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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                         )                  
                                                            
                                         )                  
     In the Matter of                                       
                                         )   EB-04-IH-0661  
     The Beasley Broadcast Group, Inc.                      
                                         )                  
                                                            
                                         )                  


                          Memorandum OPinion and Order

   Adopted: June 1, 2007 Released: June 1, 2007

   By the Chief, Enforcement Bureau:

   I. INTRODUCTION

    1. In this Memorandum Opinion and Order we deny a formal complaint
       against The Beasley Broadcast Group, Inc. ("Beasley") filed by John B.
       Thompson ("the Complainant") alleging improper conduct against him
       based upon his filing of complaints against radio broadcast stations
       licensed to Beasley's subsidiaries.

   II. BACKGROUND

    2. Beasley is the ultimate parent of WQAM License Limited Partnership,
       licensee of Station WQAM(AM), Miami, Florida and WRXK License Limited
       Partnership, licensee of Station WRXK-FM, Bonita Springs, Florida
       (collectively, "the Beasley Stations"). The Complainant filed a number
       of complaints against the Beasley Stations alleging violations of the
       federal restrictions regarding the broadcast of indecent and profane
       material. The Complainant also filed a formal complaint alleging that
       Beasley and its counsel have engaged in threats, abuse and
       intimidation against him in retaliation for filing these complaints
       and that he had proof to substantiate these allegations. The
       Complainant did not request a specific sanction in his complaint, but
       subsequently requested that the Commission initiate revocation
       proceedings against all of Beasley's broadcast licenses and withhold
       action on all Beasley's pending "applications, petitions and
       requests."

    3. Based upon the complaint, we issued a letter of inquiry to the
       Complainant directing that he produce all documents that provide the
       basis for or otherwise support his allegations of improper threats,
       intimidation and harassment. The Complainant filed a response to our
       letter of inquiry on January 5, 2005. In addition, the Complainant
       thereafter filed, via e-mail, numerous addenda to his response as well
       as numerous additional e-mails concerning his complaint. On January
       22, 2007, the Complainant submitted a statement, accompanied by a
       declaration under penalty of perjury, summarizing the ongoing
       harassment, intimidation and targeting that he has alleged is a result
       of his complaints against Beasley. The Complainant supplemented the
       January 22, 2007 filing on February 1, 2007. Although the Complainant
       claims to have mailed to the Commission original signed declarations
       in support of the January 22 and February 1, 2007 filings, we have not
       received these signed declarations.

    4. The Complainant contends that Beasley has violated 18 U.S.C. S 1464
       and Section 73.3999 of the Commission's rules by broadcasting indecent
       material over Station WQAM(AM) and is attempting to shield its illegal
       activity by impermissibly targeting him instead of addressing his
       indecency complaints on the merits. Specifically, the Complainant
       alleges that: (1) on-air personalities at Station WQAM(AM) and others
       have made threats against him and against one of his clients; (2)
       Beasley has engaged in improper conduct in a Commission proceeding in
       which a Notice of Apparent Liability was issued against Beasley for
       airing indecent material on Station WQAM(AM); (3) Beasley's agent and
       attorney, Norman Kent, has filed lawsuits and a contempt of court
       proceeding against him at the direction of Beasley in order to harass,
       target and intimidate him; and (4) Beasley and its counsel have
       improperly filed complaints against him with the Florida Bar.

    5. Beasley filed a reply to the Complainant's initial response on January
       28, 2005, and supplemented this reply on March 11, 2005, December 16,
       2005, and April 14, 2006. In addition, on February 12, 2007, Beasley
       filed a further reply to the Complainant's filings. Beasley denies the
       Complainant's allegations and further alleges that that the
       Complainant has not provided any proof to support them. Indeed,
       Beasley maintains that the Complainant's own submission demonstrates
       that Beasley has taken reasonable and transparent actions to protect
       itself against the Complainant's allegedly inappropriate and abusive
       conduct without contesting or interfering with his right to file any
       complaint with the Commission. In this regard, Beasley also asserts
       that the Complainant's conduct includes repetitive defamatory
       communications, interference with its business relationships and other
       inappropriate and abusive tactics. Beasley maintains that, as a
       consequence of these actions, it is the Complainant who has abused the
       Commission's processes and that it is he who should be sanctioned for
       such misconduct. Beasley also asserts that the Complainant has made
       material misrepresentations that the Florida Bar has dismissed
       complaints filed against him by Beasley and its counsel and submits a
       complaint, filed by the Florida Bar against the Complainant, to
       demonstrate that these complaints have not been dismissed and that the
       bar is pursuing disciplinary action against the Complainant.

   III. DISCUSSION

    6. The Complainant's Harassment and Intimidation Complaint.   In order to
       find that a licensee impermissibly intimidated or harassed a
       complainant, there must be evidence of threats of reprisals or some
       other unnecessary and abusive conduct reasonably calculated to
       dissuade a complainant from continued involvement in a proceeding.
       Under Commission precedent, a complainant has the burden of presenting
       evidence to corroborate a claim of harassment and intimidation. At
       various times during the pendency of this investigation, the
       Complainant has informed the Commission that he expects to submit
       documentation from civil suits he has filed or will file and that this
       documentation will support his allegations. One such instance was on
       July 26, 2006, when the Complainant asserted that he was about to
       engage in discovery in connection with a civil lawsuit that would
       prove his allegations, and asked that the Commission withhold action
       and keep its investigation open pending his submission of that
       documentation. No such documentation was ultimately filed, although
       the Complainant did make additional submissions to the Commission. As
       discussed in more detail herein, we find that in light of the
       Complainant's failure to substantiate his allegations, there is no
       basis on which to conclude that Beasley has engaged in improper
       threats, harassment or abuse of the Complainant.

    7. In addition, the Complainant's allegations concerning the lawsuits and
       bar complaints filed against him cannot be viewed in isolation from
       his own conduct toward Beasley and its counsel. The Complainant has
       regularly issued press releases and contacted state and federal
       officials and other entities with which Beasley does business
       characterizing Beasley as a "criminal enterprise" under various
       criminal statutes, including the Racketeer Influenced Corrupt
       Organizations Act ("RICO") and characterizing Beasley and its
       principals as "criminals." We are unaware of, and the Complainant has
       not submitted any information demonstrating that Beasley or its
       principals have been convicted of any felony or other crime cognizable
       under the Commission's Character Policy. Moreover, as discussed below,
       there is no evidence that Beasley has acted improperly with regard to
       any of the lawsuits cited by the Complainant. These lawsuits were
       filed by Beasley's counsel, and do not involve Beasley or matters
       within the Commission's regulatory jurisdiction. Under these
       circumstances, there are legitimate reasons other than impermissible
       retaliation for the lawsuits and bar complaints referenced by the
       Complainant.

    8. Allegations Concerning Threats During Broadcasts of the "Scott Ferrall
       Show" and Improper Conduct Associated with the WQAM NAL Proceeding.
       In September 2003, the Commission received complaints alleging that
       indecent material was aired on Station WQAM(AM) during the "Scott
       Ferrall Show." One of the complaints, which was filed by another
       listener, and not by the Complainant, concerned a September 9, 2003
       broadcast in which the on-air host, Mr. Ferrall, received an angry
       phone call from an unidentified listener and then threatened to have
       the caller incarcerated, after which the caller would be raped and
       sodomized, and Mr. Ferrall would perform other sexual acts on his wife
       and also engage in violence against his family. The Complainant filed
       a different complaint about the September 10, 2003, broadcast of the
       "Scott Ferrall Show," and claimed that, among other things, the
       broadcast included the following material: "[m]olested in the ass as
       children...hot candles in the ass." This indecency complaint does not
       mention any threats by Mr. Ferrall, and the Complainant did not file a
       contemporaneous complaint about the threats in the September 9, 2003
       broadcast or about any other threat against him by Mr. Ferrall. In
       various communications sent to the Commission, however, the
       Complainant has since suggested that the threats in the September 9,
       2003 broadcast were made against him and his family. The Complainant,
       however, does not so claim in his response and supplement to his
       response to the letter of inquiry in this proceeding. The record also
       includes other statements by the Complainant acknowledging that the
       threats on September 9, 2003 were directed against someone else, and
       not him or his family.

