ARCHIVED - Costs Order CRTC 2000-18

Costs Order CRTC 2000-18

Ottawa, 12 December 2000

Subject: Review of contribution collection mechanism and related matters - Telecom Public Notice CRTC 99-6

Reference: 8695-C12-06/99 and 4754-173

Application for costs by Action Réseau Consommateur et al. (ARC et al.)

By letter dated 21 July 2000, ARC et al. applied for costs associated with their participation in the above-noted proceeding.

ARC et al. submitted in their application that they met the criteria for an award of costs set out in section 44 of the CRTC Telecommunications Rules of Procedure (the Rules).

Bell Canada replied on 3 August 2000, on behalf of itself, Island Telecom Inc., Maritime Tel & Tel Limited (MTT), MTS Communications Inc., NBTel Inc. and NewTel Communications Inc. (Bell Canada et al.).

The Commission received comments from
TELUS Communications Inc. on 11 September 2000.

The Commission also received comments from Saskatchewan Telecommunications (SaskTel) on 14 September 2000.

Position of parties

ARC et al. submitted that they had met the criteria for an award of costs, in that:

a) they represent an important group of ratepayers who will be affected by the outcome of this proceeding;

b) they have participated responsibly throughout the proceeding; and

c) they have contributed to the Commission's better understanding of the issues through their initial submissions, expert evidence, interrogatories and interrogatory responses, comments and reply comments.

ARC et al. submitted that they did not have strong views as to the appropriate parties against whom the Commission should award costs, or the appropriate allocation. ARC et al. did comment that it would be helpful if the number of respondents was minimized to keep down the administrative costs of collection.

Bell Canada et al. had no objection to an award of costs in favour of ARC et al. Bell Canada et al. stated that the appropriate parties to pay costs should be those most directly affected by the proceeding. This group would include those parties currently paying contribution, as well as those parties currently eligible to receive it.

TELUS and SaskTel also had no objection to an award of costs to ARC et al.

TELUS submitted that costs should be apportioned among all parties who participated actively, and who have a significant interest in the outcome of the proceeding; namely, the incumbent local exchange carriers, the independents, the wireless service providers, the alternate providers of long-distance services, the competitive local exchange carriers and the Internet service providers. TELUS submitted that costs should be apportioned on the basis of revenues from telecommunications activities.

SaskTel submitted that costs should be allocated among parties that actively participated, and have a significant interest in the outcome. i.e. those which pay contribution and those that receive it.

Commission determination

The Commission considers that ARC et al. have satisfied the criteria for an award of costs under section 44 of the Rules.

With respect to the question of appropriate respondents for costs on this application, the Commission considers that those parties who participated actively in the proceedings and who have an interest in the outcome should pay the costs under these circumstances. The Commission considers therefore that the appropriate respondents for costs are the following companies: AT&T Canada Corp., Call-Net Enterprises Inc., RSL COM Canada Inc., Bell Canada et al.(Bell Canada, MTT, NBTel, NewTel, Island Tel), MTS, SaskTel, TCI, Rogers Wireless Inc., Microcell Telecommunications Inc., and Clearnet Communications Inc. Each of these respondents vigorously participated in each stage of the proceedings.

Direction as to costs

The Commission approves ARC et al.'s application for costs in this proceeding.

For the reasons mentioned above the award of costs to ARC et al. shall be paid by the named respondents in the following proportions:

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

The costs awarded herein shall be taxed by Geoff Batstone.

ARC et al. shall, within 30 days of the issuance of this order, submit a Bill of Costs and an affidavit of disbursements directly to the taxing officer, serving a copy on the respondents for costs.

The respondents for costs 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 on ARC et al.

ARC et al. may, within two weeks of receipt of any comments submitted by the respondents for costs, file a reply to such comments, serving a copy on the respondents.

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