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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
Bureau:
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
warranted.
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
violations:
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
record.
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.
FEDERAL COMMUNICATIONS COMMISSION
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
3
Federal Communications Commission