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Telecom Costs Order CRTC 2006-6
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Ottawa, 16 June 2006
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Application for costs by the Public Interest Advocacy Centre - Bell Canada exclusion application filed pursuant to Retail quality of service rate adjustment plan and related issues, Telecom Decision CRTC 2005-17
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Reference: 8660-B2-200514837 and 4754-264
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1.
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By letter dated 21 February 2006, the Public Interest Advocacy Centre (PIAC) applied for costs with respect to its participation in the proceeding initiated by Bell Canada's exclusion application filed on 5 December 2005 pursuant to Retail quality of service rate adjustment plan and related issues, Telecom Decision CRTC 2005-17, 24 March 2005.
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2.
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By letter dated 3 March 2006, Bell Canada filed comments in response to the application.
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The application
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3.
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PIAC 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 represented a group of subscribers that had an interest in the outcome of the proceeding, had participated responsibly and had contributed to a better understanding of the issues by the Commission.
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4.
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PIAC requested that the Commission fix costs at $2,475.72, consisting entirely of legal fees. PIAC's claim included the Federal Goods and Services Tax (GST) on fees less the rebate to which PIAC is entitled in connection with GST. PIAC filed a bill of costs with its application.
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5.
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PIAC made no submission as to the appropriate respondents in this case.
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6.
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In answer to the application, Bell Canada stated that it did not oppose PIAC's application.
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Commission analysis and determination
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7.
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The Commission finds that PIAC has satisfied the criteria for an award of costs set out in subsection 44(1) of the Rules. Specifically, the Commission finds that PIAC represents 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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8.
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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 PIAC was necessarily and reasonably incurred and should be allowed.
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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 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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10.
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The Commission names Bell Canada as the respondent to the application.
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Direction as to costs
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11.
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The Commission approves the application by PIAC for costs with respect to its participation in the proceeding initiated by Bell Canada's exclusion application.
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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 PIAC at $2,475.72.
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13.
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The Commission directs that the award of costs to PIAC be paid forthwith by Bell Canada.
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Secretary General
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This document is available in alternative format upon request, and may also be examined in PDF format or in HTML at the following Internet site: http://www.crtc.gc.ca
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Date Modified: 2006-06-16