Goto Section: 73.3587 | 73.3589 | Table of Contents
Revised as of December 4, 2012
Goto Year:2011 |
§ 73.3588 Dismissal of petitions to deny or withdrawal of informal
(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
(3) An itemized accounting of the expenses for which it seeks
(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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Goto Section: 73.3587 | 73.3589
Goto Year: 2011 |
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