Sec. 73.3523  Dismissal of applications in renewal proceedings.

    (a) An applicant for construction permit, that has filed an 
application that is mutually exclusive with an application for renewal 
of a license of an AM, FM or television station (hereinafter competing 
applicant'') filed on or before May 1, 1995, and seeks to dismiss or 
withdraw its application and thereby remove a conflict between 
applications pending before the Commission, must obtain the approval of 
the Commission.
    (b) If a competing applicant seeks to dismiss or withdraw its 
application prior to the Initial Decision stage of the hearing on its 
application, it must submit to the Commission a request for approval of 
the dismissal or withdrawal of its application, a copy of any written 
agreement related to the dismissal or withdrawal of its application, and 
an affidavit setting forth:
    (1) A certification that neither the applicant nor its principals 
has received or will receive any money or other consideration in 
exchange for dismissing or withdrawing its application;
    (2) A statement that its application was not filed for the purpose 
of reaching or carrying out an agreement with any other applicant 
regarding the dismissal or withdrawal of its application; and
    (3) The terms of any oral agreement relating to the dismissal or 
withdrawal of its application.

In addition, within 5 days of the applicant's request for approval, each 
remaining competing applicant and the renewal applicant must submit an 
affidavit setting forth:
    (4) A certification that neither the applicant nor its principals 
has paid or will pay any money or other consideration in exchange for 
the dismissal or withdrawal of the application; and

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    (5) The terms of any oral agreement relating to the dismissal or 
withdrawal of the application.
    (c) If a competing applicant seeks to dismiss or withdraw its 
application after the Initial Decision stage of the hearing on its 
application, it must submit to the Commission a request for approval of 
the dismissal or withdrawal of its application, a copy of the any 
written agreement related to the dismissal or withdrawal, and an 
affidavit setting forth:
    (1) A certification that neither the applicant nor its principals 
has received or will receive any money or other consideration in excess 
of the legitimate and prudent expenses of the applicant;
    (2) The exact nature and amount of any consideration paid or 
promised;
    (3) An itemized accounting of the expenses for which it seeks 
reimbursement;
    (4) A statement that its application was not filed for the purpose 
of reaching or carrying out an agreement with any other applicant 
regarding the dismissal or withdrawal of its application; and
    (5) The terms of any oral agreement relating to the dismissal or 
withdrawal of its application.

In addition, within 5 days of the applicant's request for approval, each 
remaining party to any written or oral agreement must submit an 
affidavit setting forth:
    (6) A certification that neither the applicant nor its principals 
has paid or will pay money or other consideration in excess of the 
legitimate and prudent expenses of the withdrawing applicant in exchange 
for the dismissal or withdrawal of the application; and
    (7) The terms of any oral agreement relating the dismissal or 
withdrawal of the application.
    (d) For the purpose 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) An application shall be deemed to be pending before the 
Commission from the time an application is filed with Commission until 
an order of the Commission granting or denying the application 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 an applicant in preparing, filing, and 
prosecuting its application.
    (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 nonfinancial concessions that 
confer any type of benefit on the recipient.

[ 54 FR 22598 , May 25, 1989, as amended at  61 FR 18291 , Apr. 25, 1996]