    9. The Complainant points to the Commission's Notice of Apparent
       Liability  ("NAL"), issued to WQAM for its apparent violation of 18
       U.S.C. 1464 and Section 73.3999 of the Commission's rules for
       broadcasting indecent material over Station WQAM(AM) on September 9
       and 10, 2003 and argues that the NAL corroborates his claims of
       improper threats made at the direction of Beasley and its counsel. We
       disagree. As discussed above, the Complainant acknowledges that the
       threats were made against someone else, and not him or his family.

   10. The Complainant also alleges that Beasley and its Washington, D.C.
       counsel have targeted him for harm in retaliation for his complaints
       to the Commission through improper conduct in the WQAM NAL proceeding.
       Specifically, the Complainant alleges that Beasley lied in its
       response to the NAL by asserting that the Complainant alone was
       responsible for the indecency complaints about the material aired on
       September 9 and 10, 2003 and then "launch[ed] an outrageous ad hominem
       false assault upon me and my reputation."

   11. Our letter of inquiry to WQAM concerning the September 9 and 10
       broadcasts of the "Scott Ferrall Show" enclosed redacted copies of the
       complaints to omit identifying information concerning the
       complainants. Thus, it was not clear to Beasley at the time that both
       complaints had not originated with him. Beasley's response to the NAL
       notes this uncertainty, and for convenience, references a
       "Complainant" throughout. The Commission, by contrast, had copies of
       the original, unredacted complaints and knew the identity of each of
       the complainants in the NAL proceeding. Thus, Beasley had no motive to
       make misrepresentations to persuade the Commission that the
       Complainant alone was responsible for the September 9 and 10, 2003
       complaints about the "Scott Ferrall Show." For all of these reasons,
       we find no basis on which to conclude that Beasley made
       misrepresentations to the Commission.

   12. In addition, we find no basis on which to conclude that Beasley and
       its counsel acted impermissibly by raising the issue of the
       Complainant's credibility in the NAL proceeding. The NAL found that
       Beasley had broadcast indecent programming on September 10, 2003 based
       upon an excerpt from that broadcast submitted by the Complainant. The
       Complainant provided the excerpt based upon material that he claims
       was aired during the broadcast. This was consistent with the
       Commission's policy to accept indecency complaints based upon the
       complainant's submission of a significant excerpt of the broadcast. No
       recording or transcript of the broadcast was submitted with the
       complaint, and Beasley did not have a recording of the broadcast.
       Under these circumstances, Beasley presented arguments in response to
       the NAL that the Complainant's conduct in other proceedings
       demonstrates that he is not credible. Contrary to the Complainant's
       assertions, Beasley's arguments are not impermissible and do not
       constitute abusive conduct calculated to intimidate him. Moreover, the
       Complainant's assertion that Beasley's NAL response contains only
       attacks against him and no other substantive arguments is incorrect.

   13. The Complainant also states that Mr. Ferrall threatened to have him
       beaten during a broadcast on Station WQAM(AM) on October 2, 2003. The
       Complainant did not file a contemporaneous complaint about this
       threat. After we sent our letter of inquiry to the Complainant in this
       proceeding, however, he alleged for the first time that during the
       October 2, 2003 broadcast on WQAM(AM), Mr. Ferrall made additional
       threats that were directed at him. First, the Complainant alleges that
       Mr. Ferrall used the phrase "homo nation" and then said "How'd you
       like that one, Jack?" This comment, however, does not constitute a
       threat, and even if it did, the Complainant presents no evidence to
       demonstrate that the substance of this comment was directed to him or
       that it relates to indecency complaints that he filed with the
       Commission. The Complainant claims that during this same broadcast,
       Mr. Ferrall also said "I'm stuffing my package down your throat," "if
       that guy came to my gig at Gate G we could have one of my listeners
       kill him." The excerpts provided by the Complainant, however, do not
       mention him by name and the Complainant does not submit any
       corroborating evidence that these threats were actually broadcast or
       directed at him. Thus, there is insufficient evidence to support a
       finding either that Mr. Ferrall made these threats or that they were
       directed toward Complainant in retaliation for filing indecency
       complaints.

   14. Allegations that Beasley's Counsel Has Filed Retaliatory Lawsuits
       Against the Complainant. The Complainant alleges that Beasley's local
       counsel, Norman Kent, has filed civil lawsuits against him at the
       direction of Beasley as a consequence of his indecency complaints.
       Specifically, the Complainant states that Mr. Kent sent him a letter,
       dated August 24, 2004, threatening to initiate complaints to the
       Florida Bar and lawsuits as a consequence of the Complainant's
       complaints to the Commission about broadcasts of the "Howard Stern
       Show." The record includes a copy of the letter that the Complainant
       received from Mr. Kent, on behalf of Beasley, which also concerns the
       Complainant's allegations, made in the Complainant's written
       communications to the Department of Justice and others, that Beasley
       and its General Counsel are engaged in criminal activity and are
       facilitating a criminal enterprise based upon the broadcast of the
       "Howard Stern Show" over Station WQAM(AM). Although Mr. Kent's letter
       states that such untruthful allegations of criminal conduct may result
       in a libel or slander suit, it also specifically states that this
       matter is separate and distinct from any complaints about Station
       WQAM(AM)'s programming and that Beasley respects the Complainant's
       right to file such complaints. The Complainant has submitted the
       complaint and amended complaint in the lawsuit that Mr. Kent, in his
       individual capacity, subsequently filed in November 2004, but these
       documents do not substantiate his claim that Mr. Kent's lawsuit was
       filed at the direction of Beasley in order to harass and intimidate
       him. Among other things, the complaint in Mr. Kent's lawsuit alleges
       that in widely disseminated written communications, the Complainant
       characterized him as a "license-suspended drug and porn lawyer;" a
       "drug lawyer who has been suspended from the practice of law," when in
       fact, Mr. Kent was apparently at the time a member of the Florida Bar
       in good standing; and accused Mr. Kent of other criminal misconduct,
       including extortion and tax evasion.

   15. The Complainant also alleges that Beasley and Kent made material
       misrepresentations by stating that Beasley did not know about the
       November 2004 lawsuit until after it was filed and that Beasley
       impermissibly removed information concerning its prior knowledge of
       this lawsuit from the public inspection file for Station WQAM(AM). The
       Complainant alleges that he found in Station WQAM(AM)'s public file
       ineffectively redacted e-mail correspondence sent between Mr. Kent and
       Beasley's in-house counsel prior to the lawsuit's filing that apprised
       Beasley of Mr. Kent's decision to file a defamation suit against the
       Complainant. However, Mr. Kent's representations concerning whether or
       not Beasley knew of this lawsuit were made to the Complainant and his
       counsel and not to the Commission. Moreover, Mr. Kent claims that this
       was only an "informal e-mail" advising Beasley that he was
       contemplating the litigation, in order to inform Beasley that if he
       initiated the suit, it could generate a conflict that might affect his
       ability to represent Beasley. This e-mail was a redacted, privileged
       communication not required to be placed in WQAM(AM)'s public
       inspection file but apparently was placed there by mistake. Under
       these circumstances, there is no merit to the Complainant's argument
       that it was improperly removed from the public file. Although Section
       73.3526(e)(10) of the Commission's rules requires retention of
       documents having a substantial bearing on a Commission investigation
       or complaint, this rule provision is not applicable to the e-mail
       correspondence between Beasley and Mr. Kent. As discussed above, the
       record does not substantiate the Complainant's allegations that Mr.
       Kent's lawsuit was filed at the direction of Beasley in order to
       threaten or intimidate him. Under these circumstances, the e-mail
       communication about Mr. Kent's lawsuit, filed on his own behalf, is
       not a document having a substantial bearing on the complaint or the
       investigation at issue here.

   16. Thus, even if it is true that Beasley was aware of Mr. Kent's
       intention to sue the Complainant in November 2004, prior to the filing
       of the lawsuit, the record as a whole does not support a finding that
       Beasley acted improperly with regard to matters raised in Mr. Kent's
       August 24, 2004 correspondence or with regard to the November 2004
       lawsuit that Mr. Kent filed against the Complainant. Therefore, there
       is insufficient evidence that this lawsuit was conducted by or on
       behalf of Beasley to dissuade Complainant to continue involvement in
       the complaint proceedings.

