Click here for Adobe Acrobat version
Click here for Microsoft Word version

******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.

*****************************************************************



                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                           )                                 
                                                                             
     In the Matter of                      )   File No. EB-06-IH-1138        
                                                                             
     BELA TV, LLC                          )   NAL/Account No. 201032080003  
                                                                             
     Former Licensee of Television         )   FRN 0010754067                
     Station KBEH (TV), Oxnard,                                              
     California                            )   Facility ID No. 56384         
                                                                             
                                           )                                 


                                 CONSENT DECREE

    1. The Enforcement Bureau and Bela, LLC, by their authorized
       representatives, hereby enter into this Consent Decree for the purpose
       of terminating the Enforcement Bureau's investigation into alleged
       violations of Section 1464 of Title 18, United States Code and Section
       73.3999 of the Commission's rules, by the broadcast of indecent,
       profane or obscene material over Station KBEH (TV), Oxnard,
       California.

   I. DEFINITIONS

    2. For the purposes of this Consent Decree, the following definitions
       shall apply:

    a. "Act" means the Communications Act of 1934, as amended, 47 U.S.C.
       S: 151 et seq.

    b. "Adopting Order" means an Order by the Bureau adopting the terms of
       this Consent Decree without change, addition, deletion, or
       modification.

    c. "Bela" means Bela TV, LLC and its predecessors-in-interest and
       successors-in-interest, if any.

    d. "Bureau" means the Enforcement Bureau of the Federal Communications
       Commission.

    e. "Commission" and "FCC" mean the Federal Communications Commission and
       all of its bureaus and offices.

    f. "Complaints" means the third-party complaints that may have been
       received by, or are in the possession of, the Commission or Bureau, as
       of the Effective Date, alleging violations of the Commission's
       Indecency Rules by Station KBEH (TV), Oxnard, California.

    g. "Effective Date" means the date on which the Bureau releases the
       Adopting Order.

    h. "Indecency Rules" means 18 U.S.C. S: 1464 and 47 C.F.R. S: 73.3999.

    i. "Investigation" means the investigation commenced by the Bureau's
       letter of inquiry dated October 30, 2006, regarding whether Bela
       violated the Commission's Indecency Rules in connection with its
       operation of Station KBEH (TV) on February 24, 2006.

    j. "Parties" means Bela and the Bureau.

    k. "Rules" means the Commission's regulations found in Title 47 of the
       Code of Federal Regulations.

   II. BACKGROUND

    3. Pursuant to Title 18 of the United States Code, Section 1464, the
       utterance of "any obscene, indecent or profane language by means of
       radio communication" is prohibited. In addition, Section 73.3999 of
       the Commission's rules provides that radio and television stations
       shall not broadcast obscene material at any time, and consistent with
       a subsequent statute and court case, shall not broadcast indecent
       material between 6:00 a.m. and 10:00 p.m. Profane material also may
       not be aired during this time period.

    4. The Commission received multiple complaints alleging that Station KBEH
       (TV) had violated the Commission's Indecency Rules during its
       broadcast of the program "Atrevete" on February 24, 2006. On October
       30, 2006, the Bureau issued a letter of inquiry ("LOI") to Bela. This
       LOI directed Bela to confirm whether Station KBEH (TV) had aired the
       complained-of material and, if so, to provide a recording and written
       transcript of the broadcast, as well as all documents relating or
       referring to the broadcast. On December 13, 2006, Bela responded to
       the LOI.

   III. TERMS OF AGREEMENT

    5. Adopting Order. The Parties agree that the provisions of this Consent
       Decree shall be subject to final approval by the Bureau by
       incorporation of such provisions by reference in the Adopting Order
       without change, addition, modification, or deletion. 

    6. Jurisdiction. Bela agrees that the Bureau has jurisdiction over it and
       the matters contained in this Consent Decree and has the authority to
       enter into and adopt this Consent Decree.

