Telecom - Staff Letter addressed to Bill Murdoch and Rob McMahon (First Mile Connectivity Consortium)
Ottawa, 16 January 2024
Our reference: 1011-NOC2022-0147
BY EMAIL
Bill Murdoch, Chair
First Mile Connectivity Consortium
info@firstmile.ca
Rob McMahon, Coordinator
First Mile Connectivity Consortium
info@firstmile.ca
Subject: Staff Letter - Telecom - Request for information – Application for costs for the participation of the First Mile Connectivity Consortium up to 31 May 2023 in Telecom Notice of Consultation 2022-147, Telecommunications in the Far North, Phase II
On 27 October 2023, the First Mile Connectivity Consortium (FMCC) filed an application for costs for its participation up to 31 May 2023 in Telecom Notice of Consultation 2022-147 (the proceeding).
The purpose of this letter is to request additional information from the FMCC regarding its application for costs.
The Commission’s practice regarding commercial entities
In Telecom Costs Order 98-18, the Commission noted that it normally denies costs applications by commercial entities on the basis that, by virtue of their participation in the industry, these parties already have a sufficient incentive to participate in a proceeding.
In Telecom Regulatory Policy 2010-963, the Commission stated that costs awards are intended to encourage the participation of individuals and groups who represent subscriber interests, rather than private interests. The Commission further stated that when a costs applicant has coordinated its submissions in a proceeding with a commercial entity or industry group, a costs respondent could end up funding the participation of a competitor who has made submissions jointly with the costs applicant. Therefore, where coordination with such groups has occurred, the Commission will generally reduce allowable costs accordingly.
In Telecom Order 2017-164, the Commission noted that although the individual members of the FMCC are telecommunications service providers, their status as community-based organizations with the distinct objective of providing rural and remote First Nations communities with Internet services distinguishes them from general commercial providers. When considered under the first of the costs criteria, the fact that the FMCC’s members are able to represent the unique interests of First Nations subscribers and communities qualifies them to claim costs when other telecommunications providers typically could not.
In your application for costs, you have claimed disbursements Footnote1 for the participation of Lyle Fabian, owner of KatloTech Communications Ltd. (KatloTech Communications), at the public hearing. Based on the information you provided, it appears that KatloTech Communications is not a member of the FMCC, but rather a for-profit service provider with whom the FMCC has collaborated in preparing its submissions in the proceeding.
Accordingly, in light of the Commission’s practice of denying costs applications from commercial entities and reducing costs when a costs applicant has coordinated its submissions with a commercial entity, and that KatloTech Communications does not appear to be a member of the FMCC, please explain why the Commission should approve the disbursements claimed for Lyle Fabian, owner of KatloTech Communications.
Clarification of certain costs claimed by the FMCC
- In your application for costs, you have claimed disbursements in the amount of $438.90 (which appears twice) and $202.74 for accommodations for Rob McMahon (please refer to columns “Day 3” and “Day 4” of Rob McMahon’s travel form on page 15 of document “6-FMCC-Receipts-2022-147”). Based on the information you provided, it appears that the amount of $438.90 was inadvertently added twice and that the amount of $202.74 was also inadvertently added. Please clarify this apparent discrepancy and, if applicable, explain why these disbursements should be considered necessary and reasonable expenses.
- In your application for costs, you have indicated that the grand total claim for Rob McMahon’s fees is $29,058.75 (please refer to “Form III - Summary of Consultant and Analyst Fees” for Rob McMahon); however, only $27,675.00 was claimed in “Form V - Summary of Fees and Disbursements.” Please clarify this apparent discrepancy.
- In your application for costs, you have claimed disbursements in the amount of $997.16 and $112.98 for air travel for Bill Murdoch (please refer to the “Air Travel” section of “Exhibit A - Summary Statement of Disbursements”). In your response to Northwestel Inc. dated 13 November 2023, you noted that Bill Murdoch stopped in Edmonton for several days on his way home. Please explain how the disbursements related to air travel to stop in Edmonton were connected to Bill Murdoch’s participation at the public hearing and why they should be considered necessary and reasonable expenses.
The FMCC is to provide the information requested above by 26 January 2024. Any interested party may file comments on these responses by 31 January 2024. The FMCC may file a final reply by 6 February 2024.
Yours sincerely,
Michel Hogan
Legal Counsel, CRTC
cc:
Canadian Internet Registration Authority: Georgia.Evans@cira.ca
Competitive Network Operators of Canada: regulatory@cnoc.ca; regulatory@tacitlaw.com
Council of Yukon First Nations: Peter.Turner@cyfn.net
Daniel Sokolov: daniel@falco.ca
Dominion Gold Resources: dean@dominiongold.ca
Eeyou Communications Network and James Bay Cree Communications Society: c.melancon@eeyou.ca
First Mile Connectivity Consortium: info@firstmile.ca
First Nation of Na-Cho Nyak Dun: lisa@badenhorst.ca; adrienne.hill@nndfn.com
G & V Global Developments: gvdevnt@gmail.com
Government of the Northwest Territories: telecom_reg@gov.nt.ca
Government of Yukon: sean.mcleish@yukon.ca
Hamlet of Resolute Bay: cedo@resolute.ca
Iristel Inc.: regulatory@iristel.com; regulatory@tacitlaw.com
IRP Consulting: tosh@irpotential.com
Kluane First Nation: lisa@badenhorst.ca
Kwanlin Dün First Nation: David.Burke@kdfn.net
Lorraine Rousseau: RousseLo@psac-afpc.com
National Indigenous Economic Development Board: daniel.hughes@sac-isc.gc.ca
Northern Rockies Electric: schildknechtm@hotmail.com
Northern Rockies Regional Municipality: mgilbert@northernrockies.ca
Northwestel Inc.: regulatoryaffairs@nwtel.ca
Nukik Corporation: aaudouin@nukik.ca
Public Interest Advocacy Centre: jlawford@piac.ca
Rob Hopkins: media@openbroadcaster.com
Shadhäla Äshèyi yè Kwädän (Champagne and Aishihik First Nations): tbuzzell@cafn.ca
SSi Canada: regulatory@ssicanada.com
Taku River First Nation: capital@gov.trtfn.com; cherish.clarke@digitalenginetech.com
TELUS Communications Inc.: regulatory.affairs@telus.com
Tr'ondëk Hwëch'in Government: aaron.woroniuk@trondek.ca
Yukon Utilities Consumers' Group: rrondeau@northwestel.net
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