ARCHIVED - Telecom Costs Order CRTC 2002-16

Telecom Costs Order CRTC 2002-16

Ottawa, 28 November 2002

Consumers' Association of Canada, the National Anti-Poverty Organization and l'Union des Consommateurs application for costs - Telecom Public Notice CRTC 2002-1

Reference: 8695-C12-19/02 and 4754-211

1.

By letter dated 11 October 2002, the Consumers' Association of Canada, the National Anti-Poverty Organization and l'Union des Consommateurs(CAC et al.) applied for costs with respect to their participation in the proceeding originated by Northwestel Inc. - Initial annual review of supplemental funding, Telecom Public Notice CRTC 2002-1, 1 March 2002 (the PN 2002-1 proceeding).

2.

CAC et al. submitted that they had met the criteria for an award of costs set out in subsection 44(1) of the CRTC Telecommunications Rules of Procedure (the Rules) because they represent a group of subscribers who will be materially affected by the outcome of the PN 2002-1 proceeding; they participated responsibly in the PN 2002-1 proceeding; and they contributed to a better understanding of the issues through their participation in the PN 2002-1 proceeding.

3.

CAC et al. requested that the Commission fix their costs at $15,169.21, consisting of $11,003.34 for consultant fees and $4,165.87 for legal fees. They included a bill of costs with their application.

4.

CAC et al. claimed 60.75 hours for consultant fees, consisting of 25.5 hours for the review of the file, 11.5 hours for the preparation of interrogatories, 11.25 hours for the preparation of comments, one hour for consultation and 11.5 hours for the preparation of disclosure requests.

5.

CAC et al. claimed 17.5 hours for legal fees, including seven hours for the preparation of comments.

6.

CAC et al. claimed hourly rates of $175.00 and $230.00 for its consultant and its legal counsel, respectively.

7.

CAC et al. submitted that the appropriate respondent in this case was Northwestel Inc. (Northwestel).

8.

Northwestel did not file an answer to the application for costs.

Commission analysis and determination

9.

The Commission finds that CAC et al. have satisfied the criteria for an award of costs set out in subsection 44(1) of the Rules. Specifically, the Commission finds that CAC et al. are representative of a class of subscribers that has an interest in the outcome of the PN 2002-1 proceeding, participated in the PN 2002-1 proceeding in a responsible manner and contributed to the Commission's better understanding of the issues.

10.

The rates claimed in respect of consultant and legal fees are in accordance with the rates set out in the Commission's Legal Directorate's Revised Guidelines for the Taxation of Costs, dated 15 May 1998.

11.

The Commission finds that the total amount claimed by CAC et al. was necessarily and reasonably incurred and should be allowed.

12.

The Commission is of the view that this is an appropriate case in which to fix costs and dispense with taxation.

Direction as to costs

13.

The Commission approves the application by CAC et al. for costs with respect to their participation in the PN 2002-1 proceeding.

14.

Pursuant to subsection 56(1) of the Telecommunications Act, the Commission fixes the costs to be paid to CAC et al. at $15,169.21.

15.

The Commission directs that the award of costs to CAC et al. be paid forthwith by Northwestel.

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