    7. Effective Date; Violations. The Parties agree that this Consent Decree
       shall become effective on the date on which the FCC releases the
       Adopting Order. Upon release, the Adopting Order and this Consent
       Decree shall have the same force and effect as any other Order of the
       Bureau. Any violation of the Adopting Order or of the terms of this
       Consent Decree shall constitute a separate violation of a Bureau
       Order, entitling the Bureau to exercise any rights and remedies
       attendant to the enforcement of a Commission Order.

    8. Termination of Investigation. In express reliance on the covenants and
       representations in this Consent Decree and to avoid further
       expenditure of public resources, the Bureau agrees to terminate its
       Investigation and dismiss the Complaint. In consideration for the
       termination of said Investigation and dismissal of the Complaint, Bela
       agrees to the terms, conditions, and procedures contained herein. The
       Bureau further agrees that, in the absence of new material evidence,
       the Bureau will not use the facts developed in this Investigation
       through the Effective Date of the Consent Decree, or the existence of
       this Consent Decree, to institute, on its own motion, any new
       proceeding, formal or informal, or take any action on its own motion
       against Bela or any successor-in-interest to Bela concerning the
       matters that were the subject of the Investigation. The Bureau also
       agrees that it will not use the facts developed in this Investigation
       through the Effective Date of this Consent Decree, or the existence of
       this Consent Decree, to institute on its own motion any proceeding,
       formal or informal, or take any action on its own motion against Bela
       or any successor-in-interest to Bela with respect to any basic
       qualifications, including its character qualifications, to be a
       Commission licensee or to hold Commission authorizations.

    9. Voluntary Contribution. Bela agrees that it will make a voluntary
       contribution to the United States Treasury in the amount of
       twenty-five thousand dollars ($25,000.00). The payment in full will be
       made within five (5) calendar days after the Effective Date of the
       Adopting Order. The payment must be made by check or similar
       instrument, payable to the order of the Federal Communications
       Commission. The payment must include the NAL/Account Number and FRN
       Number referenced in the caption to the Adopting Order. Payment by
       check or money order may be mailed to Federal Communications
       Commission, P.O. Box 979088, St. Louis, MO 63197-9000. Payment by
       overnight mail may be sent to U.S. Bank - Government Lockbox #979088,
       SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO 63101. Payment by
       wire transfer may be made to ABA Number 021030004, receiving bank
       TREAS/NYC, and account number 27000001. For payment by credit card, an
       FCC Form 159 (Remittance Advice) must be submitted.  When completing
       the FCC Form 159, enter the NAL/Account number in block number 23A
       (call sign/other ID), and enter the letters "FORF" in block number 24A
       (payment type code). Bela will also send electronic notification on
       the date said payment is made to Hillary.DeNigro@fcc.gov,
       Ben.Bartolome@fcc.gov, Kenneth.Scheibel@fcc.gov, and
       Anita.Patankar-Stoll@fcc.gov.

   10. Waivers. Bela waives any and all rights it may have to seek
       administrative or judicial reconsideration, review, appeal or stay, or
       to otherwise challenge or contest the validity of this Consent Decree
       and the Order adopting this Consent Decree, provided the Commission
       issues an Order adopting the Consent Decree without change, addition,
       modification, or deletion. Bela shall retain the right to challenge
       Commission interpretation of the Consent Decree or any terms contained
       herein. If either Party (or the United States on behalf of the
       Commission) brings a judicial action to enforce the terms of the
       Adopting Order, neither Bela nor the Commission shall contest the
       validity of the Consent Decree or the Adopting Order, and Bela shall
       waive any statutory right to a trial de novo. Bela hereby agrees to
       waive any claims it may otherwise have under the Equal Access to
       Justice Act, 5 U.S.C. S: 504 and 47 C.F.R. S: 1.1501 et seq., relating
       to the matters addressed in this Consent Decree.

   11. Subsequent Rule or Order. The Parties agree that if any provision of
       the Consent Decree conflicts with any subsequent rule or Order adopted
       by the Commission (except an Order specifically conflicting with the
       terms of this Consent Decree to which Bela does not expressly consent)
       that provision will be superseded by such Commission rule or Order.

   12. Successors and Assigns. The Parties agree that the provisions of this
       Consent Decree shall be binding on and applicable to Bela's
       successors, assigns, and transferees, if any.

