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ARCHIVED - Telecom Commission Letter Addressed to Anthony Tibbs (Media Access Canada)

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Ottawa, 23 September 2016

Our reference: 8663-C12-201503186 and 4754-536

DELIVERED BY EMAIL

Mr. Anthony Tibbs
CEO, Media Access Canada  
5 Peninsula Trail
Seguin, ON
P2A 0B2
Email: anthony@tibbs.ca

RE:     Application for costs award with respect to the participation of Media Access Canada in Telecom Notice of Consultation 2015-134, Review of basic telecommunications services

Dear Mr. Tibbs,

On 15 July 2016, the Commission received an application for costs from Media Access Canada (MAC) with respect to its participation in Telecom Notice of Consultation 2015-134, Review of basic telecommunications services (the hearing).  An answer was filed on 3 August 2016 by Bell Canada, to which MAC replied on 15 August 2016.

The purpose of this letter is to request additional information from MAC regarding its application for costs.

1. Telecom Information Bulletin 2016-188

On 17 May 2016, the Commission issued Telecom Information Bulletin 2016-188, Guidance for costs award applicants regarding representation of a group or a class of subscribers. In this information bulletin, the Commission provided guidance on the type of information that will generally assist it in its consideration of the eligibility criterion applicable to costs applicants who submit that they represent a group or a class of subscribers with an interest in the outcome of the proceeding. This is set out as one of the three criteria for an award of final costs in section 68 of the Rules of Procedure.

In light of the general guidance set out within this information bulletin, Commission staff requests that MAC make submissions that clearly and specifically identify and describe the group it purports to represent.  MAC should also explain the methods by which it represents the group or class of subscribers and how it determined that the positions put forward in the hearing reflect the interests of that group or class.

2. Hours Claimed by Beverly Milligan

Commission staff notes that in its application for costs, MAC has claimed Consultant Fees for Beverly Milligan in the amount of $5593.50 for 22 hours of work.  However, Ms. Milligan’s invoice is for 25 hours of work.  Please confirm the correct number of hours and total amount MAC is claiming for work performed by Ms. Milligan, and file a revised Form III and Form V if the amount is different from what has been previously filed.

3. Fees Related to the Neil Squire Society

Commission staff notes that in Form V of its application for costs, MAC has claimed Consultant Fees for the Neil Squire Society in the amount of $6,024.38 for the work performed by outside consultants.  However, in its Form III, the total claim for the Neil Squire Society is $5,880.94, which is reflective of a 50% rebate on GST off the amount of $6,024.38.  Please confirm the correct total Consultant Fees being claimed by MAC for the work done by the Neil Squire Society, and file a revised Form V if the amount is different from what has been previously filed.

4. HST Calculation and Fee Rebate

The Commission’s Guidelines for the Assessment of Costs (the Guidelines) explain that a costs applicant shall indicate in the required Forms whether or not it is entitled to a rebate in connection with the federal Goods and Services Tax (GST), a provincial sales tax (PST), a Harmonized Sales Tax (HST), or any other applicable tax, as well as the extent of the rebate and the basis of its eligibility.

In its answer, Bell Canada noted that MAC had not identified that it had received a rebate in connection with sales tax in its Form IV.  MAC replied that it was looking into the matter and had limited information at that time.  Please confirm whether MAC is entitled to a tax rebate and if so, describe the extent of the rebate and the basis for its eligibility.

Filing Information with the Commission

The requested information is to be filed with the Commission by 5 October 2016. Any other interested party may file a response by 12 October 2016. MAC may reply to any comments no later than 18 October 2016. All filings are to be provided to all persons copied within this letter.

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 (819) 994-0195 or amy.hanley@crtc.gc.ca.

In the meantime, the Commission is currently continuing its review of this costs application.

Yours Sincerely,

originally signed by

Amy Hanley
Legal Counsel

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