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Telecom Costs Order CRTC 2003-9
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Ottawa, 8 September 2003
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L'Union des consommateurs application for costs - Follow-up to Decision 2002-43 - Monthly Detailed Billing
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Reference: 8638-C12-76/02 and 4754-219
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1.
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By letter dated 31 March 2003, l'Union des consommateurs applied for costs with respect to its participation in the proceeding initiated in Implementation of price regulation for Télébec and TELUS Québec, Telecom Decision CRTC 2002-43, 31 July 2002, requiring TELUS Communications (Québec) Inc. (TELUS Québec) and Société en commandite Télébec (Télébec) to show cause why they should not be required to send their customers monthly itemized billing statements at the same level of detail as is currently provided on an annual basis. In its application, l'Union des consommateurs proposed that since Télébec and TELUS Québec were the only telephone companies involved in the proceeding, the payment of costs ought to be split between the two companies, in proportion to their revenues.
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2.
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On 10 April 2003, both TELUS Québec and Télébec filed responses to this application, in which they stated that they did not oppose the applicant's entitlement or the amount claimed.
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The application
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3.
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L'Union des consommateurs submitted that it 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 it represented a group of subscribers who would be materially affected by the outcome of the proceeding on Monthly Itemized Billing, it participated responsibly in the show cause proceeding, and it contributed to a better understanding of the issues through its participation in the proceeding.
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4.
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L'Union des consommateurs requested that the Commission fix its costs at $2,330.00, consisting of fees associated with the preparation of its submissions as well as the cost of photocopies. It included a bill of costs with its application.
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5.
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L'Union des consommateurs claimed two days on behalf of one lawyer at a rate of $600/day, and one and a half days on behalf of one analyst at a rate of $400/day, for time associated with the preparation of their submissions, as well as $30.00 for photocopies.
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6.
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As noted above, in its application, l'Union des consommateurs submitted that the appropriate respondents in this case were Télébec and TELUS Québec and proposed that any award of costs be made payable by these respondents in proportion to their revenues.
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Commission analysis and determination
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7.
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The Commission finds that l'Union des consommateurs has satisfied the criteria for an award of costs set out in subsection 44(1) of the Rules. Specifically, the Commission finds that l'Union des consommateurs is representative of a group or class of subscribers that has an interest in the outcome of the show cause proceeding on Monthly Itemized Billing, participated in the proceeding in a responsible manner, and contributed to the Commission's better understanding of the issues. The Commission finds that the total amount claimed by l'Union des consommateurs was necessarily and reasonably incurred and should be allowed.
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8.
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The rates claimed in respect of preparation and attendance 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.
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9.
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The Commission is of the view that this is an appropriate case in which to fix costs and dispense with taxation.
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10.
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The Commission is also of the view that the appropriate respondents for costs are Télébec and TELUS Québec, according to the proportions of their operating revenues from telecommunications activities in 2002. Those proportions are as follows:
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Télébec
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44%
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TELUS Québec
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56%
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Direction as to costs
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11.
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The Commission approves the application by l'Union des consommateurs for costs with respect to their participation in the show cause proceeding on Monthly Itemized Billing.
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12.
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Pursuant to subsection 56(1) of the Telecommunications Act, the Commission fixes the costs to be paid to l'Union des consommateurs at $2,330.00.
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13.
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The Commission directs that the award of costs to l'Union des consommateurs be paid forthwith by Télébec and TELUS Québec, according to the proportions noted in paragraph 10.
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Secretary General
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This document is available in alternative format upon request and may also be examined at the following Internet site: http://www.crtc.gc.ca
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Date Modified: 2003-09-08