§ 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]

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