Federal Communications Commission
Washington, D.C. 20554
January 16, 2009
In Reply Refer To:
Released: January 16, 2009
Ithaca Community Radio, Inc.
P.O. Box 6782
Ithaca, NY 14851
Mr. Ray Smith
P.O. Box 221
Montour Falls, NY 14865
NEW(FM), Odessa, NY
Facility ID No. 172825
Dear Applicant and Mr. Smith:
We have before us the above-captioned application of Ithaca Community Radio, Inc. ("ICR") for
a construction permit for a new noncommercial educational ("NCE") FM station to serve Odessa, New
York (the "Application"). We also have before us a two-page letter received June 30, 2008, opposing the
Application, filed by Ray Smith ("Smith"), which will be treated as an Informal Objection (the "Smith
Objection") in accordance with Section 73.3587 of the Commission's Rules (the "Rules").1 ICR filed an
Opposition to the Smith Objection on August 1, 2008. For the reasons set forth below, we dismiss the
Smith Objection and grant the Application.
On October 18, 2007, ICR tendered its Application for a new NCE-
FM station on Channel 210 at Odessa, New York. On June 30, 2008, an individual identifying himself as
"Ray Smith," filed an unsigned letter objecting to the Application, making numerous allegations.2 On
August 1, 2008, counsel for ICR filed a declaration made under penalty of perjury dated July 31, 2008,
provided to her by Smith stating that he "did not submit or authorize the submission of the letter, and [he
asks] that the letter be dismissed."3 Pursuant to Sections 1.52 and 73.3587 of Rules, the original copy of
1 47 C.F.R. 73.3587.
2 For example, "Ray Smith" claims that ICR is not "local;" ICR did not run the newspaper notice required by
Section 73.3580 of the Rules; and ICR is using its FM translator station to raise funds for its proposed community
radio station as well as its translator station beyond the costs related to installation, operation and maintenance of the
translator, in violation of the Rules.
Opposition at Attachment 2. In addition, Smith states that he has "neither been paid nor promised any
consideration for submitting this declaration." Id.
Section 73.3588 of the Rules states that when an objection or a
petition to deny is withdrawn, a statement on consideration is required. Because we are dismissing the Smith
Objection for not being signed, Smith's consideration statement is moot and does not factor into our decision here,
nor has it in prior similar decisions.
(continued . . .)
informal objections "shall" be signed.4 Accordingly, we also dismiss the unsigned Smith Objection as
Based on the record before us, we conclude that ICR is qualified to hold an
NCE-FM authorization and grant of the Application would serve the public interest, convenience and
necessity. The terms of the grant will be made part of the authorization issued to this applicant.
Accordingly, IT IS ORDERED that the unsigned Informal Objection filed by Ray Smith against
the application of Ithaca Community Radio, Inc., IS DISMISSED.
IT IS FURTHER ORDERED, that the application of Ithaca Community Radio, Inc. (File No.
BNPED-20071018AFY) for a new noncommercial educational FM station at Odessa, New York, IS
Peter H. Doyle
Chief, Audio Division
cc: Melodie A. Virtue, Esq.
(Continued from previous page)
4 47 C.F.R. 1.52 ("The original of all petitions, motions, pleadings, briefs, and other documents filed by any part
shall be signed . . . ."), 73.3587 (". . . [informal] objections . . . shall be signed.").
5 See Letter to Joseph Isabel,
22 FCC Rcd 18630 (MB 2007) (objector did not sign informal objection, rendering it
procedurally defective under 47 C.F.R. 1.52, 73.3587). Even if we were to consider "Ray Smith's" objections,
we would reject them. In the Smith Objection, "Ray Smith" argues that ICR did not file any public notice in any
newspapers of its proposal. ICR, however, provides for the record a sworn affidavit indicating that it did file public
notice in the Elmira (NY) Star-Gazette. "Smith" also argues that ICR is using its FM translator station (W201CD,
Lansing, NY) to raise funds for its proposed community radio station as well as its translator station beyond the
costs related to installation, operation and maintenance of the translator, in violation of Section 74.1231(g) of the
Rules. ICR provides for the record a board member's declaration, made under penalty of perjury, stating that ICR
does not violate the Rules in any of its fundraising activities on its translator station. "Smith's" general and
unsupported allegations alone do not warrant further inquiry. We reject these arguments on the basis of lack of
evidence. See Area Christian Television, Inc.,
Memorandum Opinion and Order, 60 RR 2d 862, 864 (1986)
(informal objection must contain adequate and specific factual allegations sufficient to warrant the relief requested); see also Letter to William L. Zawila, Esq. and Sandra Soho
, Ref. No. 1800B3 (MMB rel. Feb. 4, 1999) (staff denied
informal objection due to lack of evidence); and Texas Educational Broadcasting Co-Operative, Inc.,
Opinion and Order and Notice of Apparent Liability, 22 FCC Rcd 13038, 13045 (MB 2007) (unsupported allegation
adequately rebutted by licensee submission supported by affidavit from station employee with responsibility for that