Federal Communications Commission FCC 16-46
STATEMENT OF
COMMISSIONER AJIT PAI
Re: NCE MX Group 430. Marfa Public Radio, Application for a Construction Permit for a New NCE-
FM Station at Marfa, Texas, File No. BNPED-20071017AEC, Facility ID No. 174131; Houston 
Christian Broadcasters, Application for a Construction Permit for a New NCE-FM Station at 
Alpine, Texas, File No. BNPED-20071018AJM, Facility ID No. 173348.
When Marfa Public Radio purchased a tower from Matinee Radio, LLC, it waited approximately 
seven years before updating the Commission’s antenna structure registration system to reflect this transfer 
of control.  It also waited seven years before informing Houston Christian Broadcasters that it had 
purchased the tower and was revoking Matinee’s commitment to make the site available for Houston’s 
new FM station in Alpine, Texas.  Now, Marfa complains that Houston failed to notify the Commission 
within 30 days of Marfa’s purchase of the tower that Houston no longer had assurance that the tower 
would be available to it.  Really?
1
Needless to say, this Application for Review runs afoul of the “chutzpah doctrine.”
2
                                                     
1
Cf. Really!?! with Seth and Amy, Saturday Night Live (2007), available at http://www.nbc.com/saturday-night-
live/video/weekend-update-really/n12109.
2
See, e.g., Illinois Public Safety Agency Network and Nextel Communications, Inc., WT Docket No. 02-55, 
Mediation No. TAM-12389, Memorandum Opinion and Order, 27 FCC Rcd 11459, 11468 (2012) (Statement of 
Commissioner Ajit Pai); Implementation of the Commercial Spectrum Enhancement Act and Modernization of the 
Commission’s Competitive Bidding Rules and Procedures, WT Docket No. 05-211, Order on Reconsideration of the 
Second Report and Order, 21 FCC Rcd 6703, 6709, para. 13 (2006); Caribbean Shippers Assoc., Inc. v. Surface 
Transp. Bd., 145 F.3d 1362, 1365 n.3 (D.C. Cir. 1998).