Big Canoe Smoke Signals: Correcting the Record

In this article, FOBC responds to two recent areas of public confusion and misinformation.

1. FOBC Email Practices and Legal Compliance

Claims that FOBC emails violate the CAN-SPAM Act or contain broken “unsubscribe” links are unfounded. This is addressed in detail in our separate Legal Notice (3-page PDF), which also warns readers against filing knowingly false complaints with federal agencies—an act that carries legal consequences.
👉 Key Point: FOBC is not legally required to include an unsubscribe option—but we do, and it works.

2. Rebuttal to the Smoke Signals Article (Published July 9, 2025)

Reference: Smoke Signals Community Services Inc. responds to recent allegations
Smoke Signals Community Services, Inc. (SSCSI) published a lengthy piece attempting to distance itself from the POA. Several statements within that article are misleading or factually incorrect. Below is a structured rebuttal:

🔹 Claim #1: “No secret agreement” regarding the trademark

SSCSI writes: “…suggest that the trademark for Smoke Signals Community Services Inc. (SSCSI) validated their claims of a ‘Secret Agreement’ between the parties.”

This misrepresents the actual FOBC position. Our reporting has consistently relied on publicly available POA Board minutes, which confirm:

• A 2015 Memorandum of Agreement (MOA) between the POA and HOA:
  POA Board Minutes, May 20, 2015 — “A motion to approve the Memorandum of Agreement (MOA) between Big Canoe POA and the HOA was made and passed unanimously 7–0.”
• A 2023 agreement for the transfer of the Smoke Signals trademark, with explicit special conditions:
  POA Board Action, April 15, 2024 — “Motion to approve the transfer of the Smoke Signals Trademark, with conditions, to the Smoke Signals ownership group. Motion passed 7–0.”

These are not conspiracy theories—they are public votes on formal agreements.

👉 Challenge: Release the full text of:

• (a) the 2015 MOA, and
• (b) the 2023 Trademark Agreement with its “special conditions.”
  If there’s nothing to hide, transparency should be simple.

🔹 Claim #2: Smoke Signals operates independently from the POA

The article states that SSCSI operates fully independently from the POA. However, credible sources from both Smoke Signals and the POA have indicated that draft articles are reviewed by the POA prior to publication—particularly those related to governance or finances.

👉 Challenge: Smoke Signals, please publicly state the following:

“No drafts of Smoke Signals articles are ever shared with the POA for comment, review, or approval prior to publication.”

Without such a clear denial, claims of editorial independence remain questionable.

🔹 Claim #3: The 2015 HOA–POA merger resulted in SSCSI independence

The article claims that SSCSI’s ownership of Smoke Signals resulted from the HOA–POA merger. However, federal and state records do not show such a merger occurring in a way that legally transfers operational or organizational independence. FOBC has raised this concern before and requested the 2015 MOA be released to clarify the transition.
Again: transparency resolves doubt. Why withhold it?

🔹 Claim #4: The 2016 Trademark Application was simply a mistake

The article concedes that the 2016 trademark application for “Smoke Signals” listed the POA as owner, despite SSCSI claiming sole usage since 2015. But the application was signed under penalty of perjury and submitted to the U.S. Patent and Trademark Office (USPTO).

Under 18 U.S.C. § 1001, knowingly submitting false statements to a federal agency is a criminal offense, punishable by fine or imprisonment. Either the filing party:

• Misrepresented facts to the USPTO, or
• The POA knowingly claimed rights it did not have.

This isn’t a typo — it’s a serious legal matter. The Smoke Signals has apparently just accused the Big Canoe Property Owners Association of a criminal act in violation Federal Law 18 U.S.C. § 1001.  The community deserves an honest, and expedient explanation.

🔚 Conclusion

Smoke Signals describes these concerns as “false allegations” and “conspiracy theories.” But all of FOBC’s claims are based on:

• Public records
• Board minutes
• Legal filings
• Multiple credible sources

Rather than issuing blanket denials or emotional appeals, we challenge SSCSI and the POA to take the transparent route:

✅ Release the 2015 MOA
✅ Release the 2023 Trademark Agreement with Conditions
✅ Clearly confirm or deny pre-publication editorial review by the POA

The burden of proof lies with those making claims of independence.

Big Canoe deserves accurate information, not vague reassurances. We invite continued public inquiry into all aspects of local governance, nonprofit relationships, and community communications.

— Focus on Big Canoe

Peace,
– david h/ publisher / property owner
Focus on Big Canoe, GA
10887 Big Canoe
Big Canoe, GA 30143
themtnsvoice@aol.com

* publications of The Mountains Voice