§  73.3525   Agreements for removing application conflicts.

   (a) Except as provided in § 73.3523 regarding dismissal of applications
   in comparative renewal proceedings, whenever applicants for a
   construction permit for a broadcast station enter into an agreement to
   procure the removal of a conflict between applications pending before
   the FCC by withdrawal or amendment of an application or by its
   dismissal pursuant to § 73.3568, all parties thereto shall, within 5
   days after entering into the agreement, file with the FCC a joint
   request for approval of such agreement. The joint request shall be
   accompanied by a copy of the agreement, including any ancillary
   agreements, and an affidavit of each party to the agreement setting
   forth:

   (1) The reasons why it is considered that such agreement is in the
   public interest;

   (2) A statement that its application was not filed for the purpose of
   reaching or carrying out such agreement;

   (3) A certification that neither the applicant nor its principals has
   received any money or other consideration in excess of the legitimate
   and prudent expenses of the applicant; Provided That this provision
   shall not apply to bona fide merger agreements;

   (4) The exact nature and amount of any consideration paid or promised;

   (5) An itemized accounting of the expenses for which it seeks
   reimbursement; and

   (6) The terms of any oral agreement relating to the dismissal or
   withdrawal of its application.

   (b) Except where a joint request is filed pursuant to paragraph (a) of
   this section, any applicant filing an amendment pursuant to § 73.3522
   (b)(1) and (c), or a request for dismissal pursuant to § 73.3568 (b)(1)
   and (c), which would remove a conflict with another pending
   application; or a petition for leave to amend pursuant to
   § 73.3522(b)(2) which would permit a grant of the amended application or
   an application previously in conflict with the amended application; or
   a request for dismissal pursuant to § 73.3568(b)(2), shall file with it
   an affidavit as to whether or not consideration (including an agreement
   for merger of interests) has been promised to or received by such
   applicant, directly or indirectly, in connection with the amendment,
   petition or request.

   (c) Upon the filing of a petition for leave to amend or to dismiss an
   application for broadcast facilities which has been designated for
   hearing or upon the dismissal of such application on the FCC's own
   motion pursuant to § 73.3568, each applicant or party remaining in
   hearing, as to whom a conflict would be removed by the amendment or
   dismissal shall submit for inclusion in the record of that proceeding
   an affidavit stating whether or not he has directly or indirectly paid
   or promised consideration (including an agreement for merger of
   interests) in connection with the removal of such conflict.

   (d) Where an affidavit filed pursuant to paragraph (c) of this section
   states that consideration has been paid or promised, the affidavit
   shall set forth in full all relevant facts, including, but not limited
   to, the material listed in paragraph (a) of this section for inclusions
   in affidavits.

   (e) 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.

   (f) Requests and affidavits which relate to an application which has
   not been designated for hearing shall bear the file number of such
   application. If the affiant is also an applicant, the affidavit shall
   also bear the file number of affiant's pending application(s). Requests
   and affidavits which relate to an application which is designated for
   hearing shall bear the file number of that application and the hearing
   docket number and will be acted on by the presiding officer.

   (g) For the purposes of this section an application shall be deemed to
   be “pending” before the FCC and a party shall be considered to have the
   status of an “applicant” from the time an application is filed with the
   FCC until an order of the FCC granting or denying it is no longer
   subject to reconsideration by the FCC or to review by any court.

   (h) For purposes of this section, “legitimate and prudent expenses” are
   those expenses reasonably incurred by an applicant in preparing,
   filing, prosecuting, and settling its application for which
   reimbursement is being sought.

   (i) For purposes of this section, “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.

   (j) For purposes of this section, an “ancillary agreement” means any
   agreement relating to the dismissal of an application or settling of a
   proceeding, including any agreement on the part of an applicant or
   principal of an applicant to render consulting services to another
   party or principal of another party in the poroceeding.

   (k) The prohibition of collusion as set forth in § § 1.2105(c) of this
   chapter and 73.5002, which becomes effective upon the filing of
   short-form applications, shall apply to all broadcast services subject
   to competitive bidding.

   Note: Although § 74.780 of the Rules makes this section generally
   applicable to low power TV, TV translators, and TV booster stations,
   paragraph (b) of this section shall not be applicable to such stations.

   [ 56 FR 28097 , June 19, 1991, as amended at  63 FR 48624 , Sept. 11, 1998;
    85 FR 46794 , June 18, 2020]