IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF LOUISIANA
BATON ROUGE DIVISION

JOHN NEWTON,
d/b/a Pago Pago Consultants
[Your Street Address]
Gonzales, Louisiana 70737

Plaintiff,

v. Civil Action No. ____________

AMERICAN SAMOA TELECOMMUNICATIONS AUTHORITY (ASTCA)
P.O. Box M
Pago Pago, AS 96799

Defendant.

COMPLAINT FOR VIOLATION OF FEDERAL TELECOMMUNICATIONS LAW AND BREACH OF CONTRACT

JURISDICTION AND VENUE

1. This Court has jurisdiction under 28 U.S.C. § 1331, as this case arises under federal law, specifically 47 CFR § 64.2313, a regulation issued by the Federal Communications Commission (FCC).

2. Plaintiff resides in Gonzales, Louisiana (70737), within the jurisdiction of the Middle District of Louisiana. While the conduct giving rise to this action occurred in American Samoa, the continuing harm and economic losses are experienced by Plaintiff within this District.

3. Venue is proper under 28 U.S.C. § 1391(b)(2) because a substantial part of the effects of Defendant’s conduct—including economic harm—are being felt within this District.

PARTIES

4. Plaintiff John Newton, doing business as Pago Pago Consultants, is a sole proprietor. At the time of the events giving rise to this complaint, Plaintiff operated in American Samoa, under a contractual agreement with ASTCA. He now resides in Gonzales, Louisiana.

5. Defendant American Samoa Telecommunications Authority (ASTCA) is a government-owned telecommunications utility located in Pago Pago, American Samoa, and is subject to federal telecommunications regulations as a common carrier under 47 CFR § 64.2313.

FACTUAL BACKGROUND

6. In 2010, ASTCA invited Plaintiff to produce its official telephone directories. The relationship was formalized via a Memorandum of Understanding (MOU) signed on November 30, 2010.

7. Under the agreement, ASTCA was required to provide complete and timely subscriber listings necessary for directory publication.

8. ASTCA employee J.D. Hall was assigned to provide this data. He failed to deliver listings in usable formats and, without authorization, posted ASTCA subscriber information on a personal website to sell advertising.

9. Plaintiff made repeated attempts to obtain the required data and contacted ASTCA’s legal counsel, Gwen Langkilde, and executive Alex Sene, but was ignored.

10. In 2013, ASTCA’s new CEO assigned Margaret Willis to assist Hall. She promptly prepared essential listing data, but Hall never transmitted her work to Plaintiff.

11. ASTCA’s repeated failures breached its obligations and caused significant financial harm to Plaintiff’s directory publishing business.

COUNT I – VIOLATION OF 47 CFR § 64.2313

12. Under 47 CFR § 64.2313, telecommunications carriers must make subscriber list information available on a timely basis for use in directory publishing.

13. ASTCA’s failure to provide complete and timely listings constitutes a violation of federal law.

14. This violation directly interfered with Plaintiff’s business operations and obligations, and caused substantial financial loss.

15. Failure to comply with 47 CFR § 64.2313 is actionable in federal court, and Defendant’s conduct is in clear violation of this binding federal regulation.

COUNT II – BREACH OF CONTRACT

16. Defendant materially breached its written agreement with Plaintiff by failing to deliver the necessary directory data, obstructing production, and mismanaging internal responsibilities.

17. Plaintiff relied on the contract and incurred expenses and business loss due to Defendant’s non-performance.

18. Despite being aware of the harm and being given multiple opportunities to comply, ASTCA failed to fulfill its obligations.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that this Court:

a) Declare that ASTCA violated 47 CFR § 64.2313;
b) Enter judgment in Plaintiff’s favor for breach of contract and violation of federal law;
c) Award compensatory damages in the amount of $700,000;
d) Award interest, costs, and any additional relief deemed just and proper.

Respectfully submitted,

Dated: [Insert Date]

John Newton
Plaintiff, Pro Se
14086 Airline Hwy, Suite 1917
Gonzales, LA 70737
Email: john@pagopago.com
Phone: (225)264-4276