   17. The Complainant also alleges that Mr. Kent has filed another lawsuit,
       and "is suing me, in his Beasley-related lawsuit for suggesting he
       consumes drugs illegally" and that this lawsuit seeks money damages
       against him for letters that he sent to the Florida Bar to defend
       himself against bar complaints filed by Beasley. This lawsuit was
       apparently filed sometime between February and May, 2006, and although
       the Complainant claims that the complaint in this lawsuit links it to
       Beasley, there is no evidence in the record to substantiate this claim
       or the Complainant's assertion that it is "a proxy harassment device
       for Beasley." In this regard, the fact that the complaint in this 2006
       lawsuit may include one or more of the Complainant's communications to
       the Commission, without more, is insufficient to demonstrate improper
       or abusive conduct against the Complainant.

   18. In fact, there is no evidence that Beasley has pursued any defamation
       action or other lawsuit against the Complainant. In addition, the
       record does not include documentation to substantiate the
       Complainant's allegations that the lawsuits, filed by Mr. Kent in his
       individual capacity, were brought on behalf of, or at the direction
       of, Beasley. Indeed, the Complainant's response to our letter of
       inquiry specifically requested that the Commission withhold a decision
       on his allegations at least until discovery had been concluded in
       Kent's first lawsuit, in "anticipation of [evidence] finding that
       "Beasley was in on the intimidation up to its eyeballs." The
       Complainant made additional filings with similar requests that action
       be withheld in anticipation that he would make filings to substantiate
       his claims. The Complainant has never submitted any evidence
       sufficient to substantiate his claims. On the other hand, the record
       contains Mr. Kent's statements that these civil suits were filed in
       his individual capacity and not on behalf of or at the direction of
       Beasley.

   19. Allegations that Beasley and its Counsel Have Improperly Filed
       Complaints Against The Complainant with the Florida Bar.  The
       Complainant alleges that Mr. Kent and attorneys at the law firm Tew
       Cardenas, LLP ("Tew Cardenas"), who also represent Beasley, have filed
       complaints against him with the Florida Bar on behalf of Beasley as
       part of a pattern of harassment and intimidation. The Complainant,
       however, has failed to provide the requisite evidence or documentation
       to support these allegations.

   20. The Complainant alleges that Mr. Kent filed bar complaints on behalf
       of Beasley in an effort to persuade him to drop his complaints to the
       Commission. The Complainant submitted a copy of one of the bar
       complaints with his response to our letter of inquiry. This bar
       complaint specifically states that it is not related to the
       Complainant's pending indecency complaints, and acknowledges that the
       Complainant has the right to protest WQAM(AM)'s programming by
       communicating with the Commission about Station WQAM(AM)'s programming
       and states that Beasley is not in any way asking, seeking or
       attempting to inhibit the Complainant's rights to file complaints with
       the Commission. Rather, the bar complaint states that it was submitted
       as a result of the Complainant's dissemination of allegedly false and
       misleading information and misrepresentations that Beasley is involved
       in criminal activity, including extortion and racketeering, and that
       its General Counsel is facilitating a criminal enterprise, which are
       alleged violations of the Florida Bar's Rules of Professional Conduct.
       In addition, this bar complaint alleges that the Complainant's direct
       contact with Beasley officers and directors was improper and violated
       the Florida Rules of Professional Conduct with respect to
       communication with individuals represented by counsel. The Complainant
       also alleges that Mr. Kent has filed other retaliatory complaints
       against him with the Florida Bar, but has not submitted sufficient
       details concerning these complaints or evidence to corroborate his
       allegation that these complaints were filed as a consequence of the
       pending indecency complaints that he has filed against Beasley.

   21. In addition, the Complainant alleges that attorneys at Tew Cardenas
       have filed complaints with the Florida Bar, including a complaint that
       he improperly disclosed the contents of the redacted document that he
       found in the WQAM(AM) public file and a complaint that he has falsely
       stated that Beasley is connected to the porn industry. In support of
       his assertion that these bar complaints were improperly brought
       against him, the Complainant submits an affidavit executed by a
       Beasley principal affirming that there is true, correct and complete
       information in bar complaints filed by Mr. Kent and Tew Cardenas.  In
       addition, the Complainant has submitted a letter sent to the Florida
       Bar by Tew Cardenas stating that the affidavit relates to bar
       complaints filed on behalf of Beasley. The Complainant argues that
       this documentation is sufficient to demonstrate that the bar
       complaints were filed on behalf of Beasley and constitute
       impermissible harassment. The Complainant further asserts that Beasley
       and its counsel committed perjury by submitting affidavits to the
       Florida Bar that the Complainant had lied by suggesting that there is
       a link between Beasley and the porn industry. The fact that bar
       complaints were filed on behalf of Beasley is not sufficient to
       demonstrate any impermissible conduct by Beasley or its counsel.
       Moreover, there is no evidence to suggest that Beasley or its
       counsel's comments to the Florida Bar concerning the Complainant's
       characterization of Beasley constituted perjury. The record as a whole
       does not demonstrate that Beasley has filed bar complaints improperly
       in order to harass and intimidate the Complainant and thus dissuade
       him from filing indecency complaints with the Commission.

   22. The Complainant asserts in a filing submitted on January 22, 2007,
       that he has received "written assurance from The Florida Bar that ALL
       of Kent's Bar complaints are going to be dismissed" and that the bar's
       outside investigator has found no basis for the Tew Cardenas bar
       complaints, which have been dismissed. The Complainant also argues
       that the dismissal of the bar complaint concerning his statements that
       Beasley is linked to the porn industry is probative of an improper
       motive on Beasley's part to harass and intimidate him.

   23. Beasley, however, has submitted the Florida Bar's Complaint that was
       filed against the Complainant in the Florida Supreme Court on January
       18, 2007. Beasley further argues that on the same day that Complainant
       made representations to the Commission concerning the dismissal of the
       bar complaints filed by Beasley and its counsel, he also filed suit
       against the Florida Bar and would not have done so if the bar
       complaints had been dismissed. Under these circumstances, Beasley
       argues that the Complainant made deliberate misrepresentations to the
       Commission concerning the status of the Florida disciplinary
       proceedings against him.

   24. The Florida Bar Complaint as filed on January 18, 2007, included
       counts relating to bar complaints in which the Complainant alleges
       that Beasley and its counsel have committed perjury and which relate
       to the Complainant's statements that Beasley has engaged in criminal
       conduct and has links to the porn industry. Consequently, contrary to
       the Complainant's representations otherwise, it appears that the
       Complainant initially misstated that the complaints filed by Beasley
       and its counsel had been dismissed, and in fact, the Complainant's
       subsequent filings appear to acknowledge that these complaints had not
       been dismissed at the time he represented that they had been.
       Nevertheless, it appears that subsequent to the Complainant's January
       22, 2007 filing, one of the bar complaints was voluntarily dismissed.
       The Complainant states that on February 20, 2007, he received a letter
       from the Florida Bar indicating that a "voluntary dismissal with
       prejudice" of Mr. Kent's complaint had been filed in the disciplinary
       proceeding against him. In addition, Mr. Kent has provided the
       Commission with a copy of a letter that he sent to the Florida Bar on
       February 12, 2007, authorizing the Bar to delete from the Florida Bar
       Complaint matters related to complaints that he had filed on his own
       behalf. The Complainant has not submitted documentation concerning the
       dismissal of this complaint to support his assertion that this
       dismissal constitutes a finding by the Florida Bar that this bar
       complaint was without merit. In any event, the Florida Bar Complaint
       includes an additional count related to the bar complaints filed by
       Tew Cardenas on behalf of Beasley and there is no indication that
       these have been dismissed. Moreover, the record as a whole does not
       support a finding that the bar complaints filed by Beasley or its
       counsel constitute unnecessary or abusive conduct calculated to
       dissuade the Complainant from pursuing indecency complaints against
       Station WQAM(AM). Finally, although we are concerned that the
       Complainant may have made inaccurate statements concerning the status
       of the bar complaints in his January 22, 2007 filing, we find that
       there is insufficient evidence in the record, in light of the timing
       of the filing of the Florida Bar Complaint, on January 18, 2007, to
       find that the Complainant deliberately misled the Commission.

   25. The Complainant's Other Allegations Concerning Threats, Including
       Threats of Physical Violence.  The Complainant also alleges that in
       addition to the threats against him by Scott Ferrall discussed above,
       threats against him have been made by other Station WQAM(AM) on-air
       program hosts and others against both him and one of his clients and
       that Beasley is responsible for, orchestrated and encouraged such
       threats. There is no credible evidence to corroborate these
       allegations.

