FCC Reports, Volume 23, July 12, 1957 to December 27, 1957 Page: 236
xxvi, 792 p. ; 23 cm.View a full description of this report.
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236 Federal Communications Commission Reports
than they did; that after he had been in Biloxi a year, he found the
studio location was just outside the city limits; that he had a waiver
of the Commission's requirements as to the transmitter site and
thought the same applied to the studio site. When the question of
license renewal of the station arose in March 1954, he checked his
station's license and found that a waiver had not been obtained from
the Commission as to the main studio location; "so I immediately,
when I found out we did not have the waiver, notified the Commis-
sion of such and requested a waiver to have our studios outside the
city limits." Upon this notification he received a modification of the
station WVMI license to permit its main studio operation outside the
city limits of Biloxi.
59. Mr. Robinson's testimony on the above point is plausible, and
his testimony with regard to this matter, as well as his other tes-
timony, appeared to be frank and honest. As he related the circum-
stances on cross-examination, there was at most inadvertence, and
he acted to correct the matter when he discovered the technical non-
compliance with rule 3.31. No willful attempt was shown to mislead
the Commission or to conceal from it a material fact, as was recog-
nized by the Commission in granting his request for the waiver as to
the main studio location when such request was made. There was
no other testimony herein which would justify the drawing of un-
favorable implications from the circumstances.
Conduct of WLOX principals
60. The first and second initial decisions contained the following
paragraphs:
At the hearing sessions of April 26, 28, 29, and 30, 1954, Odes E. Robinson,
James H. McKee, and Edward Ball, all above described, testified for applicant
Radio Associates, Inc.; and J. S. Love, Jr., and Boice R. Butterfield, above
described, testified for applicant WLOX Broadcasting Co. As is to be seen
from the above descriptions, these men all stand well in their communities.
They all testified truthfully, albeit it was necessary for Messrs. Love and
Butterfield, of WLOX Broadcasting Co., to make certain admissions, as herein-
after set forth, hurtful to the application they were supporting. These ad-
missions were related to (1) conduct attendant upon the taking of depositions
in Biloxi, and (2) the above-described operations conducted by Mr. Love at
the Hotel Buena Vista in the sale of intoxicants there in violation of Mis-
sissippi State law.
With respect to the conduct of Messrs. Love and Butterfield attendant upon
the taking of depositions in Biloxi, and an incident involving Mr. Love which
occurred late in the day during the proceedings on April 29, 1954, the examiner
cannot help but be impressed that the recorded conduct of the managing officers
and witnesses for applicant Radio Associates, Inc., comports a favorable com-
parison to that observed and recorded for the manager and president of, and
the witnesses who testified for, applicant WLOX Broadcasting Co., although
the degree of weight to be attached thereto is not capable of precise ascertain-
ment. Nevertheless, on this score the scales definitely tip in favor of Radio
Associates, Inc. These facts are set forth in the next two following findings,
Nos. 36 and 37 hereof.
Radio Associates, Inc., took the depositions of fourteen (14) persons in
Biloxi on April 1, 1954. WLOX Broadcasting Co. on the preceding day took
the depositions of sixteen (16) persons in Biloxi. When counsel earlier had
mutually served upon each other their lists of prospective witnesses whose
testimony was to be taken by deposition, Mr. Butterfield visited three of the
23 F. C. C.
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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/m1/262/: accessed July 16, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.