
After meeting with JD, Newton agreed to take on the task of producing future directories. Newton insisted that a new contract must be provided for these future directories. In-house counsel, Gwen Langkilde, was asked, in March of 2010, to prepare a draft agreement to facilitate the publication of the telephone directories.

This absence of a telephone directory goes against the policy mandates of the Federal Communications Commission (FCC), which is the licensing authority under which ASTCA is allowed to operate its telephone service. The present Contract, which has a termination date of December 1, 2015, has been made impossible to perform even in part due to the defendant's continued refusal to supply Plaintiff with its subscriber list. The plaintiff seeks damages for the breach of contract committed by the defendant.