ARCHIVED - Telecom Procedural Letter addressed to Beverley Miligan (Media Access Canada)
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Ottawa, 12 February 2016
Our Reference: 8657-C12-201505505 and 4754-504
DELIVERED BY EMAIL
Ms. Beverley Milligan
CEO, Media Access Canada
2 Bellwoods Park
Toronto, Ontario
M6J 1S4
Canada
Email: bmilligan@mediac.ca
RE: Application for costs award with respect to the participation of Media Access Canada in Broadcasting and Telecom Notice of Consultation 2015-239, Review of the structure and mandate of the Commissioner for Complaints for Telecommunications Services Inc.
Dear Ms. Milligan:
On 16 December 2015, the Commission received an application for costs from Media Access Canada (MAC) with respect to its participation in Broadcasting and Telecom Notice of Consultation 2015-239, Review of the structure and mandate of the Commissioner for Complaints for Telecommunications Services Inc. (the proceeding).
The purpose of this letter is to request additional information relating to MAC’s application for costs.
Documents designated as confidential
In MAC’s application for costs, several documents were designated as confidential by MAC and therefore, these documents were not posted publicly on the Commission website. It is also noted that after Commission staff notified MAC that MAC’s credit card statements were filed on the public record on the Commission website, MAC requested by e-mail that the credit card statements be designated as confidential.
Broadcasting and Telecom Information Bulletin 2010-961 provides information regarding the process for filing confidential information with the Commission. MAC is requested to follow the process set out in Broadcasting and Telecom Information Bulletin 2010-961 for filing confidential information and provide an explanation as to why MAC believes the documents designated as confidential fall into one of the following categories:
- information that is a trade secret;
- financial, commercial, scientific or technical information that is confidential and that is treated consistently in a confidential manner by the person who submitted it; or
- information the disclosure of which could reasonably be expected
- to result in material financial loss or gain to any person;
- to prejudice the competitive position of any person; or
- to affect contractual or other negotiations of any person.
According to Broadcasting and Telecom Information Bulletin 2010-961, parties filing confidential information must provide an abridged version of any confidential document along with a detailed rationale to explain why the disclosure of the information designated as confidential is not in the public interest. Parties must provide sufficient reasons to allow meaningful analysis by the Commission or another party who may wish to request disclosure of the information.
In light of the above, MAC is requested to provide an explanation as to why it believes the documents designated as confidential fall into one of the above categories, and an abridged version of any confidential document along with a detailed rationale to explain why the disclosure of the information is not in the public interest.
If documents were mistakenly designated as confidential
If certain documents were mistakenly designated as confidential by MAC, it is requested to confirm in writing with the Commission that these documents were mistakenly designated confidential. The Commission will then accordingly post any documents not designated as confidential by MAC on the Commission website.
Disbursement expenses for Gary Birch and Myrtle Barrett
Commission staff notes that MAC has claimed disbursement costs for Gary Birch and Myrtle Barrett in “Exhibit A – Summary Statement of Disbursements,” however, neither individual is listed by MAC as legal counsel, articling student, legal assistant, consultant, analyst or expert witnesses according to “Form V – Summary of Fees and Disbursements.”
According to paragraph 31 of the Commission’s Guidelines for the Assessment of Costs, as set out in Telecom Regulatory Policy 2010-963, disbursements incurred by volunteers and by employees of applicants will be allowed in the same manner as disbursements incurred by legal counsel, articling students, legal assistants, consultants, analysts and expert witnesses.
Please confirm whether or not Gary Birch and Myrtle Barrett were volunteers or employees of MAC.
Beverly Milligan’s Costs Claim
Commission staff notes that Beverly Milligan is claiming costs as an external consultant to MAC as opposed to an in-house consultant. In the cover letter to its costs application, MAC noted that “[t]he hours submitted by Beverly Milligan are not hours spent acting as MAC’s CEO, but as a part time consultant for MAC.”
In Telecom Order 2014-351, the Commission noted at paragraph 11 “that to determine if a costs applicant can claim outside or in-house consultant rates, it is reasonable to consider whether the consultant is independent from the costs applicant. In assessing independence, the Commission intends to consider the degree of control that one person or entity may have over another when determining whether outside or in-house rates are appropriate.”
Further, at paragraph 12 of Telecom Order 2014-351, the Commission noted that it “expects costs applicants to provide information regarding their independence from individuals or persons providing consulting services. Questions about independence or situations where an individual appears to seek personal gain could result in the adjustment or denial of costs or rates claimed.”
Commission staff notes that Beverly Milligan was identified on the transcripts of the public hearing as “MAC’s Volunteer CEO and Subject Matter Expert supporting MAC” and in the cover letter to its costs application noted that the “work performed by Beverly Milligan is consistent with …[an] in house consultant.” Yet, on Beverly Milligan’s Billing Time Sheet, she has claimed the external consultant rate of $225/hour as opposed to the in-house consultant rate of $470/day.
Please explain why the costs of Beverly Milligan were claimed at the external consultant rate as opposed to the in-house consultant rate.
The requested information is to be filed with the Commission by 22 February 2016. Any other interested party may file their answer by 3 March 2016. MAC may reply to any comments no later than 14 March 2016.
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) 608-8368 or alexander.ly@crtc.gc.ca.
In the meantime, the Commission is currently continuing its review of all costs applications related to the proceeding.
Yours Sincerely,
Original signed by
Alexander Ly
Legal Counsel
cc:
8com, admin@8com.ca
All Communications Network of Canada Co., TaxDepartment@acninc.com
Bell Aliant Regional Communications, Limited Partnership, regulatory@bellaliant.ca
Bell Canada and Bell Mobility (Bell Mobility, Virgin Mobile, Solo), bell.regulatory@bell.ca
Bragg Communications Incorporated (EastLink), regulatory.matters@corp.eastlink.ca and natalie.macdonald@corp.eastlink.ca
Comwave Network Inc., ybarzakay@comwave.net
Cogeco Cable Inc., telecom.regulatory@cogeco.com and Michel.Messier@cogeco.com
Canadian Network Operators Consortium Inc., chickey@cnoc.ca;
Data & Audio Visual Enterprises Wireless Inc. (MOBILICITY), gary.wong@mobilicity.ca
Distributel Communications Limited, regulatory@distributel.ca
Globalive Wireless Management Corp. (WIND), lgoetz@windmobile.ca
MTS Inc, iworkstation@mtsallstream.com
NorthernTel, Limited Partnership, superviseurres@telebec.com
Primus Telecommunications Canada Inc., regulatory@primustel.ca
Rogers Communications Inc. and Rogers Wireless Partnership (including all of its mobile/wireless operations), rwi_gr@rci.rogers.com and david.watt@rci.rogers.com
Saskatchewan Telecommunications, document.control@sasktel.com
Shaw Communications Inc., Regulatory@sjrb.ca
TBayTel, rob.olenick@tbaytel.com
Teksavvy Solutions Inc., regulatory@teksavvy.com and babramson@teksavvy.com
Télébec, Limited Partnership, superviseurres@telebec.com
TELUS Communications Company, regulatory.affairs@telus.com and ted.woodhead@telus.com and lecia.simpson@telus.com
Videotron G.P., regaffairs@quebecor.com and francois.joli-coeur@quebecor.com
Xplornet Communications Inc., jacob.friedman@corp.xplornet.com
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