Telecom Commission Letter Addressed to Gary Birch (Neil Squire Society)

Gatineau, 4 December 2017

Our Reference: 8638-T102-201607657 and 4754-574

DELIVERED BY EMAIL

Gary Birch
Executive Director
Neil Squire Society
400 – 3999 Henning Drive
Burnaby, BC V5C 6P9
Canada
Email: garyb@neilsquire.ca

RE: Application for costs award by the Neil Squire Society with respect to its participation in the proceeding that led to Telecom Decision CRTC 2017-252, TELUS Communications Company – Show cause proceeding concerning the use of deferral account funds to improve access to telecommunications services for persons with disabilities

Dear Mr. Birch:

On 6 February 2017, the Neil Squire Society (NSS) filed an application for final costs with respect to its participation in the proceeding that led to Telecom Decision CRTC 2017-252, TELUS Communications Company – Show cause proceeding concerning the use of deferral account funds to improve access to telecommunications services for persons with disabilities (the proceeding).

The purpose of this letter is to request additional information relating to the NSS’s application for final costs. Commission staff therefore requests the NSS to provide the following information:

  1. Service on Other Parties

    Pursuant to section 66(3) of the Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure (the Rules of Procedure), a costs applicant must serve the application on all other parties. It appears that your application may not have been served. By way of the present letter, therefore, all parties to the proceeding are provided with notice of the claim for costs, which is posted on the Commission’s websiteunder the “Costs” link associated with the above-noted file number.

    Pursuant to section 67 of the Rules of Procedure, potential costs respondents have ten days from the date the application is filed to file an answer to the application. In order to give potential costs respondents a fair opportunity to respond to the application and the additional information you will provide, the period for filing a response is extended until 15 January 2018 (10 days). The NSS may reply to any comments no later than 26 January 2018 (10 days). All filings are to be copied on all persons copied with this letter.

  2. Criteria for an Award of Final Costs

    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.

    Accordingly, please provide detailed submissions as to how the applicant meets each one of the three criteria for an award of costs.

    In making submissions in relation to the first criterion, Commission staff requests that the NSS clearly and specifically describe the group it purports to represent and how it determined that the position put forward in the proceeding reflected the interests of that group or class of subscribers, consistent with the guidance issued by the Commission in Telecom Information Bulletin 2016-188, Guidance for costs award applicants regarding representation of a group or a class of subscribers.

  3. Appropriate Costs Respondent(s)

    Pursuant to section 66(1)(b) of the Rules of Procedure, applicants must identify the respondents that should pay the costs. Commission staff requests that the NSS make submissions on the appropriate costs respondent(s).

  4. Cost’s Form III

    As part of the application filed, the NSS filed one Form III, for both Gary Birch and Harry Lew, however, that form only identifies the employment status, years of practice, and appropriate rate for one consultant. Commission staff therefore requests that the NSS file one Form III per claimant (e.g. one Form III for Gary Birch and another one for Harry Lew) and identify the employment status, years of practice, and appropriate rate of each claimant on the appropriate form, along with the total hours each consultant is claiming.

  5. Cost’s Form V

    According to the Guidelines for the Assessment of Costs, as set out in Telecom Regulatory Policy 2010-963, an applicant shall file a summary of the total fees and disbursements claimed as prescribed in Form V. Commission staff requests that the NSS provide a completed Form V.

Filing Information with the Commission

The information requested above is to be filed with the Commission by 15 December 2017 (10 days).

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) 639-4716 or ricardo.wicker@crtc.gc.ca.

Yours Sincerely,

original signed by

Ricardo Wicker
Student-at-Law

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