ARCHIVED - Telecom Costs Order CRTC 2004-9
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Telecom Costs Order CRTC 2004-9 |
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| Ottawa, 18 May 2004 | ||
Application for costs by the British Columbia Old Age Pensioners' Organization et al. - Access to pay telephone service, Telecom Public Notice CRTC 2002-6 |
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| Reference: 8665-C12-18/02 and 4754-223 | ||
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1. |
By letters dated 31 July 2003 and 22 August 2003, the British Columbia Old Age Pensioners' Organization et al. (BCOAPO et al.) applied for its costs with respect to its participation in the proceeding initiated by Access to pay telephone service, Telecom Public Notice CRTC 2002-6, 5 December 2002 (PN 2002-6). | |
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2. |
The Commission did not receive any comments in answer to the application. | |
The application |
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3. |
BCOAPO et al. 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) as it represents a group of subscribers that has an interest in the outcome of the PN 2002-6 proceeding, it had participated responsibly in the PN 2002-6 proceeding, and it had contributed to a better understanding of the issues by the Commission through its participation in the PN 2002-6 proceeding. | |
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4. |
In particular, BCOAPO et al. submitted that its group consists of the BC 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 it had participated in a responsible manner as it complied with all applicable rules and directions and made efforts to minimize costs, particularly by coordinating their intervention with other consumer groups filing evidence. | |
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5. |
BCOAPO et al. requested that the Commission fix its costs at $13,702.17, consisting of $13,142.02 for legal fees and $560.15 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 its application. | |
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6. |
BCOAPO et al. made no submission as to the appropriate respondents in this case. |
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Answer |
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7. |
The Commission did not receive any comments in answer to the application. | |
Commission analysis and determination |
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8. |
The Commission finds that BCOAPO et al. has satisfied the criteria for an award of costs set out in subsection 44(1) of the Rules. Specifically, the Commission finds that BCOAPO et al. is representative of a group or class of subscribers that has an interest in the outcome of the proceeding, has participated in a responsible way, and has contributed to a better understanding of the issues by the Commission. | |
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9. |
The Commission notes that the rates claimed in respect of 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. | |
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10. |
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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11. |
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. The Commission further notes that the incumbent local exchange carriers made party to the PN 2002-6 proceeding were Aliant Telecom Inc., Bell Canada, MTS Communications Inc., Saskatchewan Telecommunications and Télébec Limited Partnership, (collectively, the Companies) and TELUS Communications Inc. (TCI) and TELUS Communications (Québec) Inc., (collectively, TELUS), and participated actively in the proceeding. | |
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12. |
The Commission finds, therefore, that the appropriate respondents to BCOAPO et al.'s costs application are the Companies and TELUS. | |
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13. |
The Commission notes that it has, in previous decisions, allocated the responsibility for the payment of costs among respondents on the basis of the respondents' telecommunications operating revenues (TORs), as an indicator of the relative size and interest of the parties involved in the proceeding. The Commission is of the view that, in the present circumstances, it is appropriate to apportion the costs among the respondents in proportion to their TORs, as reported in their most recent audited financial statements. | |
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14. |
Given the relative differences in telecommunications revenues between the Companies and TELUS, the Commission finds that the responsibility for the payment of costs should be allocated as follow: | |
| The Companies | 76% | |
| TELUS | 24% | |
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15. |
The Commission notes that in the PN 2002-6 proceeding, Bell Canada filed submissions on behalf of the Companies and TCI filed submissions on behalf of TELUS. Consistent with its general approach articulated in Action Réseau Consommateur, the Consumers' Association of Canada, Fédération des associations coopératives d'économie familiale and the National Anti-Poverty Organization application for costs - Public Notice CRTC 2001-60, Telecom Costs Order CRTC 2002-4, 24 April 2002, the Commission makes Bell Canada responsible for payment on behalf of the Companies and TCI responsible for payment on behalf of TELUS and leaves it to the members of the Companies and TELUS to determine the appropriate allocation of the costs among themselves. | |
Direction as to costs |
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16. |
The Commission approves the application by BCOAPO et al. for costs with respect to its participation in the PN 2002-6 proceeding. | |
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17. |
Pursuant to subsection 56(1) of the Telecommunications Act, the Commission fixes the costs to be paid to BCOAPO et al. at $13,702.17. | |
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18. |
The Commission directs that the award of costs to BCOAPO et al. be paid forthwith by Bell Canada on behalf of the Companies and by TCI on behalf of TELUS, according to the proportions set out in paragraph 14. | |
| 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: 2004-05-18
- Date modified: