Federal Communications Commission DA 10-103 1 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of BELA TV, LLC Former Licensee of Television Station KBEH (TV), Oxnard, California ) ) ) ) ) ) File No. EB-06-IH-1138 NAL/Account No. 201032080003 FRN 0010754067 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”).1 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 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.3 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. 1 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. 2 See 18 U.S.C. § 1464; 47 C.F.R. § 73.3999. 3 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). Federal Communications Commission DA 10-103 2 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended,4 and Sections 0.111. and 0.311 of the Commission’s Rules,5 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 4 See 47 U.S.C. § 154(i). 5 See 47 C.F.R. §§ 0.111, 0.311.