FCC Reports, Volume 23, July 12, 1957 to December 27, 1957 Page: 197
xxvi, 792 p. ; 23 cm.View a full description of this report.
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Queen City Broadcasting Co. et al.
62. KVI sought to sustain its offer of proof (par. 103, supra), by
introducing into evidence an exhibit which, in essence, consisted of
136 items selected from the pages of the Record during the period
1921-28, and by cross-examination of Mr. Haas with respect to his
activities as an employee and part owner of the Record during this
period.
63. KVI's rationale is that Mr. Haas' association with the Record,
and with KIRO at the time of the Costigan broadcasts (par. 102,
supra), results in a clear record that he has been identified with 2
mediums of communications which were used for the dissemination
of Communist doctrine and propaganda; that he was completely lack-
ing in candor with respect to these associations; and that he has,
therefore, demonstrated such a lack of character and responsibility
that the application of KIRO cannot be granted upon a comparison
with those of KXA and KVI.
64. The present record does not support any conclusion adverse
to Mr. Haas based upon his association with the Record, for the rea-
sons that, during the period (from 1925 to 1928) in which he had
a proprietary interest in the said newspaper, only 108 items were
produced as evidence in support of the offer of proof, of which items
only 45 could be considered as expressions of editorial opinion (none
of which were authored by Mr. Haas). Such a showing, unsup-
ported by an expert content analysis of the newspaper, is insufficient
to demonstrate a consistent policy by the Record, assuming arguendo
that the items themselves fall within the offer of proof (WBNX
Broadcasting Co., Inc., 20 5 R. R. 23)31 particularly when it is
weighed in the light of Mr. Haas' testimony with regard to the policy
and content of the Record. Moreover, in view of the remoteness in
point of time of the events which were the subject of his testimony,
the context of Mr. Haas' replies in no way suggests to us evasiveness
or lack of candor.
George Tlardgrove
65. The allegation that Mr. Hardgrove recommended that KVI
traffic in licenses depends upon the hearsay testimony of Mrs. Irwin
with respect to a conversation between Mrs. Haas and Mr. Hard-
grove (par. 110c supra). Although the technical rules of evidence
are not applicable in administrative proceedings, the Commission's
action must be supported by reliable, probative, and substantial evi-
dence. In the present case, therefore, the hearsay testimony of Mrs.
Irwin must be weighed in relation to the direct testimony of Mr.
Hardgrove and Mrs. Haas. When so weighed, it is apparent that
it lacks sufficient corroboration and, indeed, is unequivocally denied
at The Commission notes that KIRO, notwithstanding its failure to introduce evidence
in rebuttal to KVI's showing, requested as part of its proposed findings and its brief in
support thereof, that the hearing examiner officially noticed certain extrarecord matter,
which was in the nature of a rebuttal presentation. This material was stricken by the
hearing examiner in his memorandum opinion and order of July 11, 1956 (FCC 56 M671 ;
Mimeo No. 34323). The hearing examiner's order, supra, was appealed to the Commis-
sion by KIRO and is hereby affirmed for the reasons stated by the hearing examiner.
Further, we believe the matters proffered not to be necessary for resolution of the point
involved. A similar request for official notice was encompassed in KIRO's exception to
the supplemental initial decision. KVI moved to strike the KIRO exception and brief.
which motion is hereby granted, for reasons stated supra, to the extent that extrarecordt
materials appear in part "C" and appendix 1 of the said exception.
23 F. C.C.197
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United States. Federal Communications Commission. FCC Reports, Volume 23, July 12, 1957 to December 27, 1957, report, 1959; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc177303/m1/223/: accessed July 16, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.