   26. Excerpts submitted by the Complainant with respect to other alleged
       threats made by Station WQAM(AM) on-air host Hank Goldberg do not
       mention him by name and the Complainant has not submitted
       corroborating evidence that they were actually broadcast. Moreover,
       even assuming that these excerpts provide an accurate account of
       statements actually made by Mr. Goldberg, there is no evidence that
       these comments were uttered because the Complainant had filed
       indecency complaints against the station. The Complainant himself
       states that the remarks were made after he reported Mr. Goldberg to
       the Internal Revenue Service for alleged tax evasion. These alleged
       remarks, even if they were broadcast, appear to have been "off the
       cuff" comments more appropriately characterized as a display of bad
       temper rather than a calculated effort to harass or intimidate.

   27. The Complainant also claims that "Joey Boots," a "regular on the
       "Howard Stern Show" left a message on his answering machine expressing
       the wish that his "entire family die of cancer." There is no
       documentation in the record to substantiate that this threat was made,
       and utterly no support for a finding that the alleged threat was made
       at the behest of Beasley or its counsel. Indeed, the Complainant does
       not specifically claim that Beasley or its counsel were responsible
       for this threat,

   28. The Complainant further alleges that on March 11, 2005, Station
       WQAM(AM) on-air host Neil Rogers violated a "December 2003 Agreement"
       between Rogers and the Complainant that Rogers would not "refer to him
       on the air, given his long history of targeting me for harm on his
       show." Beasley is not a party to the 2003 Agreement, and although the
       Complainant submitted a copy of that agreement, he did not submit any
       evidence that it had been approved by a court. The record also
       contains the Complainant's statements disavowing the 2003 Agreement
       because it never received judicial approval. In any event, it is
       impossible to determine from the Complainant's submissions the exact
       nature of Mr. Rogers' on-air comments because the record does not
       include an excerpt or summary of the broadcast, and thus whether they
       were threats of reprisal or other unnecessary and abusive conduct. The
       comments appear to have been made after the Complainant's appearance
       on "60 Minutes" and may have included the comment "[a] nemesis of my
       lawyer (referring to Mr. Kent) was on national television last night"
       without mentioning the Complainant by name. The Complainant contends
       that he and his attorney warned Beasley and its counsel, in writing,
       that Rogers "was building to a meltdown on the air in which he was
       apparently going to go after me," and that Beasley's failure to
       prevent Rogers from violating the December 2003 Agreement was
       calculated to generate even more harassment of him. The Complainant's
       own submissions, however, suggest that Beasley may have deleted any
       on-air references that Rogers made about him. In any event, the record
       does not support a finding that the comments were related to indecency
       complaints. Thus, there is insufficient evidence in the record on
       which to conclude that Rogers' comments were threats or that Beasley
       acted improperly.

   29. The Complainant nevertheless alleges that Mr. Kent has brought an
       action against him in a Florida court, seeking to have him jailed on
       contempt charges for violating the agreement between him and Mr.
       Rogers. The record indicates that Mr. Rogers sought to enforce a 1989
       settlement agreement among himself, the Complainant and other parties
       unrelated to Beasley. The Complainant concedes that the 1989
       settlement agreement has nothing to do with Beasley or Station
       WQAM(AM), but nevertheless argues that the contempt action constitutes
       harassment and intimidation because "Beasley's designated hitter [is]
       trying to have me thrown in jail for violating an agreement which I
       did not violate and which excludes [a contempt] remedy even if I did!"

   30. The 1989 settlement agreement apparently resolved civil lawsuits
       between the Complainant and Mr. Rogers and between the Complainant and
       another individual that arose during a time when Mr. Rogers was the
       on-air host for another station, and not WQAM(AM). Beasley was not a
       party to the 1989 agreement, and it is specific to another Commission
       licensee and its radio stations. The Complainant apparently received
       consideration for agreeing to settle the matter, and the settlement
       included, among other things, the Complainant's agreement not to file
       complaints, including indecency complaints, against the licensee that
       was a party to the 1989 settlement agreement. Thus, although the
       Complainant suggests that the purpose of the 1989 settlement agreement
       is to stop him from filing indecency complaints with the Commission
       regarding Neil Rogers, the 1989 settlement agreement does not involve
       Beasley or its stations and does not appear to prohibit the
       Complainant from filing indecency or other complaints against Beasley
       or any of its stations. It is not clear from the record whether
       Beasley knew about Mr. Rogers's action to enforce the 1989 settlement
       agreement before it was filed and there is no evidence that Beasley
       had any involvement in Rogers's suit to enforce it.

   31. We note that the Complainant states that he has filed an action in
       federal court for a declaratory judgment that the 1989 settlement
       agreement is void and contrary to public policy. The Complainant
       apparently voluntarily entered into the 1989 settlement agreement and
       received consideration for doing so, but now apparently seeks to have
       the agreement set aside because it would prevent him from petitioning
       the government for redress of his grievances. Although we generally
       would have concerns about a private contractual agreement which
       includes terms prohibiting the filing of complaints about matters
       within the Commission's regulatory jurisdiction, we need not reach
       this issue here because Beasley was not a party to the 1989 settlement
       agreement and is not bound by it. Moreover, we decline to find that
       Tew Cardenas' participation in the Complainant's federal declaratory
       judgment action by entering an appearance or attending hearings in
       that matter demonstrates any improper action to intimidate or harass
       the Complainant. Mr. Rogers is now an on-air personality for Beasley's
       Station WQAM(AM), and Beasley would appear to have a legitimate
       interest in litigation that involves Mr. Rogers. The participation of
       Beasley's counsel in this matter, standing alone, does not amount to
       credible evidence substantiating the Complainant's allegations of
       misconduct. Based upon the record as a whole, there is insufficient
       evidence to support a finding that Beasley or its counsel engaged in
       intimidation or abuse based on Mr. Rogers' on-air comments or the
       action to enforce the 1989 settlement agreement.

   32. The Complainant also alleges that Beasley and its counsel are now
       harassing one of his clients, who is a former employee of Tew
       Cardenas. Specifically, the Complainant states that this former
       employee was wrongfully fired and that an attorney at Tew Cardenas has
       harassed her as a result of her decision to engage the Complainant as
       counsel in her wrongful termination action, citing his involvement in
       the Beasley matters. In addition, the Complainant has submitted his
       client's statement, including a declaration under penalty of perjury,
       that "Tew Cardenas is harassing [her] to retaliate against [the
       Complainant] to directly serve the interest of Beasley Broadcast Group
       as it deals with its FCC-related problems." The client further states
       that she has learned that Tew Cardenas claims that the Complainant is
       representing her to pursue a vendetta against the firm and disavows
       this claim. In addition, the client states that "Tew Cardenas and
       Beasley are together pursuing their own vendetta against [the
       Complainant] because of his efforts to stop the illegal airing of
       indecent material on Beasley's WQAM-AM."

   33. We find that the Complainant's allegations and the submission of his
       client's declaration are insufficient to demonstrate any improper
       conduct on the part of Beasley or its counsel with respect to matters
       within the Commission's regulatory jurisdiction. The Complainant's
       client appears to be pursuing a wrongful termination action against
       Tew Cardenas and this matter is completely unrelated to Beasley or
       indecency complaints filed against it. The client does not provide any
       basis for her assertion that Tew Cardenas is threatening her in an
       effort to dissuade the Complainant's continued participation in these
       complaint proceedings.

   34. Conclusion. As set forth above, we find that the Complainant has
       failed to present evidence sufficient to demonstrate that Beasley has
       engaged in intimidation or abuse. The Complainant's allegations are
       therefore without merit.

   IV. ORDERING CLAUSES

   35. ACCORDINGLY, IT IS ORDERED, pursuant to authority delegated in Section
       0.311 of the Commission's rules, that the Formal Complaint against The
       Beasley Broadcast Group, Inc. filed by John B. Thompson,
       EB-04-IH-0661, IS HEREBY DENIED.

   36. IT IS FURTHER ORDERED, that a copy of this Memorandum Opinion and
       Order shall be sent by Certified Mail to John B. Thompson, Esquire and
       to The Beasley Broadcast Group, Inc., with a courtesy copy by regular
       mail to its counsel, Steven A. Lerman, Esquire, Dennis P. Corbett,
       Esquire, and Philip G. Bonomo, Esquire, Leventhal Senter & Lerman
       PLLC, 2000 K Street, N.W., Suite 600, Washington, D.C. 20006-1809, and
       to Norman Elliot Kent, Esquire, Law Offices of Kent and Cormican,
       P.A., 800 East Broward Boulevard, Fort Lauderdale, Florida 33301.

