Goto Section: 73.3587 | 73.3589 | Table of Contents
FCC 73.3588
Revised as of October 1, 2008
Goto Year:2007 |
2009
Sec. 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]
Goto Section: 73.3587 | 73.3589
Goto Year: 2007 |
2009
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