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40 U.S.C. § 17703 — National defense considerations and qualification of transferee

Federal law — U.S. Code and appendices · legal_authorities

40 U.S.C. § 17703 — National defense considerations and qualification of transferee

A transfer under this chapter shall not be made unless the Secretary of Defense determines that— (1) the Federal Government does not need to retain the property involved in the transfer for national defense purposes; (2) the transfer is in the public interest; (3) the person to whom the transfer is made is prepared and qualified to provide the communication service involved in the transfer without interruption; and (4) the long-lines communication facilities will not directly or indirectly be owned, operated, or controlled by a person that would legally be disqualified from holding a radio station license by section 310(a) of the Communications Act of 1934 ([47 U.S.C. 310(a)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section310/a&num=0&edition=prelim)).

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Source file: Laws/federal/codes/united-states-code/title-40/section-17703-national-defense-considerations-and-qualification-of-transferee--24172fd53c.md
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Source location: Title 40, Chapter 177, § 17703; chapter-177-alaska-communications-disposal.md

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Federal law — U.S. Code and appendices · legal_authorities

40 U.S.C. § 17702 — Transfer of Government-owned long-lines communication facilities in and to Alaska

**(a) In General.—** (1) **Authority of the secretary of defense.—** (A) *Requirements prior to transfer.—* — Subject to [section 17703 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section17703&num=0&edition=prelim) and with the advice, assistance, and, in the case of an agency not under the jurisdiction of the Secretary of Defense, the consent of the agency concerned, and after approval of the President, the Secretary of Defense shall transfer for adequate consideration any or all long-lines communication facilities in or to Alaska under the jurisdiction of the Federal Government to any person qualifying under section 17703. (B) *Authority to carry out chapter.—* — The Secretary of Defense may take action and exercise powers as may be necessary or appropriate to carry out the purposes of this chapter. (2) **Consent of secretary concerned.—** — An interest in public lands, withdrawn or otherwise appropriated, shall not be transferred under this chapter without the prior consent of the Secretary of the Interior, or, with respect to lands in a national forest, of the Secretary of Agriculture. (3) **Procedures and methods.—** — The Secretary of Defense shall carry out a transfer under this chapter in accordance with the procedures and methods required of the Administrator of General Services by section 545(a) and (b) of this title. **(b) Documents of Title or Other Property Interests.—** The head of the agency concerned (or a designee of the head) shall execute documents for the transfer of title or other interest in property, except any mineral rights in the property, and take other action that the Secretary of Defense decides is necessary or proper to transfer the property under this chapter. A copy of a deed, lease, or ot

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Federal law — U.S. Code and appendices · legal_authorities

40 U.S.C. § 17703 — National defense considerations and

Page 290 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 17703 (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1286.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 17702(a)(1) .. 40:781(1). Pub. L. 90–135, title I, § 201, Nov. 14, 1967, 81 Stat. 442. 17702(a)(2) .. 40:781(5). 17702(a)(3) .. 40:781(2). 17702(b) ...... 40:781(4). 17702(c) ...... 40:781(6). 17702(d) ...... 40:781(3). In this chapter, the words ‘‘or his designee’’ are omit- ted because of 10:113. In subsection (a)(1)(A), the words ‘‘and notwith- standing provisions of any other law’’ are omitted as unnecessary. The words ‘‘shall transfer’’ are sub- stituted for ‘‘is authorized to and shall transfer’’ for clarity. In subsection (c)(4), the words ‘‘the Federal Field Committee for Development Planning in Alaska’’ are omitted because the Committee has been terminated. See Executive Order No. 11608 (eff. July 19, 1971). § 17703. National defense considerations and qualification of transferee A transfer under this chapter shall not be made unless the Secretary of Defense deter- mines that— (1) the Federal Government does not need to retain the property involved in the transfer for national defense purposes; (2) the transfer is in the public interest; (3) the person to whom the transfer is made is prepared and qualified to provide the com- munication service involved in the transfer without interruption; and (4) the long-lines communication facilities will not directly or indirectly be owned, oper- ated, or controlled by a person that would le- gally be disqualified from holding a radio sta- tion license by section 310(a) of the Commu- nications Act of 1934 (47 U.S.C. 310(a)). (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1287.) HISTORICAL AND

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Federal law — U.S. Code and appendices · legal_authorities

47 U.S.C. § 310 — License ownership restrictions

**(a) Grant to or holding by foreign government or representative** The station license required under this chapter shall not be granted to or held by any foreign government or the representative thereof. **(b) Grant to or holding by alien or representative, foreign corporation, etc.** No broadcast or common carrier or aeronautical en route or aeronautical fixed radio station license shall be granted to or held by— (1) any alien or the representative of any alien; (2) any corporation organized under the laws of any foreign government; (3) any corporation of which more than one-fifth of the capital stock is owned of record or voted by aliens or their representatives or by a foreign government or representative thereof or by any corporation organized under the laws of a foreign country; (4) any corporation directly or indirectly controlled by any other corporation of which more than one-fourth of the capital stock is owned of record or voted by aliens, their representatives, or by a foreign government or representative thereof, or by any corporation organized under the laws of a foreign country, if the Commission finds that the public interest will be served by the refusal or revocation of such license. **(c) Authorization for aliens licensed by foreign governments; multilateral or bilateral agreement to which United States and foreign country are parties as prerequisite** In addition to amateur station licenses which the Commission may issue to aliens pursuant to this chapter, the Commission may issue authorizations, under such conditions and terms as it may prescribe, to permit an alien licensed by his government as an amateur radio operator to operate his amateur radio station licensed by his government in the United States, its possessions, and the Commonwealth

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Federal law — U.S. Code and appendices · legal_authorities

47 U.S.C. § 310 — License ownership restrictions

Page 164 TITLE 47—TELECOMMUNICATIONS § 309a § 309a. Reports related to spectrum auctions (a) Omitted (b) Auction expenditure justification report Not later than April 1, 2019, and annually thereafter, the Commission shall provide to the appropriate committees of Congress a report containing a detailed justification for the use of proceeds retained by the Commission under sec- tion 309(j)(8)(B) of this title for the costs of de- veloping and implementing the program re- quired by section 309(j) of this title. (c) Definition For purposes of this section, the term ‘‘appro- priate committees of Congress’’ means— (1) the Committee on Commerce, Science, and Transportation of the Senate; (2) the Committee on Appropriations of the Senate; (3) the Committee on Energy and Commerce of the House of Representatives; and (4) the Committee on Appropriations of the House of Representatives. (Pub. L. 115–141, div. P, title V, § 512, Mar. 23, 2018, 132 Stat. 1097.) Editorial Notes CODIFICATION Section is comprised of section 512 of div. P of Pub. L. 115–141. Subsec. (a) of section 512 of div. P of Pub. L. 115–141 amended section 309 of this title. § 310. License ownership restrictions (a) Grant to or holding by foreign government or representative The station license required under this chap- ter shall not be granted to or held by any for- eign government or the representative thereof. (b) Grant to or holding by alien or representa- tive, foreign corporation, etc. No broadcast or common carrier or aero- nautical en route or aeronautical fixed radio station license shall be granted to or held by— (1) any alien or the representative of any alien; (2) any corporation organized under the laws of any foreign government; (3) any corporation of which more than

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