ARCHIVED - Telecom Costs Order CRTC 2004-5

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Telecom Costs Order CRTC 2004-5

  Ottawa, 5 April 2004

Public Interest Advocacy Centre's application for costs - Northwestel Inc. - Annual review of supplemental funding, Telecom Public Notice CRTC 2003-7

  Reference: 8695-C12-200307414 and 4754-229


By letter dated 12 December 2003, the Public Interest Advocacy Centre on behalf of the Consumer Groups applied for costs with respect to its participation in the proceeding initiated by Northwestel Inc. - Annual review of supplemental funding, Telecom Public Notice CRTC 2003-7, 20 June 2003 (the Public Notice 2003-7 proceeding).


The Consumer Groups served their application on Northwestel Inc. and all interested parties to the Public Notice 2003-7 proceeding but did not propose which party should be responsible for costs.

The application


The Consumer Groups 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 2003-7 proceeding, participated responsibly in the Public Notice 2003-7 proceeding, and contributed to a better understanding of the issues by the Commission through their participation in the Public Notice 2003-7 proceeding.


The Consumer Groups requested that the Commission fix their costs at $7,571.54, consisting of $2,047.23 for legal fees and $5,524.31 for analyst fees. The Consumer Groups' claim included the Federal Goods and Services Tax (GST) on fees less the rebate to which the Consumer Groups are entitled in connection with GST. The Consumer Groups filed a bill of costs with their application.



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

Commission analysis and determination


The Commission finds that the Consumer Groups have satisfied the criteria for an award of costs set out in subsection 44(1) of the Rules. Specifically, the Commission finds that the Consumer Groups are representative of a group or class of subscribers that has an interest in the outcome of the Public Notice 2003-7 proceeding, have participated in a responsible way, and have contributed to a better understanding of the issues by the Commission.


The Commission notes that the rates claimed in respect of analyst and 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 the Consumer Groups was necessarily and reasonably incurred and should be allowed.


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.


The Commission finds that the appropriate respondent to the Consumer Groups' costs application is Northwestel Inc.

Direction as to costs


The Commission approves the application by the Consumer Groups for costs with respect to their participation in the Public Notice 2003-7 proceeding.


Pursuant to subsection 56(1) of the Telecommunications Act, the Commission fixes the costs to be paid to the Consumer Groups at $7,571.54.


The Commission directs that the award of costs to the Consumer Groups be paid forthwith by Northwestel Inc.
  Secretary General
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Date Modified: 2004-04-05

Date modified: