FCC Reports, Second Series, Volume 104, Number 2, Pages 375 to 719, August 1986 Page: 459
ix, 375-719 p. ; 23 cm.View a full description of this report.
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Comark Cable Fund III
Hebron cable television system;
(f) agreements by which NITCO constructed and agreed to maintain
cable television facilities for Northwest Cable in Hebron, DeMotte, and
Lakes of the Four Seasons, Indiana; and
(g) lease agreements by which NITCO furnished space on its poles for
Northwest Cable's cable television systems in those communities.
While Defendants acknowledge these relationships, they have never sought
waiver of Section 63.54 with respect to any of them."11
13. Although our Order was supported by factual findings
based upon evidence in the record submitted largely by Defen-
dants, we did not find that we could agree with the ultimate legal
conclusions Defendants argued should have been drawn from such
evidence. Nor did we find that we could rely upon every factual
representation made by Defendants or their principals. We note,
in this connection, that Rhys Mussman made inaccurate represen-
tations either to this Commission or to public officials of the
Town of Hebron, Indiana. Specifically, Mr. Mussman represented
to the Commission that his father, Robert Mussman, had never
served as Secretary-Treasurer or as any other officer of any cable
company in which he, Rhys Mussman, was involved.12 However,
speaking on behalf of his company (i.e., Rhys G. Mussman d/b/a
Northwestern Indiana CableVision) at a public meeting before the
Board of Trustees of the Town of Hebron on April 28, 1982, Rhys
Mussman represented that his father was then Secretary-
Treasurer of his cable company.13 Further, while the record is
clear that Rhys Mussman, as President of Northwestern Indiana
Cablevision, submitted cable television proposals to public offi-
cials of Hebron and DeMotte in 1980,14 he initially represented to
us that it was not until February 1, 1983 that he began doing
business under that name.15
11 These facts were all ascertained from Defendants' filings and were not
contested. See, e.g. Amended Answer of NITCO filed May 18, 1984.
12 "Response to Consolidated Reply to Amended Answers of Northwestern
Indiana Telephone Company, Inc. and Norhtwest Indiana CATV, Inc.", filed
July 9, 1984, at para. 4; see also "Reply to Opposition to Petition for
Reconsideration of Memorandum Opinion and Order and Notice of Apparent
Liability for Forfeiture", filed by NITCO on May 17, 1985, at para. 29.
13 "Consolidated Reply to Amended Answers of Northwestern Indiana Telephone
Company, Inc. and Northwest Indiana CATV, Inc.", filed by CCI on June 11,
1984, Exh. A, at 1 and 6.
14 Amended Answer of Northwest Cable, Exh. 7 and 10.
15 "Answer of Northwest Indiana CATV, Inc." filed November 28, 1983, at paras.
2 and 6.104 F.C.C. 2d
459
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United States. Federal Communications Commission. FCC Reports, Second Series, Volume 104, Number 2, Pages 375 to 719, August 1986, report, 1986-08~; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc306573/m1/97/: accessed July 17, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.