Pago Pago, AMERICAN SAMOA — The Senate has temporarily set aside legislation that would formally establish the American Samoa Telecommunications Authority (ASTCA) in territorial law, delaying final action on the measure until a future legislative session.

The House-approved bill was scheduled for its third and final reading yesterday morning. However, before senators could vote on the legislation, Senator Magalei Logovii requested that consideration of the measure be postponed.

Magalei said his concerns stemmed from a radio report discussing the bill. According to his understanding of that report, any ASTCA expenditure not included in the authority's approved budget would require approval from the Fono before the funds could be spent.

The senator argued that such authority should not rest with the Legislature.

In his view, responsibility for approving additional or unforeseen expenditures should remain with ASTCA's Board of Directors, particularly since board members are nominated by the Governor and confirmed by the Fono.

Magalei noted that once the board is appointed and confirmed, it should be entrusted with overseeing the authority's operations and making financial decisions necessary to conduct its business.

"If the Board is charged with governing ASTCA, then it should also have the authority to approve expenditures that fall within its responsibilities," he indicated.

Based on those concerns, Magalei asked his colleagues to postpone final consideration of the bill and revisit it when the Legislature reconvenes.

It should be noted, however, that the provision referenced by Magalei does not appear in the House bill currently before the Senate. The issue was also not mentioned during House deliberations on the legislation, nor was it included in Samoa News' previous coverage of the measure.

Initially, Senator Gaoteote Palaie Tofau urged the Senate to proceed with the third reading and bring the bill to a final vote. However, Magalei continued to advocate for delaying action until senators could further review the legislation and address any concerns regarding its governance and financial oversight provisions.

Following additional discussion, Gaoteote moved that the bill be set aside for the time being. The motion received the support of the Senate, effectively tabling the measure until lawmakers return for a future session.

The bill is intended to provide a statutory framework for ASTCA's operations, governance, powers, and responsibilities. Supporters have argued that codifying ASTCA's structure in law would modernize the authority's legal foundation and provide clearer guidance for its management and oversight.

Currently the telecommunication authority is established by a Governor’s Executive Order in 1998, and efforts to have it codified into a fully statutory entity established by law has been an ongoing concern. 

With the Senate's decision to table the proposal, the measure will now remain pending until lawmakers choose to take it up again, likely during the next legislative session. The delay means that any final action on formally establishing ASTCA by statute will have to wait until the Senate resumes its work and completes its review of the legislation.