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Telecom Order CRTC 2019-414

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Ottawa, 12 December 2019

File numbers: 1011-NOC2018-0422 and 4754-622

Determination of costs award with respect to the participation of the Canadian Association of the Deaf in the proceeding that led to Telecom Regulatory Policy 2019-269

Application

  1. By letter dated 24 June 2019, the Canadian Association of the Deaf (CAD) applied for costsFootnote 1 with respect to its participation in the proceeding that led to Telecom Regulatory Policy 2019-269 (the proceeding). In the proceeding, the Commission sought comments on establishing a mandatory code of conduct that would address issues related to consumer contracts for retail fixed Internet access services provided to individuals and small businesses by large facilities-based Internet service providers.
  2. The Commission did not receive any interventions in response to the application for costs.
  3. CAD submitted that it had met the criteria for an award of costs set out in section 68 of the Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure (the Rules of Procedure) because it represented a group or class of subscribers that had an interest in the outcome of the proceeding, it had assisted the Commission in developing a better understanding of the matters that were considered, and it had participated in a responsible way.
  4. In particular, CAD submitted that it is composed of, and represents the interests of, Deaf people from across Canada. Because telecommunications services are generally inaccessible for those who cannot hear, the perspective of Deaf Canadians can be of help in the crafting of solutions and recommendations with respect to accessibility issues in a mandatory Internet code. These issues include contract terminologies, increasing public awareness, and safeguards to the rights of Deaf Canadian customers.
  5. CAD requested that the Commission fix its costs at $9,511.11, consisting of $7,425.00 for external consultant fees and $2,086.11 for disbursements. CAD filed a bill of costs with its application.
  6. CAD submitted that telecommunications companies are the appropriate parties to be required to pay any costs awarded by the Commission (the costs respondents).

Commission’s analysis and determinations

  1. The criteria for an award of costs are set out in section 68 of the Rules of Procedure, which reads as follows:


    68.    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:

    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.
  2. 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 interested subscribers. In the present case, CAD has demonstrated that it meets this requirement. In particular, it is a charitable organization that advocates for Deaf Canadians from across the country, who have unique needs when accessing telecommunications services.
  3. CAD has also satisfied the remaining criteria through its participation in the proceeding.  CAD’s submissions, made with its joint interveners,Footnote 2 assisted the Commission in developing a better understanding of the matters that were considered, including the need to have explanatory information for key contract terms available in American Sign Language and Langue des signes québécoise.
  4. The rates claimed in respect of consultant fees and disbursements are in accordance with the rates established in the Guidelines for the Assessment of Costs, as set out in Telecom Regulatory Policy 2010-963. The Commission finds that the total amount claimed by CAD was necessarily and reasonably incurred and should be allowed.
  5. This is an appropriate case in which to fix the costs and dispense with taxation, in accordance with the streamlined procedure set out in Telecom Public Notice 2002-5.
  6. The Commission has generally determined that the appropriate costs respondents to an award of costs are the parties that have a significant interest in the outcome of the proceeding in question and have participated actively in that proceeding. The Commission considers that the following parties had a significant interest in the outcome of the proceeding and participated actively in the proceeding: Bell Canada, on its own behalf and on behalf of its affiliates (collectively, the Bell companies);Footnote 3 Bragg Communications Incorporated, carrying on business as Eastlink; the Canadian Association of Wireless Internet Service Providers; the Canadian Communication Systems Alliance; the Canadian Network Operators Consortium Inc.; Cogeco Communications inc., on behalf of its subsidiary Cogeco Connexion Inc.; Distributel Communications Limited; the Independent Telecommunications Providers Association; Quebecor Media Inc., on behalf of Videotron Ltd.; Rogers Communications Canada Inc. (RCCI); Saskatchewan Telecommunications; Shaw Cablesystems G.P., on its own behalf and on behalf of its affiliate Shaw Telecom G.P.; TekSavvy Solutions Inc.; TELUS Communications Inc. (TCI); and Xplornet Communications Inc.
  7. The Commission considers that, consistent with its practice, it is appropriate to allocate the responsibility for payment of costs among costs respondents based on their telecommunications operating revenues (TORs) as an indicator of the relative size and interest of the parties involved in the proceeding.Footnote 4
  8. However, as set out in Telecom Order 2015-160, the Commission considers $1,000 to be the minimum amount that a costs respondent should be required to pay, due to the administrative burden that small costs awards impose on both the applicant and costs respondents.
  9. Accordingly, the Commission finds that the responsibility for payment of costs should be allocated as follows:Footnote 5
    Company Proportion Amount
    TCI 35.55% $3,381.59
    RCCI 34.47% $3,278.50
    Bell companies 29.98% $2,851.02
  10. Consistent with its general approach, articulated in Telecom Costs Order 2002-4, the Commission makes Bell Canada responsible for payment on behalf of the Bell companies. The Commission leaves it to the Bell companies to determine the appropriate allocation of the costs among themselves.

Policy Direction

  1. The Governor in Council issued a policy direction, which came into force on 17 June 2019, directing the Commission to consider how its decisions can promote competition, affordability, consumer interests, and innovation (the 2019 Policy Direction).Footnote 6 CAD’s application for costs was received on 24 June 2019; accordingly, the 2019 Policy Direction applies to this order. The Commission considers that the awarding of costs in this instance complies with paragraph 1(a)(iv) of the 2019 Policy Direction, because it facilitates the involvement of a group that represents consumer interests. Since consumer groups often require financial assistance to effectively participate in proceedings, the Commission is of the view that its practice of awarding costs, as exercised in this instance, enables such groups to provide their perspectives on how consumer interests may be affected by the outcomes of the proceedings.

Directions regarding costs

  1. The Commission approves the application by CAD for costs with respect to its participation in the proceeding.
  2. Pursuant to subsection 56(1) of the Telecommunications Act, the Commission fixes the costs to be paid to CAD at $9,511.11.
  3. The Commission directs that the award of costs to CAD be paid forthwith by TCI, RCCI, and Bell Canada on behalf of the Bell companies, according to the proportions set out in paragraph 15.

Secretary General

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