Sec. 90.162  Agreements to dismiss applications, amendments, or 
          pleadings.

    (a) Parties that have filed an application concerning facilities 
used to provide commercial mobile radio services that is mutually 
exclusive with one or more other applications, and then enter into an 
agreement to resolve the mutual exclusivity by withdrawing or requesting 
dismissal of the application or an amendment thereto, must obtain the 
approval of the Commission. Parties that have filed or threatened to 
file a petition to deny, informal objection, or other pleading against a 
pending application, and then seek to withdraw or request dismissal of, 
or refrain from filing, the petition, either unilaterally or in exchange 
for a financial consideration, must obtain the approval of the 
Commission.
    (b) The party withdrawing or requesting dismissal of its 
application, petition to deny, informal objection, or other pleading, or 
refraining from filing a pleading, must submit to the Commission a 
request for approval of the withdrawal or dismissal, a copy of any 
written agreement related to the withdrawal or dismissal, and an 
affidavit setting forth:
    (1) A certification that neither the party nor its principals has 
received or will receive any money or other consideration in excess of 
the legitimate and prudent expenses incurred in preparing and 
prosecuting the application, petition to deny, informal objection, or 
other pleading in exchange for the withdrawal or dismissal of the 
application, petition to deny, informal objection, or other pleading, or 
threat to file a pleading, except that this provision does not apply to 
dismissal or withdrawal of applications pursuant to bona fide merger 
agreements:
    (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 withdrawal or 
dismissal of the application, petition to deny, informal objection, or 
other pleading or threat to file a pleading.
    (c) In addition, within five (5) days of the filing date of the 
applicant's or petitioner's request for approval, each remaining party 
to any written or oral agreement must submit an affidavit setting forth:
    (1) 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 petitioner in exchange for 
withdrawing or dismissing the application, petition to deny, informal 
objection, or other pleading; and
    (2) The terms of any oral agreement relating to the withdrawal or 
dismissal of the application, petition to deny, informal objection, or 
other pleading.
    (d) No person shall make or receive any payments in exchange for 
withdrawing a threat to file or refraining from filing a petition 
against an application. For 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 an informal objection. 
Payments made directly to a potential petitioner or objector, or a 
person related to a potential petitioner or objector, to implement non-
financial promises are prohibited unless specifically approved by the 
Commission.
    (e) For purposes of this section:

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    (1) Affidavits filed pursuant to this section must be executed by 
the filing party, 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) Applications, petitions to deny, informal objections, and other 
pleadings are deemed to be pending before the Commission from the time 
the application or petition to deny is filed with the Commission until 
such time as an order of the Commission granting, denying, or dismissing 
the application, petition to deny, informal objection, or other pleading 
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 party in preparing to file, filing, prosecuting 
and/or settling its application, petition to deny, informal objection, 
or other pleading for which reimbursement is 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.
    (f) Notwithstanding the provisions of this section, any payments 
made or received in exchange for withdrawing a short-form application 
for an FCC authorization awarded through competitive bidding shall be 
subject to the restrictions set forth in section Sec. 1.2105(c) of this 
chapter.
[ 59 FR 59959 , Nov. 21, 1994, as amended at  62 FR 11636 , Mar. 12, 1997]