ARCHIVED - Telecom Costs Order CRTC 2003-3

Telecom Costs Order CRTC 2003-3

Ottawa, 20 March 2003

Consumers' Association of Canada, the National Anti-Poverty Organization and l'Union des Consommateurs application for costs -Follow-up to Decision 2002-34 - Show Cause Monthly Itemized Billing

Reference: 8638-C12-60/02 and 4754-214

1.

By letter dated 15 November 2002, the Public Interest Advocacy Centre, on behalf of 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 show cause proceeding regarding itemized monthly billing, initiated in Regulatory framework for second price cap period, Telecom Decision CRTC 2002-34, 30 May 2003, (the show cause proceeding).

2.

Bell Canada and Aliant Telecom Inc. (Aliant Telecom) filed a joint answer to the application for costs, in which they stated that they did not oppose the applicants' entitlement or the amount claimed.

The application

3.

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 show cause proceeding; they participated responsibly in the show cause proceeding; and they contributed to a better understanding of the issues through their participation in the show cause proceeding.

4.

CAC et al. requested that the Commission fix their costs at $2,856.60, consisting entirely of legal fees. They included a bill of costs with their application.

5.

CAC et al. claimed 12 hours for legal fees at a rate of $230.00 per hour.

6.

CAC et al. submitted that the appropriate respondents in this case were Bell Canada and Aliant Telecom and proposed that any award of costs be made payable by these respondents in proportion to their revenues.

Commission analysis and determination

7.

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 group or class of subscribers that has an interest in the outcome of the show cause proceeding, participated in the show cause proceeding in a responsible manner, and contributed to the Commission's better understanding of the issues.

8.

The rate claimed in respect of legal fees is 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.

9.

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

10.

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

11.

The Commission is also of the view that, under the circumstances, it is appropriate to apportion costs among the respondents in proportion to their operating revenues from telecommunications activities. Accordingly, the Commission finds that the responsibility for the payment of costs should be allocated as follows:

Bell Canada

87%

Aliant Telecom

13%

Direction as to costs

12.

The Commission approves the application by CAC et al. for costs with respect to their participation in the show cause proceeding.

13.

Pursuant to subsection 56(1) of the Telecommunications Act, the Commission fixes the costs to be paid to CAC et al. at $2,856.60.

14.

The Commission directs that the award of costs to CAC et al. be paid forthwith by Bell Canada and Aliant Telecom, according to the proportions noted in paragraph 11.

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