   FEDERAL COMMUNICATIONS COMMISSION

   Kris Anne Monteith

   Chief, Enforcement Bureau

   See Letter from John B. Thompson, Attorney at Law, to Michael K. Powell,
   Chairman, Federal Communications Commission, dated November 27, 2004
   ("Complaint").

   See 18 U.S.C. S 1464, 47 C.F.R. S 73.3999. We have not addressed the
   Complainant's indecency complaints here, but will consider them
   separately.

   Complaint at 6-7.

   See Letter from John B. Thompson, Attorney at Law, to Michael K. Powell,
   Chairman, Federal Communications Commission, dated December 14, 2004.

   See Letter from William D. Freedman, Deputy Chief, Investigations and
   Hearings Division, Enforcement Bureau, to John B. Thompson, Esquire, dated
   December 15, 2004 ("Thompson LOI").

   See Letter from John B. Thompson, Attorney at Law, to William D. Freedman,
   Deputy Chief, Investigations and Hearings Division, Enforcement Bureau,
   Federal Communications Commission, dated January 5, 2005 (Revised
   Subsequent Version) ("Thompson Response").

   The Addenda filed are: Letters from John B. Thompson, Attorney at Law, to
   William D. Freedman, Deputy Chief, Investigations and Hearings Division,
   Enforcement Bureau, dated January 6, 7, 10, 11, 12, 13, 20 and 30, 2005.
   Letters from John B. Thompson, Attorney at Law to Michael K. Powell,
   Chairman, Federal Communications Commission, dated January 10, February 7,
   8, and 19, 2005; Letters from John B. Thompson, Attorney at Law, to
   Commissioners Kathleen Q. Abernathy, Michael J. Copps, Kevin J. Martin and
   Jonathan S. Adelstein, dated March 11, 15, 18, 23, and 30, 2005; Letters
   from John B. Thompson, Attorney at Law, to Chairman Kevin J. Martin, dated
   April 27, July 13, and 20, 2005. There were two Addenda pleadings filed
   January 10, 2005, one at 4:13 p.m. and one at 6:48 p.m.

   See Letter from John B. Thompson, Attorney at Law, to Chairman Kevin J.
   Martin, Federal Communications Commission, dated January 22, 2007
   ("Thompson Supplement to LOI Response").

   See Letter from John B. Thompson, Attorney at Law, to Kevin J. Martin,
   Chairman, Federal Communications Commission, dated February 1, 2007 (Re:
   Addendum to Sworn  Statement As to Ongoing, Illegal Harassment of Jack
   Thompson by Beasley and Its Lawyers).

   Nor have we received a signed declaration under penalty of perjury that
   the Complainant references in a letter filed with the Commission on
   February 5, 2007. Letter from John B. Thompson, Attorney at Law, to Kevin
   J. Martin, Chairman, Federal Communications Commission, dated February 5,
   2007 (Re: Sworn Response to Beasley Attorney Norm Kent's February 2, 2007
   Letter to the Commission Regarding the Ongoing, Illegal Harassment of Jack
   Thompson and Its Lawyers). This letter was submitted via E-mail and does
   not indicate that the original was being submitted via U.S. mail.

   See Letter from Steven A. Lerman, Esquire, Dennis P. Corbett, Esquire and
   David S. Keir, Esquire, Counsel for The Beasley Broadcast Group, Inc., to
   Melanie A. Godschall, Investigations and Hearings Division, Enforcement
   Bureau, dated January 28, 2005 ("Reply to Thompson Complaint").

   See Letter from Steven A. Lerman, Esquire, Dennis P. Corbett, Esquire, and
   David S. Keir, Esquire, Counsel for The Beasley Broadcast Group, Inc., to
   Melanie A. Godschall, Investigations and Hearings Division, Enforcement
   Bureau, dated March 11, 2005 ("Supplemental Reply to Thompson Complaint
   ").

   See Letter from Steven A. Lerman, Esquire, Dennis P. Corbett, Esquire, and
   David S. Keir, Esquire, Counsel for The Beasley Broadcast Group, Inc., to
   Melanie A. Godschall, Investigations and Hearings Division, Enforcement
   Bureau, dated December 16, 2005 ("Second Supplemental Reply to Thompson
   Complaint ").

   See Letter from Steven A. Lerman, Esquire, Dennis P. Corbett, Esquire, and
   David S. Keir, Esquire, Counsel for The Beasley Broadcast Group, Inc., to
   Melanie A. Godschall, Investigations and Hearings Division, Enforcement
   Bureau, dated April 14, 2006 ("Third Supplemental Reply to Thompson
   Complaint ").

   See Letter from Steven A. Lerman, Esquire, Dennis P. Corbett, Esquire, and
   David S. Keir, Esquire, Counsel for The Beasley Broadcast Group, Inc., to
   Melanie Godschall, Investigations and Hearings Division, Enforcement
   Bureau, dated February 12, 2007 ("Further Reply").

   See Supplemental Reply to Thompson Complaint.

   We defer action on Beasley's abuse of process complaint.

   See Further Reply at 4-6 and Attachment 3.

   See Clear Channel Broadcasting Licenses, Inc., Notice of Apparent
   Liability, 19 FCC Rcd 1768, 1777, P15 (2004) (forfeiture paid).

   Id.

   See Letter from John B. Thompson, Attorney at Law, to Kevin J. Martin,
   Chairman, Federal Communications Commission, dated July 26, 2006.

   See, e.g., "Immediate News Release 4/6/05 - Howard Stern to Face Criminal
   Prosecution?" ("Miami attorney Jack Thompson, who knocked Howard Stern off
   all Clear Channel radio stations in February 2004 and also secured
   $500,000 in FCC fines against the Stern show, has been calling upon the
   FCC for a year to refer all findings of indecency to the Justice
   Department for criminal prosecution. It appears that Howard Stern himself
   now knows that that is a possibility. Thompson intends to bring a writ of
   mandamus action to compel such criminal referrals to Justice if they are
   not forthcoming. One set of potential criminal defendants would be
   corporate officials at Beasley Broadcast Group, Inc. of Naples, Florida,
   for its continued airing of Stern despite FCC decency fines in 2000 and
   numerous pending investigations."); "Immediate News Release 6/03/05 - GOP
   Bush Insider Caught in Web of Porn and Perjury (referring to "GOP donor
   Beasley Broadcast Group" and its counsel Tew Cardenas).

   See Letter from John B. Thompson, Esquire, to Al Lawn, Legal Counsel, Talk
   America, dated September 21, 2004 Re: Criminal Activity by Beasley
   Broadcasting ("Beasley Broadcasting is indeed engaged in certain criminal
   activity. They are violating 18 U.S.C. 1464"), copied via E-mail to
   William D. Freedman, Deputy Chief, Investigations and Hearings Division,
   Enforcement Bureau, December 14, 2004.

   See, e.g., E-mail from Jack Thompson, Esquire to Kevin Martin, Chairman,
   Federal Communications Commission, dated May 5, 2005, subject "This is how
   you stop a criminal enterprise at a radio station." Letter from John B.
   Thompson, Esquire, to The Honorable Jeb Bush, Governor, State of Florida,
   dated May 4, 2005 (characterizing Beasley as a "criminal enterprise that
   has distributed pornography to children in multiple counties in Florida),
   copied via E-mail to Kevin Martin, Chairman, Federal Communications
   Commission, May 4, 2005.

