ARCHIVED - Telecom Costs Order CRTC 2004-1
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Telecom Costs Order CRTC 2004-1 |
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| Ottawa, 8 January 2004 | ||
Union des Consommateurs' application for costs - Competition in the local exchange and local payphone markets in the territories of Québec-Téléphone and Télébec ltée, Public Notice CRTC 2001-24 |
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| Reference: 4754-228 and 8622-C12-13/01 | ||
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1. |
By letter dated 26 June 2001, the Action Réseau Consommateur, now known as Union des Consommateurs (UDC), applied for costs with respect to its participation in the proceeding initiated by Competition in the local exchange and local payphone markets in the territories of Québec-Téléphone and Télébec ltée, Public Notice CRTC 2001-24, 9 February 2001 (Public Notice 2001-24). | |
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2. |
By letters dated 25 November 2003, Société en commandite Télébec (formerly known as Télébec ltée) (Télébec) and TELUS Communications (Québec) Inc. (formerly known as Québec-Téléphone) (TELUS Québec), indicated that it did not oppose UDC's costs application. | |
The application |
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3. |
UDC submitted that it met the criteria for an award of costs set out in section 44(1) of the CRTC Telecommunications Rules of Procedure (the Rules) because it represented a group or class of subscribers who had a clear interest in the outcome of the proceeding, it participated responsibly and it contributed to a better understanding of the issues. | |
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4. |
UDC requested that the costs be fixed as part of the costs award and submitted a bill of costs with its application, claiming an amount of $685.71, consisting of fees associated with the preparation of its submissions, representing one day and five hours of work by its analyst. | |
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5. |
UDC did not name any respondents, but copied its costs application to TELUS Québec and Télébec. | |
Commission analysis and determination |
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6. |
The Commission finds that UDC has met the criteria for an award of costs set out in subsection 44(1) of the Rules. Specifically, the Commission finds that UDC: (a) represented a class of subscribers that has an interest in the outcome of the proceeding of such a nature that the group of subscribers have received a benefit or suffered a detriment as a result of the orders in the proceeding; (b) participated in a responsible way; and (c) contributed to a better understanding of the issues by the Commission. | |
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7. |
The Commission is of the view that this is an appropriate case in which to fix the costs and dispense with taxation in accordance with the streamlined procedure set out in New procedure for Telecom costs awards, Telecom Public Notice CRTC 2002-5, 7 November 2002. | |
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8. |
The Commission notes that the rate claimed in respect of analyst fees is in accordance with the rate set out in the Legal Directorate's Guidelines for the Taxation of Costs, 15 May 1998. The Commission also finds that the total amount claimed by UDC was necessarily and reasonably incurred and should be allowed. | |
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9. |
The Commission is also of the view that the appropriate respondents for costs are TELUS Québec and Télébec, according to the proportions of their telecommunications operating revenues in 2002. Those proportions are as follow: | |
| TELUS Québec | 54% | |
| Télébec | 46% | |
Directions as to costs |
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10. |
The Commission approves the application by UDC for costs with respect to its participation in the Public Notice 2001-24 proceeding. |
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11. |
Pursuant to subsection 56(1) of the Telecommunications Act, the Commission fixes the costs to be paid to UDC at $685.71. |
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12. |
The Commission directs that the award of costs to UDC be paid forthwith by TELUS Québec and Télébec, according to the proportions noted in paragraph 9. |
| 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 |
Date Modified: 2004-01-08
- Date modified: