Dear Editor,     

Recent headlines have focused considerable attention on ASTCA, its Board of Directors and its relationship with the Governor and Fono. There is another ASTCA matter that deserves public attention, and this one does not involve politics.

It involves federal telecommunications law.

I have been publishing telephone directories in American Samoa since 1967, when I published my first directory for the American Samoa Government. Over the decades I produced a number of directories, including substantial editions containing residential, government, business and ASTCA postpaid cellular listings.

I am now bringing that service into the 21st century.

I operate pagopago.com and I have developed a modern online telephone directory and companion application for American Samoa. I am not asking ASTCA or the American Samoa Government for a contract. I am not asking them to buy anything from me. I am not asking the government to finance the project.

I am asking ASTCA for its current subscriber-list information so that I can publish an accurate directory.

Federal law addresses that request directly.

Section 222(e) of the federal Communications Act provides that a telecommunications carrier providing telephone exchange service shall provide subscriber list information to a person requesting it for the purpose of publishing directories in any format. The information must be supplied on a timely and unbundled basis and under nondiscriminatory and reasonable rates, terms and conditions. 

The FCC has adopted regulations implementing that requirement. Under 47 C.F.R. §64.2309, a carrier providing telephone exchange service must provide qualifying subscriber-list information to a requesting directory publisher. 

And there should be no question that an Internet directory qualifies. The FCC has specifically ruled that the words “in any format” include telephone directories published on the Internet. The Commission explained that independent directory publishers need access to subscriber information to publish accurate directories. 

The statute does not give a publisher access to confidential or unlisted customer information. “Subscriber list information” is specifically defined and includes listed subscriber names and associated telephone numbers, addresses and certain business classifications where the information has been published, caused to be published, or accepted for publication by the carrier or an affiliate. 

I have requested current listing information from ASTCA. I have not received it.

That raises a straightforward question:

Why isn't ASTCA providing a qualified directory publisher with the subscriber-list information federal law requires a covered carrier to provide?

This is especially difficult to understand because publishing telephone directories is hardly new territory for ASTCA. ASTCA has provided subscriber information for directories in the past, and the directories I previously produced included residential, business, government and postpaid cellular listings.

The FCC rules even address timing. They do not permit a carrier simply to leave a qualifying request unanswered indefinitely. The regulatory scheme establishes procedures governing when information is to be supplied and what a carrier must do when its systems cannot accommodate a publisher's requested schedule.

I have no interest in becoming involved in the current political controversy surrounding ASTCA. My objective is much simpler.

American Samoa needs a good telephone directory.

In February 1967, I published an ASG directory that included a page explaining to subscribers how to use the relatively new dial telephone. Among other things, we had to tell people to listen for the dial tone, put their finger into the appropriate hole in the rotary dial, turn it until their finger reached the stop, and then let the dial return.

Nearly sixty years later, I am developing a directory that people will be able to access from a computer or telephone anywhere in the world.

Technology has changed considerably.

The need for an accurate directory has not.

ASTCA has the listings. I have the means and experience to publish them. I am prepared to provide the service without asking the government to pay me to publish the directory.

All ASTCA needs to do is respond to my request and comply with the federal requirements applicable to subscriber-list information.

JOHN NEWTON
pagopago.com