ARCHIVED - Telecom Procedural Letter Addressed to Devin Currie (Maple Communications Group Inc.)
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Gatineau, 13 December 2017
Our reference: 1011-NOC2017-0033
Mr. Devin Currie
Chief Executive Officer
Maple Communications Group Inc.
118‐14088 Riverport Way
Richmond, BC V6W 0A7
Re: Review of the regulatory framework for text-based message relay services, Telecom Notice of Consultation CRTC 2017-33 – Request for extension to file costs application
Dear Mr. Currie,
By letter dated 7 December 2017, Maple Communications Group Inc. (Maple) requested an extension to the timeline set out in section 65 of the Canadian Radio-Television and Telecommunications Commission Rules of Practice and Procedure (Rules of Procedure) relating to the filing of applications for final costs.
Commission staff notes that the Commission exceptionally grants costs awards to for-profit organizations and the threshold to meet the award of final costs criteria is high. In particular, Commission staff notes the following:
In paragraph 12 of Telecom Regulatory Policy CRTC 2010-963, the Commission considered that costs awards are intended to encourage the participation of individuals and groups who represent subscriber interests, rather than private interests. It noted that it has consistently denied applications for costs awards from non-profit industry organizations on this basis and that these organizations have sufficient incentives to participate in proceedings.
The criteria for an award of costs are set out in section 68 of the Rules of Procedure, which reads as follows:
The Commission must determine whether to award final costs and the maximum percentage of costs that is to be awarded on the basis of the following criteria:
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;
the extent to which the applicant assisted the Commission in developing a better understanding of the matters that were considered; and
whether the applicant participated in the proceeding in a responsible way.
And, in Telecom Information Bulletin 2016-188, the Commission provided guidance regarding how an applicant may demonstrate that it satisfies the first criterion with respect to its representation of (an) interested subscriber(s).
In their letter, Maple requested that their costs application deadline be extended two weeks, to 22 December 2017. The company submitted that they need additional time to get familiar with the cost application process as this is their first time submitting an application for final costs.
Having regard for the above and the relatively short extension being requested, we are of the view that the request is reasonable. However, according to paragraph 12(1)(c) of the Rules of Procedure, the period beginning on December 21 in one year and ending on January 7 in the following year must not be included in the computation of a time period. Therefore, Maple’s costs application deadline is extended to 8 January 2018.
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