   See, e.g., Letter from John B. Thompson, Esquire, to The Honorable Jeb
   Bush, dated March 24, 2005 ("There is plenty of evidence to prove the
   distribution of pornography by [Beasley] to children and [its law firm's]
   facilitation of that criminal activity"), copied via E-mail to Michael
   Copps, Commissioner, Federal Communications Commission, March 24, 2005;
   Letter from John B. Thompson, Esquire, to The Honorable Jeb Bush, dated
   March 31, 2005 ("Attached hereto is my letter of March 24, 2005 asking
   that you direct the Statewide Prosecutor to investigate the multi-county
   criminal activity of Beasley Broadcast Group, Inc. of Naples, Florida.
   This criminal activity includes the distribution of indecent material to
   minors and extortion of those opposed to it."); Letter from John B.
   Thompson, Esquire, to The Honorable Don Hunter, Collier County Sheriff,
   re: Criminal Activity in Collier County by Naples, Florida Corporation
   Beasley Broadcast Group, Inc. and its Corporate Officers and Directors,
   copied via E-mail to Commissioners Kevin Martin, Michael Copps, Kathleen
   Abernathy and Jonathan Adelstein, September 8, 2005 ("[I]t is my legal
   opinion that Beasley has been engaged and is still engaged, in violation
   of state criminal laws, specifically but not exhaustively in racketeering,
   extortion, assault, distributing sexual material to minors, obstruction of
   justice and perjury."). See also, nn. 23 and 24, supra.

   Policy Regarding Character Qualifications in Broadcast Licensing, Report,
   Order and Policy Statement, 102 FCC 2d 1179, 1196-98 P 37 (1986), recon.
   denied, 1 FCC Rcd 421 (1986), appeal dismissed sub nom. National
   Association for Better Broadcasting v. FCC, No. 86-1179 (D.C. Cir. Jun.
   11, 1987) ("Character Policy Statement"). See also Policy Regarding
   Character Qualifications in Broadcast Licensing, Amendment of Part 1, the
   Rules of Practice and Procedure, Relating to Written Responses to
   Commission Inquiries and the Making of Misrepresentation to the Commission
   by Applicants, Permittees, and Licensees, and the Reporting of Information
   Regarding Character Qualifications, Policy Statement and Order, 5 FCC Rcd
   3252, P 5 (1990), recon. on other grounds, 6 FCC Rcd 3448 (1991), modified
   on other grounds, 7 FCC Rcd 6564 (1992) ("1990 Modifications of Character
   Policy Statement").

   The complaint includes allegations that Mr. Ferrall stated that he would
   "stuff his package into the caller's wife's mouth," that he would "do her
   daily," and get his girlfriend to do her. In addition, the complaint
   stated that Mr. Ferrall said he would assault the caller's wife and kill
   his children. See Complaint filed against Station WQAM(AM), September 9,
   2003. As the Complainant acknowledges, he did not file this complaint.

   Letter from John B. Thompson, Attorney at Law, to Maureen Del Luca, Chief,
   Investigations & Hearings Division, Federal Communications Commission,
   dated September 15, 2003.

   See Letter from John B. Thompson, Attorney at Law, to The Honorable Marcos
   D. Jimenez, United States Attorney, Southern District of Florida, dated
   November 25, 2004, at 2, and copied on the Commission.

   See Thompson Response at 3-4; Thompson Supplement to LOI Response at 4.

   See, e.g., Letter from John B. Thompson, Attorney at Law, to Mr. Bruce
   Taylor, Senior Counsel, Criminal Division, United States Department of
   Justice, dated May 11, 2005 at 2, copied via E-mail to Kevin J. Martin,
   Chairman, Federal Communications Commission, May 11, 2005; Letter from
   John B. Thompson, Attorney at Law, to The Chief Justice and Justices of
   the Supreme Court of Florida, The President, Florida Bar, All Governors of
   the Florida Bar, dated June 2, 2005 at 2, copied via E-mail to Kevin J.
   Martin, Chairman, Federal Communications Commission, June 2, 2005; Letter
   from John B. Thompson, Attorney at Law to George Beasley and Caroline
   Beasley, Beasley Broadcast Group, dated August 10, 2006, copied via E-mail
   to Kevin J. Martin, Chairman, Federal Communications Commission, August
   10, 2006.

   See WQAM License Limited Partnership, Notice of Apparent Liability for
   Forfeiture, 19 FCC Rcd 22997, 23001 P9 (2004) (response pending).

   See Thompson Supplement to LOI Response at 5-6.

   See id. at 6.

   See Letter from John B. Thompson, Attorney at Law, to Michael K. Powell,
   Chairman, Federal Communications Commission, dated November 24, 2004 ("I
   appreciate more than you may know the Commission's proposed fines,
   reported yesterday against Beasley Broadcasting for the airing of indecent
   material on its WQAM-AM. As you know, I was the complainant."); Complaint
   at 3 ("Of all the citizen complaints filed with the FCC, only mine
   resulted last week in a Forfeiture Order.").

   See Response to Notice of Apparent Liability for Forfeiture, filed by
   Steven A. Lerman, Esquire, Dennis P. Corbett, Esquire, and David S. Keir,
   Esquire, counsel for Beasley Broadcast Group, Inc., dated January 10, 2005
   ("NAL Response") at 2, n.3.

   In fact, even after Beasley had filed its response to the WQAM NAL, the
   Complainant continued to assert that he filed both complaints at issue in
   the WQAM NAL. E-mail to Michael Powell, Chairman, Federal Communications
   Commission, dated January 14, 2005 at 6:50 a.m., attaching a letter to The
   Honorable Conrad Burns, Chairman, Subcommittee on Communications, Senate
   Commerce Committee, dated January 14, 2005, at 2 ("I was the FCC
   complainant in those two actions as well.").

   See Thompson Supplement to LOI Response at 6, 16-17. See NAL Response at
   15-69.

   See Thompson Response at 3-4.

   Id. at 3, referencing an October 2, 2003 broadcast.

   Id. at 3-4. Other comments that the Complainant alleges were made by Mr.
   Ferrall during this broadcast, namely, "I told him that his wife was a
   f--ing whore," calling him a "tea-totaling fag," and a "house whore" do
   not constitute threats. Again, these excerpts do not suggest that Mr.
   Ferrall mentioned the Complainant by name.

   See Clear Channel Broadcasting Licenses, Inc., 19 FCC Rcd at 1777 P 15.
   The Complainant also alleges that "there is more that Beasley did to me
   because of the Ferrall episode, such as the on-air statement by his board
   operator that they sent me pornography to my e-mail address which in fact
   I got instantly and as another layer of harassment." See Thompson
   Supplement to LOI Response at 6. There is no documentation in the record
   to support this allegation, and even if there were there is nothing to
   suggest that Beasley was aware of or directed that this e-mail be sent or
   that it was in response to the Complainant's indecency filings.

   See Thompson Response at 4, Exhibit B; Thompson Supplement to LOI Response
   at 8.

   See Thompson Response, Exhibit B.

   See id.

   See Norman Elliot Kent v. John Bruce Thompson, Case No. 04-18643, Circuit
   Court of the 17^th Judicial Circuit, Broward County, Florida. See Thompson
   Response, Exhibits G and H, which contain incomplete copies of the
   complaint and amended complaint filed by Mr. Kent. The Complainant
   apparently has entered into an agreement with Mr. Kent settling this
   matter without admitting liability. See, e.g.,  Thompson Supplement to LOI
   Response, at 9; Letter from John B. Thompson, Attorney at Law, to Kevin J.
   Martin, Chairman, Federal Communications Commission, dated February 5,
   2007 at 2; Letter from Norman Elliot Kent, Esquire, to Melanie Godschall,
   Investigations and Hearings Division, Enforcement Bureau, Federal
   Communications Commission, dated June 14, 2006. The fact that Beasley's
   in-house counsel attended a meeting in which settlement of this lawsuit
   was discussed does not support the Complainant's assertion that Beasley
   acted improperly or directed the prosecution of this civil suit.

   See Norman Elliot Kent v. John Bruce Thompson, Case No. 04-18643, Circuit
   Court of the 17^th Judicial Circuit, Broward County, Florida.

   See Thompson Supplement to LOI Response  at 10-11. See also, Letter from
   John B. Thompson, Attorney at Law, to William D. Freedman, Deputy Chief,
   Investigations and Hearings Division, Enforcement Bureau, dated January
   20, 2005 (Intimidation Investigation: Beasley's Lawyer Caught in a Lie
   about a Material Fact). E-mail from Jack Thompson to Michael Powell,
   Chairman, Federal Communications Commission, dated February 7, 2005, 1:31
   p.m., Subject: More Evidence of Beasley's Ongoing Use of Mr. Kent to
   Intimidate a Citizen Complainant ("Mr. Kent then filed a $20 million
   lawsuit against me and wrote to me and my lawyer that `Beasley did not
   even know about the lawsuit until after it was filed.'"); Letter from John
   B. Thompson, Attorney at Law, to Kevin J. Martin, Chairman, Federal
   Communications Commission, dated September 20, 2006 (alleging that Beasley
   improperly removed and destroyed material required to be in WQAM(AM)'s
   public file), Letter from John B. Thompson, Attorney at Law, to Kevin J.
   Martin, Chairman, Federal Communications Commission, dated February 5,
   2007 at 2.

