Goto Section: 73.3588 | 73.3591 | Table of Contents
FCC 73.3589
Revised as of October 1, 2008
Goto Year:2007 |
2009
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:
(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: 2007 |
2009
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