ARCHIVED - Costs Order CRTC 2000-14

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Costs Order CRTC 2000-14
Ottawa, 12 September 2000

Subject: Telecom Public Notice CRTC 99-21: Northwestel Inc. – Implementation of toll competition and review of regulatory framework, quality of service and related matters
Reference: 8622-N1-04/99
Applications for costs by the Consumers' Association of Canada and National Anti-Poverty Organization (CAC/NAPO) and Utilities Consumers Group (UCG).
1. On 21 June 2000, CAC/NAPO and UCG respectively applied, orally, for an award of costs at the end of their oral final argument presented in this proceeding held in Whitehorse, Yukon, from 14 June to 21 June 2000.
Position of parties
2. CAC/NAPO submitted that they represent an important constituency of Northwestel and of other telephone companies who are being asked to pay for much of what is requested in this proceeding. It was also submitted that they have participated in a responsible manner and contributed to a better understanding of the issues through their evidence and participation in the proceeding.

3. UCG submitted that it represents a group of rate payers, residential and small business consumers in the Yukon territory. Also, UCG submitted that it filed competent submissions, interrogatories and responses, and participated fully in the preliminary submissions, the consultation process and the hearing. In its view, UCG has contributed to a better understanding of the issues raised in this proceeding.
Position of Northwestel Inc.
4. Northwestel submitted, at the end of its final argument on 21 June 2000, that it agreed that CAC/NAPO and UCG had met the criteria for an award of costs.
Commission determination
5. In the Commission's view, CAC/NAPO and UCG have both met the three criteria for an award of costs set out in subsection 44(1) of the CRTC Telecommunications Rules of Procedure (the Rules), and are therefore eligible for an award of costs.
Direction as to costs
6. The applications filed by CAC/NAPO and UCG for an award of costs in respect of the above-mentioned proceeding are approved.

7. Given that this proceeding related exclusively to Northwestel's activities and territory, the Commission finds it appropriate to name Northwestel the sole respondent for costs.

8. The costs awarded herein shall be subject to taxation in accordance with the Rules.

9. It is further directed that the costs awarded herein be taxed by Annie Paré.

10. CAC/NAPO and UCG shall, within 30 days of the issuance of this order, submit a bill of costs and affidavit of disbursements directly to the taxing officer, serving a copy on the respondent for costs, Northwestel.

11. Northwestel may, within two weeks of receipt of those documents, file comments directly with the taxing officer in response to the claim for costs, serving a copy upon CAC/NAPO and UCG.
12. CAC/NAPO and UCG may, within two weeks of receipt of any comments submitted by Northwestel, file a reply to such comments serving a copy on Northwestel.
13. All documents to be filed or served by a specific date must actually be received, and not merely sent, by that date.

Secretary General

This document is available in alternative format upon request and may also be examined at the following Internet site: http://www.crtc.gc.ca
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