Goto Section: 73.3588 | 73.3591 | Table of Contents
Revised as of November 24, 2020
Goto Year:2020 |
§ 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]
Goto Section: 73.3588 | 73.3591
Goto Year: 2020 |
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