Telecom - Staff Letter addressed to Goldblatt Partners LLP
Ottawa, 20 June 2024
Reference: 8633-G110-202402809
BY E-MAIL
To:
Goldblatt Partners LLP
jbrown@goldblattpartners.com
kmercer@goldblattpartners.com
Subject: Information on applying for costs in Commission proceedings pursuant to the Telecommunications Act
On 10 November 2023, Goldblatt Partners LLP (Goldblatt) filed a Part 1 application regarding long distance collect calls originating from Ontario correctional facilities. On 11 January 2024, Bell Canada (Bell) filed a Part 1 application seeking clarification regarding areas of uncertainty raised by the Ontario Court of Appeal regarding inmate service rates. On 3 June 2024, Commission staff communicated that the two proceedings would be merged under the file number 8633-G110-202402809. At the same time, Commission staff issued requests for information and noted that certain parties may file reply comments by 27 June 2024.
As such, the close of record of this merged proceeding is 27 June 2024. Commission staff notes that the close of record may change if further process is put in place, for example through further requests for information.
In its original application, Goldblatt requested, among other things, that if the Commission determines that the long-distance telephone call rates charged by Bell were not just or reasonable, that it also provides a determination on whether the Telecommunications Act provides for the funding of expert disbursements and legal fees as is the case under Ontario’s Class Proceedings Act.
Commission staff notes that the Commission is empowered to award costs pursuant to section 56 of the Telecommunications Act and sections 60-70 of the Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure(the Rules of Procedure).
In particular, section 65 of the Rules of Procedure requires that an application for final costs must be filed no later than 30 days after the day fixed by the Commission for the filing of final representations with it.
Accordingly, you have until 27 July 2024 to file an application for costs that the Commission will consider in due course.
To assist applicants in applying for costs, the CRTC has published various resources that might be useful to you, such as a webpage on how to claim telecommunications proceeding expenses.
What forms do you complete to apply for final costs?
Select and complete the appropriate cost assessment forms and include them in your application. There are six forms in total (not all forms may be required, depending on the type of costs claimed).
What do you include in your final costs application?
Your application for costs must include the following:
- An explanation of how your organization has met the eligibility criteria for costs, as well as that your costs were necessarily and reasonably incurred, in line with the Guidelines for the Assessment of Costs.
- Identify who you think should have to pay any costs that the CRTC may award to you (Note: telecommunications companies that participated in the proceeding are generally responsible for the payment of costs awarded to you).
- Completed appropriate cost form(s).
- Receipts or list of expenses.
What are the rates for fees and disbursements?
Please consult Appendix A: Scale of Costs in the Guidelines for the Assessment of Costs for the current allowable rates.
How do you file and serve your final costs application?
Your application for costs must be (i) filed with the CRTC and (ii) served on the other parties to the proceeding. Your application should be addressed to the Secretary General.
- To filea costs application with the CRTC, you have two options:
- Submit with your “My CRTC Account” and a GCKey.
- Complete the question/complaint form and where it asks you to describe your question or complaint of feedback. Click “Upload File(s)” to attach your application letter and all completed forms. Click “Send” to submit.
- To serveother parties to the proceeding, the applicant must send the application to all parties to the proceeding. Service may be done electronically simply via an email.
The Commission also has a list of frequently asked questions and answers on its website that may interest you.
I hope this information is helpful.
Sincerely,
Original signed by
Philippe Kent
Director, Telecommunications Services Policy
Telecommunications Sector
c.c.:
Jeremy Lendvay, CRTC, 819-997-4946, jeremy.lendvay@crtc.gc.ca
Ethan Townsend, CRTC, 873-355-6698, ethan.townsend@crtc.gc.ca
Salahuddin Rafiquddin, Legal Counsel - CRTC, 873-353-4706, salahuddin.rafiquddin@crtc.gc.ca
Distribution List:
Bell Canada (Bell), bell.regulatory@bell.ca
TELUS Communications Inc. (TELUS), regulatory.affairs@telus.com
Public Interest Advocacy Centre (PIAC), piac@piac.ca; jlawford@piac.ca
Commission for Complaints for Telecom-Television Services (CCTS), janet.lo@ccts-cprst.ca
His Majesty the King in Right of Ontario (Ontario), jennifer.boyczuk2@ontario.ca; susan.keenan@ontario.ca
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