Title 40Public Buildings, Property, and WorksRelease 119-73

§17703 National defense considerations and qualification of transferee

Title 40 › Subtitle SUBTITLE VI— - MISCELLANEOUS › Chapter CHAPTER 177— - ALASKA COMMUNICATIONS DISPOSAL › § 17703

Last updated Apr 6, 2026|Official source

Summary

Before a transfer under this chapter, the Secretary of Defense must find that the Federal Government does not need the property for defense, the transfer is in the public interest, the buyer can keep the communications service running, and no one barred by section 310(a) of the Communications Act of 1934 (47 U.S.C. 310(a)) will control long-line facilities.

Full Legal Text

Title 40, §17703

Public Buildings, Property, and Works — Source: USLM XML via OLRC

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)).

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 1770340:782.Pub. L. 90–135, title I, § 202, Nov. 14, 1967, 81 Stat. 443.

Reference

Citations & Metadata

Citation

40 U.S.C. § 17703

Title 40Public Buildings, Property, and Works

Last Updated

Apr 6, 2026

Release point: 119-73