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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
)
Order
Adopted: January 21, 2010 Released: January 21, 2010
By the Chief, Enforcement Bureau:
1. In this Order, we adopt the attached Consent Decree entered into
between the Enforcement Bureau ("Bureau") and Bela TV, LLC ("Bela"),
former licensee of Station KBEH (TV), Oxnard, California ("Station"). The
Consent Decree resolves and terminates an investigation by the Bureau
concerning possible violations by the Station of the restrictions on
indecent, profane and obscene programming in Section 1464 of Title 18,
United States Code, and Section 73.3999 of the Commission's rules.
2. The Bureau and Bela have negotiated the terms of the Consent Decree
that resolves this matter. A copy of the Consent Decree is attached hereto
and incorporated by reference.
3. After reviewing the terms of the Consent Decree and evaluating the
facts before us, we find that the public interest would be served by
adopting the Consent Decree and terminating the investigation.
4. In the absence of material new evidence relating to this matter, we
conclude that our investigation raises no substantial or material
questions of fact as to whether Bela possesses the basic qualifications,
including but not limited to those related to character, to hold or obtain
any Commission license or authorization.
5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the
Communications Act of 1934, as amended, and Sections 0.111. and 0.311 of
the Commission's Rules, the Consent Decree attached to this Order IS
ADOPTED.
6. IT IS FURTHER ORDERED that the above-captioned investigation IS
TERMINATED.
7. IT IS FURTHER ORDERED that the third-party complaints against Bela
before the Enforcement Bureau related to the above captioned investigation
as of the date of this Consent Decree ARE DISMISSED.
8. IT IS FURTHER ORDERED that a copy of this Notice shall be sent, by
Certified Mail/Return Receipt Requested, to Robert Behar, Bela TV, LLC,
14450 Commerce Way, Miami Lakes, Florida 33016, Vincent J. Curtis, Esq.,
1300 North 17th Street, 11th Floor, Arlington, VA 22209, escrow agent for
Bela TV, LLC, Harry F. Cole, Esq. and Paul J. Feldman, Esq., Fletcher
Heald & Hildreth, P.L.C., 1300 North 17th Street, 11th Floor, Arlington,
VA 22209, counsel for Bela TV, LLC.
FEDERAL COMMUNICATIONS COMMISSION
P. Michele Ellison
Chief, Enforcement Bureau
We note that the Station KBEH was assigned to Hero Licensco, LLC 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.
See 18 U.S.C. S: 1464; 47 C.F.R. S: 73.3999.
Contributing to our determination that the instant decree serves the
public interest is the fact that Bela TV, LLC has ceased broadcasting. 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 (stating
that Bela TV, LLC was dissolved on August 15, 2008).
See 47 U.S.C. S: 154(i).
See 47 C.F.R. S:S: 0.111, 0.311.
Federal Communications Commission DA 10-103
1