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

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

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

Source: Supplied 2024 U.S. Code historical extraction · 40 U.S.C. § 17703

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Stable record: federal_law:legal_authorities:usc2024-651d63d2f7e52820329974ca
Source file: Laws/federal/codes/united-states-code-2024/title-40/section-17703-national-defense-considerations-and--c74e4d651c.md
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Source location: USCODE-2024-title40-subtitleVI-chap177-sec17703.pdf

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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.).

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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)).

Source: Supplied U.S. Code snapshot — release unconfirmed · 40 U.S.C. § 17703

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

47 U.S.C. § 151 — Purposes of chapter; Federal Communications Commission created

For the purpose of regulating interstate and foreign commerce in communication by wire and radio so as to make available, so far as possible, to all the people of the United States, without discrimination on the basis of race, color, religion, national origin, or sex, a rapid, efficient, Nation-wide, and world-wide wire and radio communication service with adequate facilities at reasonable charges, for the purpose of the national defense, for the purpose of promoting safety of life and property through the use of wire and radio communications, and for the purpose of securing a more effective execution of this policy by centralizing authority heretofore granted by law to several agencies and by granting additional authority with respect to interstate and foreign commerce in wire and radio communication, there is created a commission to be known as the “Federal Communications Commission”, which shall be constituted as hereinafter provided, and which shall execute and enforce the provisions of this chapter.

Source: Supplied U.S. Code snapshot — release unconfirmed · 47 U.S.C. § 151

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

47 U.S.C. § 151 — Purposes of chapter; Federal Communica-

Page 12 TITLE 47—TELECOMMUNICATIONS § 151 Sec. 561. Scrambling of sexually explicit adult video service programming. 562. Requirements relating to charges for covered services. PART V—VIDEO PROGRAMMING SERVICES PROVIDED BY TELEPHONE COMPANIES 571. Regulatory treatment of video programming services. 572. Prohibition on buy outs. 573. Establishment of open video systems. SUBCHAPTER VI—MISCELLANEOUS PROVISIONS 601. Interstate Commerce Commission and Post- master General; duties, powers, and func- tions transferred to Commission. 602, 603. Repealed. 604. Effect of transfer. 605. Unauthorized publication or use of commu- nications. 606. War powers of President. 607. Effective date of chapter. 608. Separability. 609. Short title. 610. Telephone service for disabled. 611. Closed-captioning of public service announce- ments. 612. Syndicated exclusivity. 613. Video programming accessibility. 614. Telecommunications Development Fund. 615. Support for universal emergency telephone number. 615a. Service provider parity of protection. 615a–1. Duty to provide 9–1–1 and enhanced 9–1–1 serv- ice. 615b. Definitions. 615c. Emergency Access Advisory Committee. 616. Internet protocol-based relay services. 617. Access to advanced communications services and equipment. 618. Enforcement and recordkeeping obligations. 619. Internet browsers built into telephones used with public mobile services. 620. Relay services for deaf-blind individuals. 621. Rulemaking on loud commercials required. 622. Optional electronic labeling of communica- tions equipment. 623. Configuration of multi-line telephone sys- tems for direct dialing of 9–1–1. 624. Disclosure requirements for United States- based foreign media outlets. SUBCHAPTER VI

Source: Supplied 2024 U.S. Code historical extraction · 47 U.S.C. § 151

Stored review status: historical_2024_not_currentness_verified. The source passage cites 47 U.S.C. § 151. This identifies an authority to review, not proof of applicability.

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

Source: Supplied U.S. Code snapshot — release unconfirmed · 47 U.S.C. § 310

Stored review status: release_metadata_unconfirmed. The source passage cites 47 U.S.C. § 310. This identifies an authority to review, not proof of applicability.

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

Source: Supplied 2024 U.S. Code historical extraction · 47 U.S.C. § 310

Stored review status: historical_2024_not_currentness_verified. The source passage cites 47 U.S.C. § 310. This identifies an authority to review, not proof of applicability.