 7 days of attendance at the hearing for Mr. Rondeau. UCG filed submissions and interrogatories. UCG also filed requests for public disclosure and further responses. Furthermore, Mr. Rondeau was present at the regional hearing in Whitehorse and actively participated during the main hearing cross-examining witness panels. In light of Mr. Rondeau's extensive participation in all aspects of this hearing, I find the time claimed by UCG for this proceeding to be reasonable and I will allow it.

Disbursements

In its Bill of Costs, UCG claimed $596.35, including taxes, for disbursements. This includes $330 for photocopies and long distance (telephone/fax), $112.35 for inter-city car travel at a rate of $0.35 per kilometre, and $154 for meals.

In its supplementary letter filed with me, UCG rectified its claim for inter-city car travel, claiming $39.20 at a rate of $0.35. The mileage claim represents 7 trips made during the course of the hearing, from UCG's place of business to the location of the hearing and back.

Actual out-of-pocket travel expenses are generally only recoverable by out-of-town representatives. I note that UCG's place of business is located in Whitehorse. However, because the venue for this forum was a considerable distance from UCG's office, I am of the view that the amounts claimed were reasonably and necessarily incurred. Similarly, I will allow the amount claimed for meal expenses, as they were incurred for working lunches where Mr. Rondeau met with colleagues to discuss aspects of the hearing. Similar costs have been approved by taxing officers in past proceedings. I find this payment to be an acceptable proxy for the likely amount of time spent in preparation during the mealtime.

Costs as taxed

I hereby tax the fees and disbursements of UCG, inclusive of all applicable taxes, as follows: