§  73.3589   Threats to file petitions to deny or informal objections.

   (a) No person shall make or receive any payments in exchange for
   withdrawing a threat to file or refraining from filing a petition to
   deny or an informal objection. For the purposes of this section,
   reimbursement by an applicant of the legitimate and prudent expenses of
   a potential petitioner or objector incurred reasonably and directly in
   preparing to file a petition to deny will not be considered to be
   payment for refraining from filing a petition to deny or informal
   objection. Payments made directly to a potential petitioner or
   objector, or a person related to a potential petitioner or objector, to
   implement nonfinancial promises are prohibited unless specifically
   approved by the Commission.

   (b) Whenever any payment is made in exchange for withdrawing a threat
   to file or refraining from filing a petition to deny or informal
   objection, the licensee must file with the Commission a copy of any
   written agreement related to the dismissal or withdrawal, and an
   affidavit setting forth:

   (1) Certification that neither the would-be petitioner, nor any person
   or organization related to the would-be petitioner, has received or
   will receive any money or other consideration in connection with the
   citizens' agreement other than legitimate and prudent expenses
   reasonably incurred in preparing to file the petition to deny;

   (2) Certification that unless such arrangement has been specifically
   approved by the Commission, neither the would-be petitioner, nor any
   person or organization related to the would-be petitioner, is or will
   be involved in carrying out, for a fee, any programming ascertainment,
   employment or other nonfinancial initiative referred to in the
   citizens' agreement; and

   (3) The terms of any oral agreement.

   (c) For purposes of this section:

   (1) Affidavits filed pursuant to this section shall be executed by the
   licensee, if an individual; a partner having personal knowledge of the
   facts, if a partnership; or an officer having personal knowledge of the
   facts, if a corporation or association.

   (2) "Legitimate and prudent expenses" are those expenses reasonably
   incurred by a would-be petitioner in preparing to file its petition for
   which reimbursement is being sought.

   (3) "Other consideration" consists of financial concessions, including
   but not limited to the transfer of assets or the provision of tangible
   pecuniary benefit, as well as non-financial concessions that confer any
   type of benefit on the recipient.

   [ 55 FR 28914 , July 16, 1990]

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