Telecom - Procedural Letter adressed to Dr. Gretchen King & Laith Marouf Community Media Advocacy Centre

Ottawa, 24 August 2021

Our reference: 1011-NOC2021-0124 and 1011-NOC2021-0069

BY EMAIL

Dr. Gretchen King & Laith Marouf
Community Media Advocacy Centre
1861 Wellington Street
Montreal, Quebec  H3K 1W2
cmac@riseup.net

RE: Request for information with respect to an application for deferral account funding in the proceeding initiated by Telecom and Broadcasting Notice of Consultation 2021-69

On May 22, 2021 the Commission received an application for deferral account funding filed by the Community Media Advocacy Centre (CMAC) in the above-noted proceeding. The purpose of this letter is to request additional information from CMAC regarding this application.

1. Firstly of all, pursuant to paragraph 94 of Telecom and Broadcasting Notice of Consultation 2021-69, applications for funding were due within 30 days of the close of the record of the proceeding, which took place on 1 April 2021.
   The Commission received CMAC’s application on 22 May 2021. Accordingly, the application appears to have been filed beyond the deadline. Please comment, providing any rationale the Commission ought to consider in determining whether to accept the application in the circumstances.
2. Secondly, CMAC’s claim totals $17,332.48, representing the fees of two consultants. In order to ensure that amounts awarded are necessarily and reasonably incurred, the Commission has set out, at paragraph 18 of the Guidelines for the Assessment of Costs,^Footnote1 the following non-exhaustive list of factors to evaluate whether or not time claimed is excessive:
   1. the extent of the applicant’s participation, the degree of complexity of the issues to which that participation related, and the amount of documentation involved in the proceeding;
   2. the degree of responsibility assumed by the claimant;
   3. the duplication of substantive submissions among claimants;
   4. the experience and expertise of the claimant; and
   5. the time claimed and awarded in the proceeding or in other similar proceedings.

The time claimed by CMAC is at the higher end of the spectrum in this proceeding, and the fees claimed are the highest of all applicants in this proceeding. CMAC’s submissions do not generally appear to be lengthier or more detailed than those of these other applicants. Further, CMAC has not noted any special accessibility considerations that would account for additional time or fees being claimed.

In light of the above, please comment on the possibility of CMAC’s claim being reduced.^Footnote2 Please reference the above-noted factors or others you would consider to be relevant in the circumstances.

CMAC is to file a response to this request for information by 30 August 2021.

A copy of this letter and all related correspondence will be added to the record of the proceeding.

Sincerely,

[Original signed by]

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

Date modified:

2021-08-24