5. Reasonableness of Requested Compensation

TURN and UCAN request compensation for all of the time and expenses reasonably devoted to its participation in this proceeding, for a total request of $22,777.11.

Advocate's Fees

R. Costa 3.75 Hours X $200 (2003) = $ 750.00

C. Mailloux 34.75 Hours X $275 (2002/03) = $ 9,556.25

C. Mailloux 13.00 Hours X $137.50 (Comp) = $ 1,787.50

R. Finkelstein 1.75 Hours X $340 (2002) = $ 595.00

R. Finkelstein 2.00 Hours X $170 (Comp) = $ 340.00

M. Shames 47.90 Hours X $195 (2002/03) = $ 9,340.50

SUBTOTAL = $ 22,369.25

Other Costs

Copies = $ 374.20

Postage = $ 33.66

SUBTOTAL = $ 407.86

TOTAL REQUESTED = $ 22,777.11

3.5 Hours Claimed

TURN and UCAN have presented their attorney and advocate hourly records in an appendix to the request for compensation. The information reflects the hours devoted to reviewing the records, drafting comments and responses, and participating in settlement conferences. Consistent with Commission policy, TURN billed half of its attorney rate for time related to preparation of this compensation request.

The hours claimed by TURN and UCAN are reasonable. Christine Mailloux was TURN's lead attorney in this case. Michael Shames was the lead attorney for UCAN. The majority of hours claimed by TURN belong to Mailloux, with only minor support from other TURN advocates. Appendix A of the request for compensation contains a daily listing of the tasks performed by Mailloux, Regina Costa and Robert Finkelstein. Appendix B in the document contains an accounting for Shames. The hours included in the request for compensation cover the period from August 2002 through the issuance of D.03-07-032.

3.6 Hourly Rates

Section 1806 requires the Commission to compensate eligible parties at a rate that reflects the "market rate paid to persons of comparable training and experience who offer similar services." Most of the hours claimed are for Mailloux, who was TURN's lead attorney on the case. Mailloux has an approved rate of $250 per hour for work performed in 2001 (D.03-01-074) and an approved rate of $275 for work performed in 2002 (D.03-05-027). Because of the relatively few hours recorded in 2003, TURN limits its request to $275 for all of this attorney's time.

TURN requests an hourly rate for Costa of $200 for her work in early 2003. Costa is TURN's telecommunications research director. The $200 rate was previously approved by the Commission in D.03-05-027.

At the time this request was filed, Finkelstein was an experienced supervising attorney, and the $340 rate requested had previously been approved by this Commission for work in the year 2002. (See D.03-01-074.) Because of the small number of hours devoted to supervising this compensation request, TURN asserts that it is appropriate to apply the 2002 rate to his work on this matter in 2003. We agree.

UCAN requests an hourly rate of $195 for Shames's attorney hours. This is the same rate that UCAN was awarded for his work since 1996. (See D.96-09-065 and D.00-01-045.) UCAN has voluntarily capped its billing rate for this attorney at $195 per hour and seeks no increase in his rate for work performed in 2002 and 2003.

We find that the rates requested by TURN and UCAN for its advocates are reasonable and reflect market rates or are below market rates for individuals of similar experience and qualifications.

3.7 Other Costs

TURN and UCAN claim $407.86 in administrative and other miscellaneous expenses associated with the work performed in connection with D.03-03-038. We have examined the documentation supporting these requests. We find that the remaining administrative and miscellaneous costs are reasonable.