ARCHIVED - Telecom Costs Order CRTC 2003-2

Telecom Costs Order CRTC 2003-2

Ottawa, 4 March 2003

Consumers' Association of Canada (Manitoba Branch) and the Manitoba Society of Seniors application for costs - Telecom Public Notice CRTC 2002-2

Reference: 8665-C12-15/02, Bell Canada Tariff Notices 740 and 741 (National Services Tariff) and 4754-209

1.

By letter dated 3 September 2002, the Public Interest Law Centre, on behalf of the Consumers' Association of Canada (Manitoba Branch) and the Manitoba Society of Seniors (CAC/MSOS) applied for costs with respect to their participation in the proceeding initiated by 900 Service - Agreements and consumer safeguards, Telecom Public Notice CRTC 2002-2, 9 April 2002 (the PN 2002-2 proceeding), and requested that the Commission fix their costs at $1,902.00.

2.

The Commission did not receive any comments in answer to the application.

The application

3.

CAC/MSOS submitted that they met the criteria for an award of costs set out in subsection 44(1) of the CRTC Telecommunications Rules of Procedure (the Rules) since, in their view, they represented the interests of consumers who would be affected by the outcome of the PN 2002-2 proceeding, they participated responsibly in the PN 2002-2 proceeding, and they contributed to a better understanding of the issues through their participation in the PN 2002-2 proceeding.

4.

CAC/MSOS requested that their costs be fixed as part of the costs award. CAC/MSOS submitted a bill of costs with their application, claiming an amount of $1,902.00 for legal fees.

5.

CAC/MSOS served their application on all parties to the PN 2002-2 proceeding, but did not propose which party should be responsible for costs.

Commission analysis and determination

6.

The Commission finds that CAC/MSOS have satisfied the criteria for an award of costs set out in subsection 44(1) of the Rules. Specifically, the Commission finds that CAC/MSOS: (a) are representative of a group or class of subscribers that has an interest in the outcome of the proceeding of such a nature that the intervener or group or class of subscribers will receive a benefit or suffer a detriment as a result of the order or decision resulting from the PN 2002-2 proceeding; (b) have participated in a responsible way; and (c) have contributed to a better understanding of the issues by the Commission.

7.

The Commission notes that the rates claimed by CAC/MSOS in respect of legal and consultant/analyst fees are in accordance with the rates set out in the Legal Directorate's Guidelines for the Taxation of Costs, 15 May 1998.

8.

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

9.

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

10.

The Commission notes that Bell Canada filed submissions in the PN 2002-2 proceeding on behalf of itself, Aliant Telecom Inc., MTS Communications Inc. and TELUS Communications Inc. (the Companies). Consistent with its general approach set out in Action Réseau Consommateur, the Consumers' Association of Canada, Fédération des associations coopératives d'économie familiale and the National Anti Poverty Organization application for costs - Public Notice CRTC 2001-60, Telecom Costs Order CRTC 2002-4, 24 April 2002, the Commission makes Bell Canada responsible for payment on behalf of the Companies and leaves it to the members of the Companies to determine the appropriate allocation of the costs among themselves.

Directions as to costs

11.

The Commission approves the application by CAC/MSOS for costs with respect to their participation in the PN 2002-2 proceeding.

12.

Pursuant to subsection 56(1) of the Telecommunications Act, the Commission fixes the costs to be paid to CAC/MSOS at $1,902.00.

13.

The Commission directs that the award of costs to CAC/MSOS be paid forthwith by Bell Canada on behalf of the Companies.

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