Telecom Order CRTC 2021-353

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Ottawa, 29 October 2021

File numbers: 1011-NOC2021-0069 and 4754-668

Allocation of funds from Bell Canada’s deferral account to the Newfoundland and Labrador Association of the Deaf for its participation in the proceeding initiated by Telecom and Broadcasting Notice of Consultation 2021-69

Background

1. In Telecom and Broadcasting Notice of Consultation 2021-69, the Commission called for comments on the text of the draft Canadian Radio-television and Telecommunications Commission Accessibility Reporting Regulations (the Regulations). It was the second of two consultations on the structure, form, and content of the Regulations to be made under the Accessible Canada Act (ACA).
2. In Telecom and Broadcasting Notice of Consultation 2020-124-2, the Commission approved a proposal by Bell Canada to use funds in its deferral account to fund public interest participation in the regulation-making proceedings under the ACA. The Commission indicated that it would distribute these funds in a manner that closely resembles its general practices and procedures in respect of applications for final telecommunications costs awards, including the application of the eligibility criteria for costs awards set out in section 68 of the Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure (the Rules of Procedure).
3. In that notice of consultation, the Commission noted that Bell Canada did not submit that it required the opportunity to respond to applications for a share of the available funds in its proposal. In the circumstances, the Commission considered that such responses were unnecessary.

Application

4. By letter dated 28 April 2021, the Newfoundland and Labrador Association of the Deaf (NLAD) applied for costs with respect to its participation in the proceeding that led to Telecom and Broadcasting Regulatory Policy 2021-215.
5. NLAD submitted that it had met the criteria for an award of costs set out in section 68 of the Rules of Procedure because it represented a group of subscribers that had an interest in the outcome of the proceeding, it had assisted the Commission in developing a better understanding of the matters that were considered, and it had participated in a responsible way.
6. In particular, NLAD submitted that it is a non-profit organization that represents the interests of Deaf Newfoundlanders and Labradorians, including those facing barriers when buying goods and services from providers of communications services.
7. NLAD submitted that it provided a fuller understanding of the issues affecting this class of subscribers by applying a Deaf and Hard of Hearing perspective to the proposed Regulations, alongside Deafness Advocacy Association Nova Scotia (DAANS) and the Ontario Association of the Deaf (OAD).
8. NLAD submitted that it participated in the proceeding in a responsible way by providing a unique perspective that was both focused and structured.
9. NLAD requested that the Commission fix its costs at $940, consisting entirely of analyst fees. NLAD filed a bill of costs with its application, claiming two days at the rate of $470 per day for an in-house analyst.

Commission’s analysis and determinations

Eligibility

10. In Telecom and Broadcasting Notice of Consultation 2020-124-2, the Commission stated the following:

    15.  […] Eligibility for a share of these funds will be evaluated according to the criteria set out in section 68 of the Rules of Procedure, namely

    1. whether the applicant had, or was the representative of a group or a class of subscribers that had, an interest in the outcome of the proceeding;
    2. the extent to which the applicant assisted the Commission in developing a better understanding of the matters that were considered; and
    3. whether the applicant participated in the proceeding in a responsible way.
11. The Commission further indicated that it would have regard to whether the applicant had explained how the costs claimed were reasonably and necessarily incurred in the circumstances.
12. In Telecom Information Bulletin 2016-188, the Commission provided guidance regarding how an applicant may demonstrate that it satisfies the first criterion with respect to its representation of interested subscribers. In the present case, NLAD has demonstrated that it meets the first criterion by having represented the interests of Deaf Newfoundlanders and Labradorians and by having consulted its membership and relied on its membership’s expertise.
13. NLAD assisted the Commission in developing a better understanding of the matters that were considered by providing a number of recommendations and comments as part of its feedback on the draft Regulations, regarding matters such as the recognition of sign languages, thereby satisfying the second criterion.
14. NLAD has also satisfied the remaining criterion through its participation in the proceeding. NLAD participated jointly with DAANS and the OAD in all stages of the proceeding, and diligently and responsibly raised issues regarding the proposed Regulations on behalf of Deaf Newfoundlanders and Labradorians.
15. Accordingly, the Commission finds that NLAD meets the criteria for an award of costs set out in Telecom and Broadcasting Notice of Consultation 2020-124-2.

Fees and time claimed

16. NLAD claimed fees for the work of its in-house analyst at the rate of $470 per day, which is consistent with the Guidelines for the Assessment of Costs, as set out in Telecom Regulatory Policy 2010-963.
17. In the present matter, NLAD participated jointly with DAANS and the OAD in all stages of the proceeding and provided structured commentary and an appropriate amount of documentation. NLAD’s submissions were organized and detailed, and its claim reflects the extent of its joint participation.
18. In light of the above, the total amount claimed by NLAD was reasonably and necessarily incurred and should be allowed.

Directions regarding costs

19. The Commission approves the application by NLAD and directs Bell Canada to pay forthwith from its deferral account the amount of $940 to NLAD.

2019 Policy Direction

20. The Governor in Council issued a policy direction in which it directed the Commission to consider how its decisions can promote competition, affordability, consumer interests, and innovation (the 2019 Policy Direction).^{Footnote 1} The Commission considers that its determinations in this order are consistent with the 2019 Policy Direction.
21. In particular, the present order, which requires the reimbursement of reasonably and necessarily incurred costs relating to public interest intervener participation in the proceeding, contributes to enhancing and protecting the rights of consumers in their relationships with service providers, including rights related to accessibility.

Secretary General

Related documents

• The Canadian Radio-television and Telecommunications Commission Accessibility Reporting Regulations, Telecom and Broadcasting Regulatory Policy CRTC 2021-215, 7 July 2021
• Call for comments – The Canadian Radio-television and Telecommunications Commission Accessibility Reporting Regulations, Telecom and Broadcasting Notice of Consultation CRTC 2021-69, 18 February 2021

• Call for comments – Regulations to be made under the Accessible Canada Act, Telecom and Broadcasting Notice of Consultation CRTC 2020-124, 14 April 2020; as amended by Telecom and Broadcasting Notices of Consultation CRTC 2020-124-1, 13 May 2020; and 2020-124-2, 4 June 2020

• Guidance for costs award applicants regarding representation of a group or a class of subscribers, Telecom Information Bulletin CRTC 2016-188, 17 May 2016
• Revision of CRTC costs award practices and procedures, Telecom Regulatory Policy CRTC 2010-963, 23 December 2010

Date modified:

2021-10-29