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Telecom and Broadcasting - Commission Letter adressed to Evan Kosiner and Jessie Guerrero

Ottawa, 29 March 2021

Our reference:  1011-NOC2020-0124

BY EMAIL

Mr. Evan Kosiner
Director, Philanthropolis
550 Eglinton Avenue West, #23-031,
Toronto, Ontario, M5N 1B6
evan@kosiner.com

Mr. Jessie Guerrero
General Manager, Philanthropolis
550 Eglinton Avenue West, #23-031,
Toronto, Ontario, M5N 1B6

Dear Sir,

Re: Request for information with respect to the application for deferral account funding of Philanthropolis in the proceeding initiated by Telecom and Broadcasting Notice of Consultation CRTC 2020-124

The Commission is in receipt of a letter, dated 22 February 2021, from Philanthropolis in response to a request for information (RFI) related to the above-noted application. In that letter, Philanthropolis designated its response to the RFI as confidential and provided an abridged version of the response for the public record of the proceeding.

Upon review of that response, the following additional information is requested to help complete the record:

  1. Please confirm whether Philanthropolis is claiming a $400 disbursement for costs relating to a survey, as indicated on Form IV and Exhibit A, or whether the survey is “not part of costs sought” as indicated in the 22 February RFI response (at p. 3).
  2. In determining an award for costs, the Commission may need to consider whether the claimant has a paid position within the applicant organization and whether the claimant takes part in or controls the day-to-day operations of that organization. In a letter dated 26 November 2020, Mr. Kosiner has indicated that he is the Director of Philanthropolis. On Forms III and V of the original application, Mr. Kosiner is listed as a consultant. This is the only information relating to this subject on the public record of this application. Accordingly, please clarify whether the claimant, Mr. Kosiner, has, or had, a paid position within Philanthropolis or the Broadcast Advocacy Group and whether the claimant does, or did, take part in or control the day-to-day operations of the organizations.Footnote1
  3. In determining an award for costs, the Commission may also need to consider the specialized knowledge or relevant experience of a claimant, which would relate to the subject matter of the proceeding. On Form III, the applicant indicates that the claimant has acted as a consultant for 14 years as of the date of the commencement of the proceeding. Please provide further information regarding his specialized knowledge or relevant experience.Footnote2

Responses may be filed by Philanthropolis or by Mr. Kosiner, in his capacity as the consultant identified on Forms III and V, and are to be filed by 5 April 2021. After responses have been received to the present letter, Commission staff intends to seek a final determination on this application.

Finally, staff acknowledges the ability to designate information as confidential, where it constitutes:

In this case, staff expects that any designations would be minimal as information regarding the claimant’s position within an organization, and regarding his expertise and experience, would not appear to fall into one of the above-noted classes. Information of this type is routinely filed on the public record by costs applicants and helps to facilitate the resolution of these applications.

A copy of this letter and all related correspondence will be added to the record of the proceeding. Thank you for your attention to this matter. Please do not hesitate to contact the undersigned if you require assistance in responding to this letter.

Kind Regards,

Original signed by

Adam Balkovec
Legal Counsel
adam.balkovec@crtc.gc.ca

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