§ 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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