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.

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    (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]