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FCC considers invitation to enter Bluesky lawsuit

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Pago Pago, AMERICAN SAMOA — The US Federal Communications Commission (FCC) is requesting additional time to revaluate questions presented by the federal court in Honolulu and to determine whether to participate as an Amicus Curiae — or friend of the court — in the lawsuit brought by four American Samoa residents who have sued AST Telecom, dba Bluesky Communications, along with current and former company executives.

Last week US District Court Judge, J. Micheal Seabright invited the FCC to participate as “amicus curiae” in a lawsuit filed by plaintiffs — Steven Jay Pincus Hueter, Rosalia Tisa Faamuli, Michael S. Kirk, and Faamuli Pete Faamuli — who allege, among other things, that defendants violated FCC Rules and Regulations by improperly hanging and attaching its telecommunication cables on trees and land belonging to the plaintiffs in Alega village and on the official private Alega Marine and Wildlife Sanctuary and Reserve.

In his invitation-order, Seabright noted that the court “has broad discretion to appoint amicus curiae.”

Seabright invited the FCC to address two questions and FCC was requested to submit a response indicating whether it accepts the invitation no later than Apr. 27th. And if the FCC requires an extension of this response date, it may make a request to the court. (See Samoa News online Apr. 16th for details).

The US Attorney’s Office in Honolulu was ordered by the court to assist in forwarding the invitation to an appropriate point of contact at FCC.

Seabright was informed this week that the FCC is now in receipt of the Invitation and has begun reviewing the questions presented by the Court.

“However, the FCC needs additional time to evaluate the questions presented and to determine whether to participate,” according to the US Attorney Office in Honolulu through a court filing.

Accordingly, the FCC respectfully requested a 30-day extension of the current Apr. 27th deadline, up to and including May 27th, to submit a response indicating whether it intends to participate in this case as an amicus curiae.

Yesterday, Seabright granted the request.