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

submitted 24 years ago by Pub. L. 107-217 to r/title-40-PUBLIC-BUILDINGS-PROPERTY-AND-WORKS · 111 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary of Defense can only transfer facilities if the government no longer needs them for defense. The transfer must serve the public interest and go to a buyer ready to provide uninterrupted service. The buyer also cannot be someone disqualified from holding a radio license under the Communications Act.

A transfer under this chapter can only happen if the Secretary of Defense determines that: (1) the federal government doesn't need to keep the property for national defense; (2) the transfer serves the public interest; (3) the person receiving the transfer is ready and qualified to provide the communication service without interruption; and (4) the long-lines communication facilities won't end up owned, operated, or controlled, directly or indirectly, by anyone who would be legally barred from holding a radio station license under section 310(a) of the Communications Act of 1934.

the actual law source: uscode.house.gov ↗public domain

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)).

Source credit: (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1287.)

history & why it existsrecord from the source credit
  • 2002Enacted · Pub. L. 107-217 · 116 Stat. 1287

A history note hasn’t been published yet. The record shows enactment by Pub. L. 107-217 on 2002-08-21.

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