Seeking Counsel

I am currently seeking experienced legal counsel to assist with ongoing federal litigation against the American Samoa Telecommunications Authority (ASTCA)—a government-run utility that is both regulated and funded by the Federal Communications Commission (FCC).

This case stems from ASTCA’s long-standing refusal to comply with its contractual and regulatory obligations in connection with telephone directory publishing. In 2010, ASTCA entered into a signed agreement with me to produce official directories for the territory. Although the agreement was drafted by ASTCA’s own legal counsel and honored in practice for several years, ASTCA later failed to provide the subscriber listing data needed to fulfill the work, in direct violation of the contract and applicable federal regulations—particularly 47 CFR § 64.2313.

This FCC rule requires incumbent local exchange carriers (ILECs) to provide subscriber list information to directory publishers on reasonable and nondiscriminatory terms. ASTCA is the sole landline provider in American Samoa, making it the de facto ILEC under federal law. While a second provider, Bluesky Communications, operates in the territory, it is a foreign-owned company and offers only wireless, internet, and email services—not landline telephone exchange service.

Despite extensive documentation of ASTCA’s breaches—including internal misuse of proprietary data by its personnel and the complete failure to deliver usable directory listings—the High Court of American Samoa ultimately dismissed my breach-of-contract case on the grounds that the agreement was “unenforceable.” That ruling is now being challenged.

The current federal complaint, will be filed in the U.S. District Court for the Middle District of Louisiana, seeking $700,000 in damages for:

• Lost profits,

• Reputational harm, and

• Business disruption directly caused by ASTCA’s misconduct.

A related regulatory complaint will also be submitted to the FCC, requesting enforcement action for ASTCA’s noncompliance with 47 CFR § 64.2313 and related obligations tied to its FCC funding and regulatory status.

After more than a decade of litigation, my financial resources have been significantly exhausted. I am therefore actively seeking counsel who may be willing to assist on one of the following bases:

• Contingency representation;

• Pro bono, in whole or part; or

• With a modest retainer, followed by a success-based or blended fee arrangement.

Counsel with experience in any of the following areas is encouraged to reach out:

• Federal telecommunications regulation and FCC enforcement;

• Contract litigation involving public agencies or utilities;

• Due process or administrative abuse cases in U.S. territories;

• Regulatory practice before the FCC or federal courts.

If you are interested in reviewing the case or can recommend a qualified firm or attorney, please contact me via the contact form on this site or email me directly at john@pagopago.com. I can provide all relevant background materials, court filings, correspondence, and regulatory submissions upon request.

Thank you for your time and consideration