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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   Hero Licenseco LLC )  File Nos. EB-10-LA-0221 

   Licensee of Television Station KBEH )


   Facility ID # 56384  )  NOV No.  V201132900007

   Oxnard, California ) 

                              NOTICE OF VIOLATION

   Released:  November  17, 2010

   By the District Director,  Los Angeles Office, Western Region, Enforcement

    1. This is a  Notice of Violation ("Notice") issued pursuant to Section
       1.89 of the Commission's Rules, to Hero Licenseco LLC.  ("Hero"),
       licensee of television station KBEH(TV), Oxnard, California.  This
       Notice may be combined with a further action, if further action is

    2. On September 14, 2010,  an agent of the Enforcement Bureau's  Los
       Angeles Office inspected KBEH(TV) at its main studio location at 5757
       W. Century Blvd., Los Angeles, California and observed the following

     a. 47 C.F.R. S: 11.52(d): "EAS participants must monitor two EAS
        sources. The monitoring assignment of each broadcast station and
        cable system and wireless cable system are specified in the State EAS
        Plan and FCC Mapbook."  At the time of the inspection, KBEH(TV) was
        not monitoring the correct local primary stations as required by the
        California and Ventura County EAS plan.  

     b. 47 C.F.R. S: 11.35(a): "EAS Participants must determine the cause of
        any failure to receive  the required tests or activations specified
        in Sections 11.61(a)(1) and (a)(2). Appropriate entries indicating
        reasons why any tests were not received or sent must be made in the
        broadcast station log as specified in Sections 73.1820 and 73.1840 of
        this chapter for all broadcast streams . . . . "  At the time of the
        inspection, there were no EAS logs except for the period of December
        15, 2009 to July 15, 2010 and these logs had no entries indicating
        why tests from a second LP source had not been received or
        re-transmitted for this period.

     c. 47 C.F.R S: 73.3526(e)(11)(iii): "Children's television programming
        report. For commercial TV broadcast stations, both analog and
        digital, on a quarterly basis, a completed Children's Television
        Programming Report...on FCC Form 398...The Report for each quarter is
        to be placed in the public inspection file by the tenth day of the
        succeeding calendar quarter." At the time of the inspection, the most
        recent report, for the second quarter of 2010, was not found  in the
        Public Inspection File.

     d. 47 C.F.R S: 73.3526(e)(2): "Applications and related materials. A
        copy of any application tendered for filing with the FCC, together
        with all related material,...shall be maintained in the file until
        final action has been taken on the application,..." At the time of
        the inspection Commission records show that KBEH(TV) had two
        outstanding applications, File No. BLSTA-20091119ADA and File No.
        BDRT-20100407ABZ, copies of which were not found in the Public
        Inspection File.

    3. As the nation's emergency warning system, the Emergency Alert System
       is critical to public safety, and we recognize the vital role that
       broadcasters play in ensuring its success. The Commission takes
       seriously any violations of the Rules implementing the EAS and expects
       full compliance from its regulatees. We also must investigate
       violations of other rules that apply to broadcast licensees.  Pursuant
       to Section 403 of the Communications Act of 1934, as amended, and
       Section 1.89 of the Commission's Rules, we seek additional information
       concerning the violation(s) and any remedial actions the station may
       have taken.  Therefore, Hero must submit a written statement
       concerning this matter within twenty (20) days of release of this
       Notice. The response (i) must fully explain each violation, including
       all relevant surrounding facts and circumstances, (ii) must contain a
       statement of the specific action(s) taken to correct each violation
       and preclude recurrence, and (iii) must include a time line for
       completion of any pending corrective action(s). The response must be
       complete in itself  and must not be abbreviated by reference to other
       communications or answers to other notices.

    4. In accordance with Section 1.16 of the Commission's Rules, we direct
       Hero to support its response to this Notice with an affidavit or
       declaration under penalty of perjury, signed and dated by an
       authorized officer of Hero with personal knowledge of the
       representations provided in Hero's response, verifying the truth and
       accuracy of the information therein, and confirming that all of the
       information requested by this Notice which is in the licensee's
       possession, custody, control, or knowledge has been produced. To
       knowingly and willfully make any false statement or conceal any
       material fact in reply to this Notice is punishable by fine or
       imprisonment under Title 18 of the U.S. Code.

    5. All replies and documentation sent in response to this Notice should
       be marked with the File No. and NOV No. specified above, and mailed to
       the following address:

   Federal Communications Commission

   Los Angeles District  Office

   18000 Studebaker Rd. Suite #660

   Cerritos, CA 90703

    6. This Notice shall be sent to Hero Licenseco LLC, at its  address of

    7. The Privacy Act of 1974 requires that we advise you that the
       Commission will use all relevant material information before it,
       including any information disclosed in your reply, to determine what,
       if any, enforcement action is required to ensure compliance.


   Nader Haghighat.

   District Director

   Los Angeles  District Office

   Western Region

   Enforcement Bureau

   47 C.F.R. S: 1.89.

   47 C.F.R. S: 1.89(a).

   47 U.S.C. S: 403.

   47 C.F.R. S: 1.89(c).

   Section 1.16 of the Commission's Rules provides that "[a]ny document to be
   filed with the Federal Communications Commission and which is required by
   any law, rule or other regulation of the United States to be supported,
   evidenced, established or proved by a written sworn declaration,
   verification, certificate, statement, oath or affidavit by the person
   making the same, may be supported, evidenced, established or proved by the
   unsworn declaration, certification, verification, or statement in writing
   of such person . . . . Such declaration shall be subscribed by the
   declarant as true under penalty of perjury, and dated, in substantially
   the following form . . . : `I declare (or certify, verify, or state) under
   penalty of perjury that the foregoing is true and correct. Executed on
   (date). (Signature)'." 47 C.F.R. S: 1.16.

   18 U.S.C. S: 1001 et seq. See also 47 C.F.R. S: 1.17.

   P.L. 93-579, 5 U.S.C. S: 552a(e)(3).

   Federal Communications Commission


                       Federal Communications Commission