   See, e.g., Letter from John B. Thompson, Attorney at Law, to the Federal
   Communications Commission, the Florida Bar, The Securities and Exchange
   Commission, and others, including print and media outlets, including all
   major broadcast networks, dated January 25, 2006 (indicating that Mr. Kent
   sent an e-mail to the Complainant and his counsel stating that Beasley did
   not know about his lawsuit until after it was filed). In addition, Mr.
   Kent does not represent Beasley in this complaint proceeding. Even if he
   did, we also note that an attorney's misconduct will not result in a
   finding of licensee misconduct where there is no evidence to demonstrate
   that the licensee authorized its counsel to engage in the misconduct or
   otherwise approved the misconduct. See, e.g. Vodaphone AirTouch PLC,
   Memorandum Opinion and Order, 20 FCC Rcd 6439, 6446 n. 47 (2005).

   See Letter from Norman Elliot Kent to Melanie Godschall, Enforcement
   Bureau, Federal Communications Commission, dated February 1, 2005.

   See 47 C.F.R. S 73.3526.

   See Thompson Supplement to LOI Response at 10-11; See, e.g., Letter from
   John B. Thompson, Attorney at Law, to Kevin J. Martin, Chairman, Federal
   Communications Commission, dated September 20, 2006. The Complainant also
   alleges that removal of the privileged e-mail correspondence from the
   public file violates federal criminal obstruction of justice statutes.
   Thompson Supplement to LOI Response at 11.

   See 47 C.F.R. S 73.3526(e)(10). See, e.g., Letter from John B. Thompson,
   Attorney at Law, to Kevin J. Martin, Chairman, Federal Communications
   Commission, dated September 20, 2006.

   Thompson Supplement to LOI Response at 9. The record does not include the
   complaint in the 2006 lawsuit, although the Complainant suggests that the
   Commission should request a copy of the complaint from Mr. Kent. See
   Letter from John B. Thompson, Attorney at Law, to Kevin J. Martin,
   Chairman, Federal Communications Commission, dated February 5, 2007 at 3.

   See Letter from John B. Thompson, Attorney at Law, to Kevin J. Martin,
   Chairman, Federal Communications Commission, dated February 5, 2007 at 3.

   Thompson Supplement to LOI Response at 10. See also, id at 13-14.

   See id. at 14. See also Letter from John B. Thompson, Attorney at Law, to
   Kevin J. Martin, Chairman, Federal Communications Commission, dated
   February 5, 2007 at 3.

   See Thompson Response at 2, 9.

   See  E-mail from Jack Thompson to Michael Powell, Chairman, Federal
   Communications Commission, dated February 7, 2005, 1:31 p.m., Subject:
   More Evidence of Beasley's Ongoing Use of Mr. Kent to Intimidate a Citizen
   Complainant ("Please do not close this investigation of the ongoing
   orchestration of intimidation until we depose the various Beasley officers
   and directors. We intend to get to the bottom of this and to the bottom of
   Mr. Kent's bong."); Letter from John B. Thompson, Attorney at Law, to
   Chairman Michael K. Powell, dated February 28, 2005 (requesting that
   investigation of Beasley's intimidation be kept open until such time as
   depositions of Beasley officers and directors are taken). See also, Letter
   from John B. Thompson, Attorney at Law, to Lawrence A. Kellogg, Stuart I.
   Grossman, and Al Cardenas, Tew Cardenas, dated February 3, 2005
   (indicating that the officers and directors of Beasley had been served
   with subpoenas for depositions in Kent v. Thompson and stating if there
   are motions to quash the subpoenas he will sue Beasley and that either
   way, he will file additional information with the Commission, "which
   cannot plausibly conclude its investigation of Beasley's on-air and
   off-air threats against [him] [...] until [he] find[s] out what the board
   knew and when it knew it. If we find in Kent v. Thompson that the board
   was in on all this extortionate fun with both feet, then that is very bad
   news indeed for Beasley at the FCC.") copied via E-mail to Michael K.
   Powell, Chairman, Federal Communications Commission, February 3, 2005.

   See Letter from Norman Elliot Kent to Melanie Godschall, Enforcement
   Bureau, Federal Communications Commission, dated February 1, 2005; Letter
   from Norman Elliot Kent to Melanie Godschall, Enforcement Bureau, Federal
   Communications Commission, dated June 14, 2006; Letter from Norman Elliot
   Kent to Melanie Godschall, Investigations and Hearings Division,
   Enforcement Bureau, Federal Communications Commission, dated July 6, 2006.

   See Thompson Response at 5-6; Thompson Supplement to LOI Response at 8,
   11-13.

   See Thompson Response at 5; Thompson Supplement to LOI Response at 8.

   See Thompson Response, Exhibit C.

   See id. The bar complaint cites the following Florida Rules of
   Professional Conduct: 4-4.1 (Truthfulness In Statements to Others), and
   4-8.4 (Misconduct).

   See id. The bar complaint cites the following Florida Rule of Professional
   Conduct: 4-4.2 (Communication With Person Represented by Counsel).

   See Thompson Supplement to LOI response at 8.

   See Thompson Supplement to LOI Response at 11-12.

   See Letter from John B. Thompson, Attorney at Law, to Kevin J. Martin,
   Chairman, Federal Communications Commission, dated July 13, 2005
   (attaching the affidavit of Caroline Beasley, Vice President and Chief
   Financial Officer of Beasley Broadcast Group) filed with the Florida Bar
   on July 12, 2005.

   See Letter from John B. Thompson, Attorney at Law, to Kevin J. Martin,
   Chairman, Federal Communications Commission, dated July 20, 2005.

   See Thompson Supplement to LOI Response at 13. See also, Letter from John
   B. Thompson, Attorney at Law, to Kevin J. Martin, Chairman, Federal
   Communications Commission, dated December 15, 2006 at 2.

   Thompson Supplement to LOI Response at 8, 12-13. The Complainant however,
   also states with respect to the Tew Cardenas complaints that [a]ll that
   remains of them is the assertion that I overreacted to the filing of the
   Tew Cardenas/Beasley Bar complaints themselves by asserting that they were
   baseless." Id. at 13.

   See Further Reply at Attachment 3, The Florida Bar v. John Bruce Thompson,
   Case No. SC07-80, filed January 18, 2007. ("Florida Bar Complaint"). See
   also Letter from Norman Elliot Kent, Esquire, to Melanie Godschall,
   Enforcement Bureau, Federal Communications Commission, dated February 2,
   2007, attaching the Florida Bar Complaint. In accordance with the Florida
   Bar's disciplinary procedures, a grievance committee has found probable
   cause to believe that certain violations of the Florida rules regulating
   attorney conduct have occurred and that discipline appears to be
   warranted, and the Florida Bar has filed a complaint with the Supreme
   Court of Florida. See [1]http://www.floridabar.org/TFB/TFBConsumer.nsf,
   last visited on February 5, 2007. The Complaint, as originally filed,
   included two counts relating to complaints concerning the Complainant's
   conduct toward Beasley and its counsel. Florida Bar Complaint at 25-35,
   Counts IV and V.

   See Further Reply at 4-5 and Attachment 2, Jack Thompson v. The Florida
   Bar and The Alabama State Bar, Case No. 48-2007-CA-000728-0 (Circuit Court
   of the Ninth Judicial Circuit, Orange County, Florida) filed January 22,
   2007.

   See id. at 5.

   See Florida Bar Complaint at 27, Count V, referencing Florida Bar File No.
   2005-71,125 (11F), in which the Complainant alleges perjury on the part of
   Beasley and its counsel. See n.72 supra.

   In addition, the Complainant has filed a mandamus action against the
   Florida Bar, inter alia, for failing to dismiss the bar complaints. The
   mandamus action is separate from the lawsuit that the Complainant filed
   against the Florida Bar and referenced by Beasley. See Letter from John B.
   Thompson, Attorney at Law, to the Chief Justice and Justices of the
   Supreme Court of Florida, dated February 5, 2007, copied via E-mail to
   Kevin J. Martin, Chairman, Federal Communication Commission, at 4:51 p.m.;
   E-mail from Jack Thompson to Kevin J. Martin, Chairman, Federal
   Communications Commission, dated February 6, 2007, Subject: "Filing with
   the Florida Supreme Court" attaching in the body "ADDITIONAL GROUNDS FOR
   GRANTING PETITION FOR MANDAMUS."

