ARCHIVED - Telecom Order CRTC 2009-316
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| Route reference: Telecom Public Notice 2008-15 | |||
| Ottawa, 29 May 2009 | |||
Determination of costs award with respect to the participation of the Coalition of Communication Consumers in the Telecom Public Notice 2008-15 proceeding |
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| File number: 8663-C12-200814279 and 4754-332 | |||
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1. |
By letter dated 23 December 2008, the Coalition of Communication Consumers (the Coalition) applied for costs with respect to its participation in the proceeding initiated by Telecom Public Notice 2008-15 (the Public Notice 2008-15 proceeding). | ||
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2. |
On 6 January 2009, TELUS Communications Company (TCC) filed comments in response to the application by the Coalition. On 7 January 2009, Bell Canada on behalf of itself and Bell Aliant Regional Communications, Limited Partnership, Saskatchewan Telecommunications, and Télébec, Limited Partnership (collectively, the Companies) filed comments in response to the application by the Coalition. On 19 January 2009, the Coalition filed reply comments. | ||
Application |
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3. |
The Coalition 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 had an interest in the outcome of the Public Notice 2008-15 proceeding, it had participated responsibly, and it had contributed to a better understanding of the issues by the Commission through its participation in the Public Notice 2008-15 proceeding. | ||
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4. |
The Coalition requested that the Commission fix its costs at $4,158, consisting of legal fees and the federal Goods and Services Tax (GST) on fees less the rebate to which the Coalition is entitled in connection with the GST. The Coalition filed a bill of costs with its application. | ||
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5. |
The Coalition claimed 24 hours at a rate of $165 per hour for legal fees associated with outside legal counsel. | ||
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6. |
The Coalition made no submission as to the appropriate costs respondents. | ||
Answer |
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7. |
In response to the application, TCC submitted that the Commission should inquire as to the status of the Coalition to ensure that it meets the criteria of an intervener. The Companies stated that the Coalition has participated responsibly in the proceeding. However, they submitted that the Commission should ascertain whether the Coalition represents a significant body of subscribers prior to awarding costs. | ||
Reply |
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8. |
In its reply, the Coalition submitted that the Commission has awarded costs in the past to organizations without a formal relationship with the subscribers they represented (e.g. the Canadian Internet Policy and Public Interest Clinic in Telecom Costs Order 2008-5) and to unincorporated organizations (e.g. the Campaign for Democratic Media in Telecom Costs Order 2008-23). The Coalition also submitted that requiring a formal relationship or incorporation as a pre-requisite for the award of costs may restrict access to Commission proceedings. The Coalition further submitted that the Commission has awarded costs to new organizations whose constituency cannot be specifically ascertained (i.e. Mr. Mark Obermeyer on behalf of "97% of the People of Canada" in Telecom Costs Order 2006-10). | ||
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9. |
The Coalition submitted that it is an unincorporated coalition of organized and unorganized groups, including consumers, advocates, and professionals across Canada. | ||
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10. |
The Coalition confirmed that it has not received financial assistance from any other source in connection with its participation in the Public Notice 2008-15 proceeding. | ||
Commission's analysis and determinations |
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11. |
The Commission has previously awarded costs to individuals and parties that did not represent a body of subscribers with whom the parties had a formal relationship, unincorporated organizations, and organizations whose constituency could not be easily ascertained. The Commission also notes that its general objective in awarding costs is to encourage the informed participation of individuals and organizations who otherwise could not participate in Commission proceedings in order to permit the greatest variety of voices to be considered by the Commission in making its decisions. | ||
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12. |
The Commission notes that the Coalition is an unincorporated coalition of organized and unorganized groups, including consumers, advocates, and professionals across Canada. | ||
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13. |
The Commission finds that the Coalition has satisfied the criteria for an award of costs set out in subsection 44(1) of the Rules. Specifically, the Commission finds that the Coalition is representative of a group or class of subscribers that has an interest in the outcome of the proceeding, it has participated in a responsible way and it has contributed to a better understanding of the issues by the Commission by providing the perspective of the consumers on the reporting requirements. | ||
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14. |
The Commission notes that the rates claimed in respect of outside legal counsel are in accordance with the rates set out in the Legal Directorate's Guidelines for the Taxation of Costs, revised as of 24 April 2007. The Commission also finds that the total amount claimed by the Coalition was necessarily and reasonably incurred and should be allowed. | ||
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15. |
The Commission considers 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 Telecom Public Notice 2002-5. | ||
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16. |
The Commission finds that the appropriate respondents to the Coalition's costs application are the Companies, TCC, and Rogers Communications Inc. (RCI). | ||
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17. |
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 considers 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. Accordingly, the Commission finds that the responsibility for the payment of costs should be allocated as follows: | ||
| The Companies | 55% | ||
| TCC | 37% | ||
| RCI | 8% | ||
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18. |
The Commission notes that Bell Canada filed submissions in the Public Notice 2008-15 proceeding on behalf of the Companies. Consistent with its general approach articulated in Telecom Costs Order 2002-4, the Commission makes Bell Canada responsible for payment on behalf of the Companies and leaves it to the members of the Companies to determine the appropriate allocation of the costs among themselves. | ||
Direction as to costs |
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19. |
The Commission approves the application by the Coalition for costs with respect to its participation in the Public Notice 2008-15 proceeding. | ||
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20. |
Pursuant to subsection 56(1) of the Telecommunications Act, the Commission fixes the costs to be paid to the Coalition at $4,158. | ||
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21. |
The Commission directs that the award of costs to the Coalition be paid forthwith by Bell Canada on behalf of the Companies, TCC, and RCI, according to the proportions set out in paragraph 17. | ||
| Secretary General | |||
Related documents |
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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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