40 U.S.C. § 17702 — Transfer of Government-owned long-

Page 289 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 17702 HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 17510 .......... 40:911. Pub. L. 99–272, title XV, § 15311, Apr. 7, 1986, 100 Stat. 338. CHAPTER 177—ALASKA COMMUNICATIONS DISPOSAL Sec. 17701. Definitions. 17702. Transfer of Government-owned long-lines communication facilities in and to Alaska. 17703. National defense considerations and quali- fication of transferee. 17704. Contents of agreements for transfer. 17705. Approval of Federal Communications Com- mission. 17706. Gross proceeds as miscellaneous receipts in the Treasury. 17707. Reports. 17708. Nonapplication. § 17701. Definitions In this chapter, the following definitions apply: (1) AGENCY CONCERNED.—The term ‘‘agency concerned’’ means a department, agency, wholly owned corporation, or instrumentality of the Federal Government. (2) LONG-LINES COMMUNICATION FACILITIES.— The term ‘‘long-lines communication facili- ties’’ means the transmission systems con- necting points inside the State with each other and with points outside the State by radio or wire, and includes all kinds of prop- erty and rights of way necessary to accom- plish this interconnection. (3) TRANSFER.—The term ‘‘transfer’’ means the conveyance by the Government of any ele- ment of ownership, including any estate or in- terest in property, and franchise rights, by sale, exchange, lease, easement, or permit, for cash, credit, or other property with or without warranty. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1286.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 17701 .......... 40:771. Pub. L. 90–135, title I, § 101, Nov. 14, 1967, 81 Stat. 441. In clause (1), the word ‘‘including’’ is substituted for ‘‘including but not restricted to’’ to eliminate unneces- sary words. The word ‘‘estate’’ is omitted as being in- cluded in ‘‘interest’’. § 17702. Transfer of Government-owned long- lines communication facilities in and to Alas- ka (a) IN GENERAL.— (1) AUTHORITY OF THE SECRETARY OF DE- FENSE.— (A) REQUIREMENTS PRIOR TO TRANSFER.— Subject to section 17703 of this title and with the advice, assistance, and, in the case of an agency not under the jurisdiction of the Sec- retary of Defense, the consent of the agency concerned, and after approval of the Presi- dent, the Secretary of Defense shall transfer for adequate consideration any or all long- lines communication facilities in or to Alas- ka under the jurisdiction of the Federal Gov- ernment to any person qualifying under sec- tion 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 other- wise appropriated, shall not be transferred under this chapter without the prior consent of the Secretary of the Interior, or, with re- spect to lands in a national forest, of the Sec- retary of Agriculture. (3) PROCEDURES AND METHODS.—The Sec- retary of Defense shall carry out a transfer under this chapter in accordance with the pro- cedures and methods required of the Adminis- trator 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 docu- ments for the transfer of title or other interest in property, except any mineral rights in the property, and take other action that the Sec- retary of Defense decides is necessary or proper to transfer the property under this chapter. A copy of a deed, lease, or other instrument exe- cuted by or on behalf of the head of the agency concerned purporting to transfer title or an- other interest in public land shall be provided to the Secretary of the Interior. (c) SOLICITATION OF OFFERS TO PURCHASE CER- TAIN FACILITIES.—In connection with soliciting offers to purchase long-lines facilities of the Alaska Communication System, the Secretary of Defense shall— (1) provide any prospective purchaser who requests it data on— (A) the facilities available for purchase; (B) the amounts considered to be the cur- rent fair and reasonable value of those facili- ties; and (C) the initial rates that will be charged to the purchaser for capacity in facilities re- tained by the Government and available for commercial use; (2) provide in the request for offers to pur- chase that offerors must specify the rates the offerors propose to charge for service and the improvements in service the offerors propose to initiate; (3) provide an opportunity for prospective purchasers to meet as a group with Depart- ment of Defense representatives to ensure that the data and public interest requirements de- scribed in clauses (1) and (2) are fully under- stood; and (4) seek the advice and assistance of the Fed- eral Communications Commission and the Governor of Alaska (or a designee of the Gov- ernor) to ensure consideration of all public in- terest factors associated with the transfer. (d) APPLICABILITY OF ANTITRUST PROVISIONS.— The requirements of section 559 of this title apply to transfers under this chapter. 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 REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 17703 .......... 40:782. Pub. L. 90–135, title I, § 202, Nov. 14, 1967, 81 Stat. 443. § 17704. Contents of agreements for transfer An agreement by which a transfer is made under this chapter shall provide that— (1) subject to regulations of the Federal Communications Commission and of any body or commission established by Alaska to gov- ern and regulate communications services to the public and all applicable statutes, treaties, and conventions, the person to whom the transfer is made shall provide the communica- tion services involved in the transfer without interruption, except those services reserved by the Federal Government in the transfer; (2) the rates and charges for those services applicable at the time of transfer shall not be changed for a period of one year from the date of the transfer unless approved by a govern- mental body or commission having jurisdic- tion; and (3) the transfer will not be final until the transferee receives the requisite license and certificate of convenience and necessity to op- erate interstate and intrastate commercial communications in Alaska from the appro- priate governmental regulatory bodies. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1288.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 17704 .......... 40:783. Pub. L. 90–135, title I, § 203, Nov. 14, 1967, 81 Stat. 443. In clause (1), the word ‘‘rules’’ is omitted as being in- cluded in ‘‘regulations’’. In clause (3), the words ‘‘unless and’’ are omitted as unnecessary. § 17705. Approval of Federal Communications Commission A transfer under this chapter does not require the approval of the Federal Communications Commission except to the extent that the ap- proval of the Commission is necessary under section 17704(3) of this title. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1288.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 17705 .......... 40:784. Pub. L. 90–135, title I, § 204, Nov. 14, 1967, 81 Stat. 443. § 17706. Gross proceeds as miscellaneous receipts in the Treasury The gross proceeds of each transfer shall be deposited in the Treasury as miscellaneous re- ceipts. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1288.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 17706 .......... 40:785. Pub. L. 90–135, title I, § 205, Nov. 14, 1967, 81 Stat. 443. The words ‘‘Notwithstanding the provisions of any other law’’ are omitted as unnecessary. § 17707. Reports The Secretary of Defense shall report to the Congress and the President— (1) in January of each year, the actions taken under this chapter during the preceding 12 months; and (2) not later than 90 days after completion of each transfer under this chapter, a full ac- count of that transfer. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1288.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 17707 .......... 40:786. Pub. L. 90–135, title I, § 206, Nov. 14, 1967, 81 Stat. 443. § 17708. Nonapplication This chapter does not modify in any manner the Communications Act of 1934 (47 U.S.C. 151 et seq.).