§ 73.3588   Dismissal of petitions to deny or withdrawal of informal objections.

   (a) Whenever a petition to deny or an informal objection has been filed
   against any application, and the filing party seeks to dismiss or withdraw
   the petition to deny or the informal objection, either unilaterally or in
   exchange  for  financial  consideration, that party must file with the
   Commission a request for approval of the dismissal or withdrawal, a copy of
   any  written  agreement related to the dismissal or withdrawal, and an
   affidavit setting forth:

   (1) A certification that neither the petitioner nor its principals has
   received or will receive any money or other consideration in excess of
   legitimate and prudent expenses in exchange for the dismissal or withdrawal
   of the petition to deny;

   (2) The exact nature and amount of any consideration received or promised;

   (3) An itemized accounting of the expenses for which it seeks reimbursement;
   and

   (4) The terms of any oral agreement related to the dismissal or withdrawal
   of the petition to deny.

   In  addition, within 5 days of petitioner's request for approval, each
   remaining party to any written or oral agreement must submit an affidavit
   setting forth:

   (5) A certification that neither the applicant nor its principals had paid
   or will pay money or other consideration in excess of the legitimate and
   prudent expenses of the petitioner in exchange for dismissing or withdrawing
   the petition to deny; and

   (6) The terms of any oral agreement relating to the dismissal or withdrawal
   of the petition to deny.

   (b) Citizens' agreements. For purposes of this section, citizens agreements
   include agreements arising whenever a petition to deny or informal objection
   has been filed against any application and the filing party seeks to dismiss
   or  withdraw  the  petition  or objection in exchange for nonfinancial
   consideration (e.g., programming, ascertainment or employment initiatives).
   The parties to such an agreement must file with the Commission a joint
   request for approval of the agreement, a copy of any written agreement, and
   an affidavit executed by each party setting forth:

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

   (2)  Certification  that  neither  the  petitioner,  nor any person or
   organization related to petitioner is or will be involved in carrying out,
   for a fee, any programming, ascertainment, employment or other non-financial
   initiative referred to in the citizens' agreement; and

   (3) The terms of any oral agreement.

   (c) For the purposes of this section:

   (1) Affidavits filed pursuant to this section shall be executed by the
   applicant,  permittee  or 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) A petition shall be deemed to be pending before the Commission from the
   time  a  petition  is  filed with the Commission until an order of the
   Commission  granting  or  denying the petition is no longer subject to
   reconsideration by the Commission or to review by any court.

   (3) “Legitimate and prudent expenses” are those expenses reasonably incurred
   by a petitioner in preparing, filing, and prosecuting its petition for which
   reimbursement is being sought.

   (4) “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.

   [ 54 FR 22598 , May 25, 1989. Redesignated and amended at  55 FR 28914 , July
   16, 1990]

   return arrow Back to Top