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

(a) In general. (1)(A) Requirements prior to transfer^*. Subject to section 17703 of this title, and with advice, assistance, and, for an agency not under the Defense Department, that agency's consent, plus the President's approval, the Secretary of Defense must transfer, for adequate payment, any or all federally controlled long-lines communication facilities^* in or to Alaska to anyone who qualifies under section 17703. (B) Authority to carry out chapter. The Secretary of Defense may take whatever action and use whatever powers are needed to carry out this chapter's purposes. (2) Consent of secretary concerned. An interest in withdrawn or otherwise set-aside public lands cannot be transferred under this chapter without the prior consent of the Secretary of the Interior, or, for national forest land, the Secretary of Agriculture. (3) Procedures and methods. The Secretary of Defense must carry out a transfer under this chapter following the same procedures and methods the Administrator of General Services must use under section 545(a) and (b) of this title.

(b) Documents of title or other property interests. The head of the agency concerned^* (or someone they designate) must sign the documents transferring title or other property interest, except mineral rights, and take whatever other action the Secretary of Defense decides is needed or proper to transfer the property. A copy of any deed, lease, or other transfer document affecting public land must go to the Secretary of the Interior.

(c) Solicitation of offers to purchase certain facilities. When asking for offers to buy long-lines facilities of the Alaska Communication System, the Secretary of Defense must: (1) give any interested buyer, on request, data on (A) which facilities are for sale, (B) their current fair and reasonable value, and (C) the initial rates the buyer will be charged for capacity in facilities the government keeps for commercial use; (2) require that offers to purchase state what rates the offeror proposes to charge and what service improvements it proposes; (3) let prospective buyers meet as a group with Defense Department representatives to make sure they understand the data and public-interest requirements in (1) and (2); and (4) ask the Federal Communications Commission and the Governor of Alaska (or a designee) for advice, to make sure all public-interest factors tied to the transfer are considered.

(d) Applicability of antitrust provisions. The antitrust requirements of section 559 of this title apply to transfers under this chapter.