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The Huron Expositor, 1994-09-21, Page 21S -TNI HURON EXPOSITOR, S•pt•mb•r 28, 1994 News and Views Phone system structure 'unlawful' BY TIM CUMMING Expositor Editor The Tuckersmith Municipal Tele- phone System is not being 'hijacked' by a proposed change to a cooperative corporation, a lawyer told about 300 phone customers near Varna on Thursday night. "Do not assume when you wake up tomorrow somebody has left town with the telephone system," said Paul LaBarge, a lawyer from Blake, Cassels and Graydon. "Any program is not going anywhere without your support." Tuckersmith Municipal Telephone System must become a corporation, said LaBarge. "Your existing form is unlawful," he said. "Your commissioners, in the discharge of their statutory responsibilities have an obligation to maintain their operations in a form that conforms with the law." The municipality is not the owner of the system, but a trustee, he told a restrained crowd. A cooperative corporation is the best model to serve subscribers' interests, said the lawyer. "We tried to find a structure which emulates the principles behind the municipal telephone system as it currently exists." Prior to Thursday's meeting some phone customers had suggested looking at other structures, such as. a public utility, like that formed for the Bruce Municipal Telephone System. A public utility, however, may not be condoned by certain parts of the Municipal Act and Public Utilities Act. Telephone systems can be run as public utilities under the Ontario Telephone Act but that legislation may be unconstitutional. A recent Supreme Court decision says tele- phone system regulation is entirely in the federal jurisdiction. "1'd gladly pay to maintain service." The crowd patiently listened to long, detailed discussion of the proposed phone system changes in a humid climate at the Stanley Township municipal complex. On two different occasions the crowd clapped for people who defended the phone system in its move to a cooperative structure. Bill Wallace, of RR 4 Seaforth, said he wants to see the company retain local control and maintain local service. "I'd gladly pay to maintain ser- vice in this community," he said to applause. "It would be extremely short-sighted to let something unique slip through our hands." Glenn Grubb, the manager of the Huron -Kinloss phone system and chairperson of the Ontario Tele- phone Association, said the CRTC doesn't consider a subscriber -owned municipal system a corporation. The former chairperson of the Tuckersmith Municipal Telephone System, Dave Brock, charged that when Huron -Kinloss decided to become a cooperative there was no vote of telephone customers. The lawyer who spoke at Thursday's meeting says there's nothing undemocratic about the move to a cooperative corporation. There are options available to any- one who opposes a cooperative, he said. Firstly, the transfer of assets can only be made through a bylaw of the initiating municipality (Tuckersmith Township). "That's one check and balance of any hijack (of the phone system)," said LaBarge. "You're certainly free to make this an election issue." Secondly, an application must be made to the Ontario Telephone Services Commission which can hold a hearing if required. Another phone customer asked why the Ontario Telephone Associ- ation (OTA) wasn't pressing for recognition of municipal telephone systems as corporations. Grubb said it would be an issue of 'tax avoidance' because the municipal corporations don't pay corporate tax. He asked why phone systems should be exempt from corporate tax when small businesses had to pay the tax. Maybe all businesses should be run by municipal councils in order not to pay taxes," he said rhetori- cally. "If we have the advantage why give it up?" responded the ques- tioner. The cooperative structure will save management the hassle of potential litigation over its sub- scriber list, said the chairperson of the phone system, Ross McBeath. He described the issue of an official 'subscribers' list as a "pain in the butt for 85 years." "In our opinion it's not possible to ascertain...all subscribers," said McBeath. "We decided the cooper- ative is the only way to go." One member of the audience suggested this is why the OTA has "jumped on the bandwagon" of cooperative corporations. Former commission member Vern Alderdice said recent CRTC deci- sions will dramatically change how the phone company will get its income in the future. The company will be facing technology changes such as wireless and fibre -optics. He asked if the company had a 5 - year capital budget for technology changes. Two members of the commission made comments which suggested there was no long-term capital plan in place. Chairperson Ross McBeath said it's impossible to plan for all changes, saying at home he could not predict when a piece of farm equipment was going to break down. A former commissioner of the phone system, Robert Cooper, asked if the phone system had been asked in writing to change the structure of the phone system. The response was in the negative. A bureaucrat in charge of devel- oping cooperatives was at the Sept. 22 meeting to speak in favour of that corporate structure. George Alkalay, of the Ministry of Finance, said it was the sixth trip to an area phone system to speak on the issues. "Cooperatives can play a role in community development and keeping a community strong," he said. "Co-ops are a lot more demo- cratic in a lot of ways than our political process." Cooperatives provide local control and ownership that is the envy of people in urban areas, said Alkalay. He said the structure allows a democratic one member -one vote structure and an emphasis on ser- vice and not profit. Any profits can go back to the users in terms of reduced phone rates. The government feels the cooper- ative is important because it's an alternative to small corporations being bought out by larger ones. In those cases the decisions are made from far away, not from the place where people use the service. The CRTC thinks it's fantastic phone customers will have a say in small phone systems through a cooperative structure, echoed Grubb. A petition of subscribers has called for a general meeting to be held. r I. 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