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Ottawa, 19 June 2012
File No.: 8690-R28-201205204
BY EMAIL
Barbara McIsaac
Counsel
Borden Ladner Gervais LLP
100 Queen St., Suite 1100
Ottawa, Ontario K1P1J9
bmcisaac@blg.com
Dear Madam:
Re: Application seeking a Commission determination of the appropriate allocation of the costs of certain relocations requested by the Regional Municipality of York – Information regarding cost awards
On 4 June 2012, the Commission received an answer from the Regional Municipality of York (York) regarding the above-mentioned Part I application by Rogers Communications Partnership. In its submission, York indicated that it would be submitting an application for final costs within the 30 days after the day fixed by the Commission for the filing of final representations.
As of April 1 2011, the Commission has implemented its revised Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure (SOR/2010-277). Accordingly, a separate Part 1 application for final costs must be filed no later than 16 July 2012.
As you may be aware, however, while the Commission has the discretion to award costs to any party that has participated in a proceeding, it has been the Commission's general practice to decline to award costs to municipalities on the basis that a city's participation in regulatory matters affecting its citizens is one of its recognized functions, and a portion of its annual budget is deemed to be allocated accordingly - see, for example, Telecom Costs Orders 96-19 and 2001-3. The Commission has made exceptions to the rule in a few instances, where it was satisfied that the proceeding involved special and unique circumstances of such a nature as to justify departure from its usual approach.
Yours sincerely,
Original signed by
Mario Bertrand
Director, Competition Implementation and Technology
Telecommunications
c.c.:Elizabeth Wilson, Regional Municipality of York, elizabeth.wilson@york.ca
Pamela J. Dinsmore, Rogers Communications, pam.dinsmore@rci.rogers.com
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