Goto Section: 73.3523 | 73.3526 | Table of Contents
Revised as of November 23, 2020
Goto Year:2020 |
§ 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
(1) The reasons why it is considered that such agreement is in the
(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
(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
(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
(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]
Goto Section: 73.3523 | 73.3526
Goto Year: 2020 |
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