Sec. 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:

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    (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]