ARCHIVED - Costs Order CRTC 2000-4

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Costs Order CRTC 2000-4
Ottawa, 31 January 2000
In re: Northwestel Inc. – Proposed increase to local calling rate for public pay telephones – Telecom Public Notice CRTC 98-42
File Nos.: Northwestel Tariff Notice 682 and 4754-156

1.

Application for costs by the BC Old Age Pensioners' Organization, Council of Senior Citizens' Organizations of BC, federated anti-poverty groups of BC, Senior Citizens' Association of BC, West End Seniors' Network, Consumers' Association of Canada, BC Coalition for Information Access, End Legislated Poverty, and Tenants Rights Action Coalition (BCOAPO et al.).

Positions of the parties

2.

By letter dated 27 April 1999, BCOAPO et al. applied for costs in relation to their participation in the proceeding initiated by Telecom Public Notice CRTC 98-42.

3.

BCOAPO et al. submitted that they met the criteria for an award of costs, which are set out in subsection 44(1) of the CRTC Telecommunications Rules of Procedure (the Rules). In this respect, they noted:

a) their organizations represent consumers, seniors, low-income persons and information rights advocates throughout British Columbia;

b) they participated in a responsible manner in the proceeding; and

c) their participation assisted the Commission in understanding the issue of accessibility of payphones for the low income consumer, and the effect of limiting the length of phone calls in their community.

4.

BCOAPO et al. also requested that the Commission dispense with the taxation process and fix the amount of costs to be paid at $799.96.

5.

In its answer, Northwestel Inc. (Northwestel) opposed the application, arguing that BCOAPO et al. had not contributed to a better understanding of the issues by the Commission. In its view, BCOAPO et al. were mistaken in their submission that the requested payphone rate increase would result in less service for its customers. Northwestel noted that BCOAPO et al. provided no rationale for their claim that telephone use would decrease with the rate increase.

6.

Alternatively, Northwestel submitted that should the Commission choose to award costs to BCOAPO et al., it should recognize that the costs claimed are excessive.

7.

In its reply, BCOAPO et al. agreed that the costs claimed were excessive and submitted a revised total claim of $151.59.

Commission determination

8.

The Commission considers that BCOAPO et al. have satisfied the criteria for an award of costs set out in subsection 44(1) of the Rules.

9.

In light of the brevity of the paper proceeding, the relatively low complexity of the issues and the small amount claimed, the Commission also considers that this is an appropriate case in which to dispense with taxation and fix the costs in accordance with the streamlined procedure set out in New Procedure for Telecom Costs Awards, Telecom Public Notice CRTC 98-11, dated 15 May 1998.

10.

Further, the Commission considers that the amount claimed by BCOAPO et al. was reasonably and necessarily incurred and should be allowed.

Direction as to costs

11.

The application by BCOAPO et al. for an award of costs in respect of the above-mentioned proceeding is approved. Pursuant to subsection 56(1) of the Telecommunications Act, the Commission fixes the amount payable at $151.59.

12.

Costs awarded herein shall be payable forthwith to BCOAPO et al. by Northwestel.
Secretary General
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