   13. Final Settlement. The Parties agree and acknowledge that this Consent
       Decree shall constitute a final settlement between the Parties. Bela
       admits, solely for the purpose of this Consent Decree and for FCC
       civil enforcement purposes that its broadcast of the complained-of
       material violated the Commission's Indecency Rules.

   14. Modifications. This Consent Decree cannot be modified without the
       advance written consent of both Parties.

   15. Paragraph Headings. The headings of the Paragraphs in this Consent
       Decree are inserted for convenience only and are not intended to
       affect the meaning or interpretation of this Consent Decree.

   16. Authorized Representative. Each party represents and warrants to the
       others that it has full power and authority to enter into this Consent
       Decree.

   17. Counterparts. This Consent Decree may be signed in any number of
       counterparts (including by facsimile), each of which, when executed
       and delivered, shall be an original, and all of which counterparts
       together shall constitute one and the same fully executed instrument.


     ________________________________         
                                              
     P. Michele Ellison                       
                                              
     Chief                                    
                                              
     Enforcement Bureau                       
                                              
     ________________________________         
                                              
     Date                                     
                                              
     ________________________________         
                                              
     Robert Behar                             
                                              
     President                                
                                              
     Bela, LLC, as successor-in-interest to   
                                              
     Bela TV, LLC                             
                                              
     ________________________________         
                                              
     Date                                     


   Bela TV, LLC ("Bela TV") was dissolved on August 15, 2008. Bela TV's
   successor-in-interest is Bela TV's sole member, Bela, LLC. See Letter from
   Paul J. Feldman, Esq., attorney for Bela TV, LLC, to Hillary S. DeNigro,
   Chief, Investigations and Hearings Division, Enforcement Bureau, Federal
   Communications Commission, dated April 2, 2009.

   See 18 U.S.C. S: 1464; 47 C.F.R. S: 73.3999.

   We note that consent to the assignment of Station KBEH was granted on
   February 14, 2008.  Prior to this assignment, Bela entered into an
   assignment agreement on February 11, 2008, which required the Licensee to
   place funds in escrow to cover potential liability.  In accordance with
   the assignment agreement, this consent decree does not affect or involve
   the assignee of the Station (which has no liability or potential liability
   associated with the alleged rule violations discussed in Paragraph 1
   above).

   See Letter from Benigno E. Bartolome, Deputy Chief, Investigations and
   Hearings Division, Enforcement Bureau, Federal Communications Commission,
   to Bela TV, LLC, dated October 30, 2006 ("LOI").

   See 18 U.S.C. S: 1464.

   See 47 C.F.R. S: 73.3999.

   See Public Telecommunications Act of 1992, Pub. L. No. 102-356, 106 Stat.
   949 (1992) (setting the safe harbor of 10:00 p.m. to 6:00 a.m. for the
   broadcast of indecent material); Action for Children's Television v. FCC,
   58 F.3d 654, 656 (D.C. Cir 1995) (en banc) (affirming restrictions
   prohibiting the broadcast of indecent material between the hours of 6:00
   a.m. and 10:00 p.m.) ("ACT III"), cert. denied, 516 U.S. 1072 (1996).

   See Complaints Against Various Licensees Regarding Their Airing of the
   "Golden Globe Awards" Program, Memorandum Opinion and Order, 19 FCC Rcd
   4975, 4981 (2004), petitions for stay and reconsideration pending.

   See LOI at 4.

   See Letter from Harry F. Cole, Counsel to Bela TV, LLC, to Marlene H.
   Dortch, Secretary, Federal Communications Commission, dated December 13,
   2006 ("LOI Response").

   Federal Communications Commission DA 08-2391

   {00055116-1 }{00055116-1 }{00052610-1 }3

   {00055116-1 }{00055116-1 }{00052610-1 }3

   Federal Communications Commission DA 10-103

   Federal Communications Commission DA 10-103

   {00055116-1 }{00055116-1 }{00052610-1 }3

   2

   Federal Communications Commission DA 08-2391

                    {00055116-1 }{00055116-1 }{00052610-1 }