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ARCHIVED -  Telecom Costs Order CRTC 99-4

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Telecom Costs Order

Ottawa, 1 April 1999

Telecom Costs Order CRTC 99-4

In re: MTS Communications Inc. (MTS) - Mechanism to Recover Future Income Tax Expense - Telecom Public Notice CRTC 98-12

File No.: 8678-C12-02/98

Application for costs by the Consumers' Association of Canada (Manitoba) and the Manitoba Society of Seniors (CAC/MSOS).

BACKGROUND

1.By letter dated 17 December 1998 (received on 19 February 1999), CAC/MSOS applied for costs incurred in relation to their participation in the above-noted proceeding. CAC/MSOS submitted that they have satisfied the test for costs in that they (i) directly represent the interests of thousands of Manitoba consumers, (ii) participated in a responsible manner by respecting all deadlines and by co-operating with MTS' request for an extension of time to file reply argument, and (iii) contributed to a better understanding of the issues by the Commission through the filing of interrogatories, evidence and argument.

2.MTS did not file an answer.

COMMISSION DETERMINATION

3.The Commission notes that CAC/MSOS participated extensively in all stages of this proceeding, and that, through their interrogatories, evidence and argument, were the only parties to question MTS' position and to offer alternative arguments.

4.The Commission is of the view that CAC/MSOS had a sufficient interest in the outcome of this proceeding, participated in a responsible manner, and contributed to a better understanding of the issues by the Commission. Accordingly, the Commission considers that CAC/MSOS have met the criteria for an award of costs as set out in subsection 44(1) of the CRTC Telecommunications Rules of Procedure (the Rules) and should be awarded costs for their participation in this proceeding.

DIRECTION AS TO COSTS

5.CAC/MSOS' application for an award of costs in respect of this proceeding is approved.

6.Costs awarded herein shall be subject to taxation in accordance with the Rules.

7.Costs awarded herein shall be payable to CAC/MSOS by MTS.

8.Costs awarded herein shall be taxed by Geoff Batstone.

9.CAC/MSOS 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 MTS.

10.MTS may, within two weeks of receiving those documents, file comments directly with the Taxing Officer with respect to the costs claimed, serving a copy on CAC/MSOS.

11.CAC/MSOS may, within two weeks of receiving any such comments, file a reply directly with the Taxing Officer, serving a copy on MTS.

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

This document is available in alternative format upon request.

Secretary General

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