Telecom Costs Order

 Ottawa, 28 August 1997

 Telecom Costs Order CRTC 97-16

 In re: Forbearance from Regulation of Toll Services Provided by Dominant Carriers - Telecom Public Notice CRTC 96-26

 Reference: 4754-111

1.  Application for costs by the Consumers' Association of Canada (CAC), the Fédération nationale des associations de consommateurs du Québec (FNACQ) and the National Anti-Poverty Organization (NAPO) (together CAC/FNACQ/NAPO).

BACKGROUND

2.  By letter dated 3 July 1997, CAC/FNACQ/NAPO applied for costs in relation to its participation in the proceeding initiated by Telecom Public Notice CRTC 96-26.

3.  CAC/FNACQ/NAPO submitted that they had met the three criteria for an award of costs which are set out in subsection 44(1) of the CRTC Telecommunications Rules of Procedure (the Rules). By letter dated 14 July 1997, Stentor Resource Centre Inc. (Stentor) stated that the application for costs was filed inadvertently out of process, and that it should have been filed within 30 days following the close of the record in the proceeding, which closed on 21 April 1997. Stentor had no further comments to make on the application for costs.

4.  In reply, CAC/FNACQ/NAPO argued that the deadline for an application for costs with respect to a paper proceeding was unclear. They stated that it was their understanding that such applications would be entertained by the Commission up to 30 days following the decision. They added that any prejudice to Stentor was minimal. On the other hand, they stated that an adverse interpretation of the Rules would cause a significant hardship to the applicants.

5.  The Commission considers that CAC/FNACQ/NAPO have met the criteria for an award of costs set out in subsection 44(1) of the Rules.

6.  However, in order to dispel any confusion that may exist with respect to the Rules, parties should note that the Commission generally expects that costs application will be filed within 30 days from the date of the final written submission in any proceeding which does not include an oral phase.

DIRECTION AS TO COSTS

7.  The application of CAC/FNACQ/NAPO for an award of costs is approved.

8.  Costs awarded herein shall be payable to CAC/FNACQ/NAPO by Stentor.

9.  Costs awarded herein shall be taxed by Jean-Pierre Blais.

10.  CAC/FNACQ/NAPO shall, within 30 days of this Order, submit a Bill of Costs and an Affidavit of Disbursements directly to the Taxing Officer, serving a copy on Stentor.

11.  Stentor may, within two weeks of receipt of those documents, file comments directly with the Taxing Officer with respect to the costs claimed, serving a copy on CAC/FNACQ/NAPO.

12.  CAC/FNACQ/NAPO may, within two weeks of receiving Stentor's comments, file a reply directly with the Taxing Officer, serving a copy on Stentor.

13.  Documents to be filed or served must actually be received, not merely sent, by the relevant dates.

Laura M. Talbot-Allan
Secretary General

 This document is available in alternative format upon request.

COS97-16_0