   See Letter from John B. Thompson, Attorney at Law, to Kevin J. Martin,
   Chairman, Federal Communications Commission, dated February 20, 2007 at 2.

   See Letter from Norman Elliot Kent, Esquire, to Melanie Godschall, Federal
   Communications Commission, dated March 1, 2007, and attaching Mr. Kent's
   letter, dated February 12, 2007, to Kenneth Marvin Director of Lawyer
   Regulation, The Florida Bar.

   See  Letter from John B. Thompson, Attorney at Law, to Kevin J. Martin,
   Chairman, Federal Communications Commission, dated February 20, 2007 at 2.
   The Complainant states that this dismissal is proof that Florida Bar has
   made a finding that Mr. Kent's complaint was impermissibly filed in
   retaliation for his indecency complaints against Beasley and offers to
   provide the letter concerning the voluntary dismissal upon the
   Commission's request. As set forth above, it is not up to the Commission
   to substantiate the complainant's allegations.

   See Florida Bar Complaint at 27-35, Count V.

   The Complainant claims that on May 10, 2005, Hank Goldberg, a WQAM(AM)
   on-air host, stated that "IRS finks sometimes mess with the wrong person,
   and when they do, they wind up with no knee caps." The Complainant also
   claims that subsequent to these remarks, a regular caller to the show
   stated that "problems such as the one posed by me are dealt with properly
   `in the hood'." Letter from John B. Thompson, Attorney at Law, to Kevin J.
   Martin, Chairman, Federal Communications Commission, dated May 10, 2005.

   See Clear Channel Broadcasting Licenses, Inc., 19 FCC Rcd at 1777 P 15.

   See, e.g., Letter from John B. Thompson, Attorney at Law, to Kevin J.
   Martin, Chairman, Federal Communications Commission, dated May 10, 2005.

   See Eagle Radio, Inc., 13 FCC Rcd 13869, 13871 P 6 (Mass Med. Bur. 1998)
   (subsequent history omitted).

   See Letter from John B. Thompson, Attorney at Law, to Steve Lerman,
   Leventhal, Senter and Lerman, PLLC dated November 29, 2005, copied via
   E-mail to Kevin J. Martin, Chairman, Federal Communications Commission,
   November 29, 2005. (The subject line of the E-mail is "Letter to
   Viacom/Infinity's Attorney Steve Lerman" and the letter asks for
   information as to the whereabouts of "Joey Boots.").

   Thompson Supplement to LOI Response at 14. Earlier correspondence from the
   Complainant to the Commission stated that this broadcast occurred on March
   14, 2005. Letter from John B. Thompson to Commissioners Kathleen Q.
   Abernathy, Michael J. Copps, Kevin J. Martin, and Jonathan S. Adelstein,
   dated March 23, 2005 at 2-4.

   See Letter from John B. Thompson to Commissioners Kathleen Q. Abernathy,
   Michael J. Copps, Kevin J. Martin, and Jonathan S. Adelstein, dated March
   23, 2005,  Attachment.

   Mr. Kent has submitted a letter he received from the Complainant in which
   the Complainant states that the 2003 Agreement is unenforceable and has
   not been approved by a court. See Letter from Norman Elliot Kent, Esquire
   to William Freedman, Deputy Chief, Investigations and Hearings Division,
   Enforcement Bureau, dated March 25, 2005, Attachment at Exhibits H1 and
   H2.

   See Thompson Supplement to LOI Response at 14. See, e.g., Letter from John
   B. Thompson to Commissioners Kathleen Q. Abernathy, Michael J. Copps,
   Kevin J. Martin, and Jonathan S. Adelstein, dated March 23, 2005 at 2-4.

   See id; Letter from Norman Elliot Kent to William Freedman, Deputy Chief,
   Investigations and Hearings Division, Enforcement Bureau, Federal
   Communications Commission, dated March 25, 2005 at 3.

   Thompson Supplement to LOI Response at 14.

   See Letter from John B. Thompson to Commissioners Kathleen Q. Abernathy,
   Michael J. Copps, Kevin J. Martin, and Jonathan S. Adelstein, dated March
   23, 2005 at 2-4.

   See Thompson Supplement to LOI Response at 14, which alleges that the
   contempt action is based upon "a 1989 Agreement with his [Mr. Kent's]
   client in which I promise not to try to harm Rogers in any fashion with
   efforts against Cox Communications." Elsewhere in the record the
   Complainant claims that Mr. Rogers' contempt action relates to the
   December 2003 Agreement. See, e.g., Letter from John B. Thompson, Attorney
   at Law to Commissioners Kathleen Q. Abernathy, Michael J. Copps, Kevin J.
   Martin, Jonathan S. Adelstein, dated March 15, 2005 ("Beasley employee,
   Neil Rogers, has now asked a Florida court of law to have me held in
   contempt as a consequence of his [Mr. Rogers'] repeated violations of a
   December 12, 2003 Agreement not to mention me on the air[...] I informed
   you of this additional harassment yesterday."). See also, Letter from John
   B. Thompson, Attorney at Law to Commissioners Kathleen Q. Abernathy,
   Michael J. Copps, Kevin J. Martin, Jonathan S. Adelstein, dated March 14,
   2005 ("In light of the fact that Beasley's mid-day host has augmented,
   remarkably, the harassment today of me on WQAM-AM, I hereby renew my
   earlier written request late last year that the FCC revoke Beasley's WQAM
   license as soon as possible.").

   See Letter from Norman Elliot Kent, Esquire to John B. Thompson, dated
   March 16, 2005 and copied on the Commission. See Letter from Norman Elliot
   Kent, Esquire to William Freedman, Deputy Chief, Investigations and
   Hearings Division, Enforcement Bureau, dated March 25, 2005 attaching a
   Motion For a Rule to Show Cause Why Defendant John Thompson Should not be
   Held in Contempt of Court for Violation of a Judicial Order. The record
   does not include additional information concerning the outcome of this
   Motion, although the Complainant suggests that the matter may have been
   settled and then re-opened. See Letter from John B. Thompson, Attorney at
   Law, to Arlene Kalish Sankel, Chief Branch Discipline Counsel, The Florida
   Bar, dated May 24, 2005, copied via E-mail to Kevin J. Martin, Chairman,
   Federal Communications Commission, May 24, 2005.

   See Thompson Supplement to LOI Response at 14.

   See Letter from Norman Elliot Kent, Esquire to William Freedman, Deputy
   Chief, Investigations and Hearings Division, Enforcement Bureau, dated
   March 25, 2005 attaching a copy of the 1989 settlement agreement.

   See id.

   See Letter from Norman Elliot Kent, Esquire to William Freedman, Deputy
   Chief, Investigations and Hearings Division, Enforcement Bureau, dated
   March 25, 2005 at 3, stating that Rogers has filed a motion to enforce the
   1989 agreement without the "assistance, authorization, permission,
   solicitation or request of anyone from Beasley Broadcasting, who is in no
   way a party to that 15 year litigation."

   See Thompson Supplement to LOI Response at 14-15.

   See id. at 15.

   See Letter from John B. Thompson, Attorney at Law, to Kevin J. Martin,
   Chairman, Federal Communications Commission, dated February 1, 2007 (Re:
   Addendum to Sworn Statement As to the On-going, Illegal Harassment of Jack
   Thompson by Beasley and Its Lawyers). The Complainant includes a
   declaration under penalty of perjury but has submitted this letter via
   E-mail and did not indicate that he has filed a signed declaration via
   U.S. mail.

   E-mail from Jack Thompson to Kevin Martin, Chairman, Federal
   Communications Commission, dated February 1, 2006 at 11:46 a.m., attaching
   Letter from Jo Edda Rosskamp to Kevin J. Martin, Chairman, Federal
   Communications Commission, dated February 1, 2007. The Commission received
   this letter via E-mail, and has not received the signed declaration via
   U.S. mail.

   See id.

   Id.

   See 47 C.F.R. S 0.311.

   (Continued from previous page)

   (continued....)

   Federal Communications Commission DA 07-2279

   12

   Federal Communications Commission DA 07-2279

References

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