ARCHIVED - Telecom Commission Letter Addressed to Lui Greco (Canadian National Institute for the Blind)

Ottawa, 15 May 2015

Our Reference: 8665-B2-201413343 and 4754-486

DELIVERED BY EMAIL

Mr. Lui Greco
National Manager of Advocacy
Canadian National Institute for the Blind
15 Colonel Baker Place North East
Calgary, Alberta T2E 4Z3
lui.greco@cnib.ca

RE: Costs claim in Bell Canada and Bell Mobility Inc., Follow-up to Telecom Decision 2014-427 – Show cause regarding the application to Improve the Accessibility of Mobile Telecommunications Devices and Services at Bell Canada

Dear Mr. Greco:

Thank you for your application for costs on behalf of the Canadian National Institute for the Blind (CNIB), dated 6 April 2015. I note your submission that you were unable to file the relevant forms due to an accessibility issue. I consider that all of the relevant information has been provided and therefore will process your application without the required forms. However, I do have a few questions in order to complete the application. I would ask that you file your response to these questions by 1 June 2015.

1. I note that your application does not state that the CNIB has met the criteria for an award of costs, as required by subsection 66(1) of the Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure (the Rules of Procedure).^{Footnote 1} Please provide the Commission with submissions as to why you believe that the CNIB has met the criteria. Pursuant to section 68 of the Rules of Procedure, the Commission determines whether to award final costs on the basis of the following criteria:
   1. whether the applicant had, or was the representative of a group or a class of subscribers that had, an interest in the outcome of the proceeding;
   2. the extent to which the applicant assisted the Commission in developing a better understanding of the matters that were considered; and
   3. whether the applicant participated in the proceeding in a responsible way.
2. I note that your application claims an award of costs at a rate of $475 per day.  The Daily Rate for In-house Analyst fees in the Commission’s Guidelines for the Assessment of Costs is $470 per day.^{Footnote 2}
   1. Are you seeking costs as an In-house Analyst? If yes, please confirm that you accept this daily rate set out in the Guidelines, or provide detailed rationale as to why the Commission should apply a rate other than that set out in its guidelines.
   2. If you are not seeking costs as an In-house Analyst, please indicate in what capacity of Service Provider, from the list set out in Appendix A to the Guidelines, you are claiming costs.
3. Applications for costs must be served on all other parties to the proceeding, pursuant to subsection 66(3) of the Rules of Procedure. It appears that your application may not have been served. If you have not already done so, please serve your application on all parties to the following proceeding: Bell Canada and Bell Mobility Inc., Follow-up to Telecom Decision 2014-427 – Show cause regarding the application to Improve the Accessibility of Mobile Telecommunications Devices and Services at Bell Canada, 8665-B2-201413343. Service of the application on all parties is important because it provides those parties with notice of the claim for costs, and a chance to respond to the claim and to any additional information provided. Once you have served the application, please confirm service by filing proof of service with the Commission, including the date on which each party was served.

The requested information is to be filed with the Commission by 1 June 2015. A copy of this letter and all related correspondence will be added to the public record of the proceeding. If you have any questions or concerns, please feel free to contact me at (613) 853-3207 or aditya.ramachandran@crtc.gc.ca.

Pursuant to section 67 of the Rules of Procedure, potential costs respondents have ten days from the date the application is filed to provide an answer to the application. Given that your application may not have been served, and in order to give potential costs respondents a fair opportunity to respond to the application and the additional information you will provide, their period for filing a response is extended until 11 June 2015.

Kind Regards,

original signed by
Aditya Ramachandran
Articling Student, Legal Sector

cc: Distribution list for Bell Canada and Bell Mobility, Inc. - Follow-up to Telecom Decision 2014-427 – Show cause regarding the application to Improve the Accessibility of Mobile Telecommunications Devices and Services at Bell Canada

Date modified:

2015-05-17