ARCHIVED - Telecom Procedural Letter addressed to Beverley Milligan (Media Access Canada)

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Ottawa, 15 March 2016

Our Reference: 8657-C12-201505505 and 4754-504


Ms. Beverley Milligan
CEO, Media Access Canada
2 Bellwoods Park
Toronto, Ontario
M6J 1S4

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. - Follow-up request for information

Dear Ms. Milligan:

On 22 February 2016, the Commission received Media Access Canada’s (MAC) response to Commission staff letter dated 12 February 2016 with respect to MAC’s application for costs 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.

In its letter of 12 February 2016, Commission staff noted that MAC claimed disbursement costs for Gary Birch in “Exhibit A – Summary Statement of Disbursements,” however, Gary Birch was not listed by MAC as legal counsel, articling student, legal assistant, consultant, analyst or expert witnesses according to “Form V – Summary of Fees and Disbursements.” MAC was asked to confirm whether or not Gary Birch was a volunteer or employee of MAC.

In its response to Commission staff’s request for information, MAC noted that Gary Birch’s expenses are expenses related to the participation of the Neil Squire Society as a consultant, for which a “Form III – Summary of Consultant and Analyst Fees” (Form III) and accompanying invoice labelled as “NSS Invoice #2172” was provided.

Commission staff notes that the Form III submitted by MAC refers to the Neil Squire Society as the claimant, the accompanying NSS Invoice #2172 refers only to the consulting services of Harry Lew and not Gary Birch, and that the Form III appears to only reflect the hours claimed by Harry Lew and no other person.  

In order to assist the Commission in understanding the work provided by the Neil Squire Society to MAC for the purposes of this proceeding, and the manner in which MAC is claiming for these expenses, please explain in detail the work done by each of Gary Birch and Harry Lew with respect to the proceeding and why only disbursement expenses are claimed for Gary Birch while only compensation for time is claimed for Harry Lew. In particular, please explain:

The requested information is to be filed with the Commission by 25 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

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
Anthony Tibbs, Acting CEO, Media Access Canada,


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