ARCHIVED - Telecom Costs Order CRTC 2004-12
This page has been archived on the Web
Information identified as archived on the Web is for reference, research or recordkeeping purposes. Archived Decisions, Notices and Orders (DNOs) remain in effect except to the extent they are amended or reversed by the Commission, a court, or the government. The text of archived information has not been altered or updated after the date of archiving. Changes to DNOs are published as “dashes” to the original DNO number. Web pages that are archived on the Web are not subject to the Government of Canada Web Standards. As per the Communications Policy of the Government of Canada, you can request alternate formats by contacting us.
Telecom Costs Order CRTC 2004-12 |
|
| Ottawa, 14 September 2004 | |
Application for costs by the British Columbia Public Interest Advocacy Centre on behalf of the British Columbia Old Age Pensioners' Organization et al. - Retail quality of service rate adjustment plan and related issues, Telecom Public Notice CRTC 2003-3 |
|
| Reference: 8660-C12-200303751 and 4754-236 | |
|
1. |
By letter dated 12 January 2004, the British Columbia Public Interest Advocacy Centre (BCPIAC), on behalf of the British Columbia Old Age Pensioners' Organization (BCOAPO), Council of Senior Citizens' Organizations of BC, federated anti-poverty groups of BC, Senior Citizens' Association of BC, West End Seniors' Network, End Legislated Poverty, and Tenants Rights Action Coalition (BCOAPO et al.), applied for costs with respect to their participation in the proceeding initiated by Retail quality of service rate adjustment plan and related issues, Telecom Public Notice CRTC 2003-3, 27 March 2003 (the Public Notice 2003-3 proceeding). |
|
2. |
By letter dated 6 April 2004, Bell Canada filed comments on behalf of Aliant Telecom Inc., Bell Canada, MTS Communications Inc., Saskatchewan Telecommunications and Télébec, société en commandite indicating that they did not oppose BCOAPO et al.'s entitlement to costs or the amount claimed. No comments were received from TELUS Communications Inc. (TCI) or TELUS Communications (Québec) Inc. |
The application |
|
|
3. |
BCOAPO 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) as they represented a group of subscribers that had an interest in the outcome of the Public Notice 2003-3 proceeding, participated responsibly in the Public Notice 2003-3 proceeding and contributed to a better understanding of the issues by the Commission through their participation in the Public Notice 2003-3 proceeding. |
|
4. |
In particular, BCOAPO et al. submitted that their group consists of the British Columbia Old Age Pensioners' Organization, Council of Senior Citizens' Organizations of BC, West End Seniors' Network, End Legislated Poverty, and the Tenants Rights Action Coalition who collectively represent many thousands of consumers, seniors, low-income persons and information rights advocates throughout the province of British Columbia. BCOAPO et al. submitted that they had participated in a responsible manner as they complied with all applicable rules and directions and made efforts to minimize costs, particularly by coordinating their intervention with other consumer groups filing evidence. |
|
5. |
BCOAPO et al. requested that the Commission fix their costs at $3,967.13, consisting of $3,961.70 for legal fees and $5.43 for disbursements. BCOAPO et al.'s claim included the Federal Goods and Services Tax on fees. BCOAPO et al. filed a bill of costs with their application. |
| 6. | BCOAPO et al. made no submissions as to the appropriate respondents in this case. |
Commission analysis and determination |
|
| 7. | The Commission finds that BCOAPO et al. have met the criteria for a costs award set out in subsection 44(1) of the Rules. Specifically, the Commission finds that BCOAPO et al. are representative of a class of subscribers that has an interest in the outcome of the Public Notice 2003-3 proceeding, have participated in a responsible way, and have contributed to a better understanding of the issues by the Commission. |
| 8. | The Commission notes that the rates claimed in respect of the legal fees are in accordance with the rates set out in the Legal Directorate's Guidelines for the Taxation of Costs, revised as of 15 May 1998. The Commission also finds that the total amount claimed by BCOAPO et al. 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 in accordance with the streamlined procedure set out in New procedure for Telecom costs award, Telecom Public Notice CRTC 2002-5, 7 November 2002. |
| 10. | With respect to the issue of the appropriate respondents, the Commission notes that it has generally determined that the appropriate respondents to an award of costs are the parties who are affected by the issues and have participated actively in the proceeding. Accordingly, the Commission finds that the appropriate respondent to BCOAPO et al.'s costs application is TCI as BCOAPO's submissions focussed solely on TCI. |
Direction as to costs |
|
| 11. | The Commission approves the application by BCPIAC on behalf of BCOAPO et al. for an award of costs with respect to their participation in the PN 2003-3 proceeding. |
| 12. | Pursuant to subsection 56(1) of the Telecommunications Act, the Commission fixes the costs to be paid to BCOAPO et al. at $3,967.13. |
| 13. | The Commission directs that the award of costs to BCOAPO et al. be paid forthwith by TCI. |
| 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: 2004-09-14
- Date modified: