USC Chapter 177

in effect

40 U.S.C. § 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 facilities” means the transmission systems connecting points inside the State with each other and with points outside the State by radio or wire, and includes all kinds of property and rights of way necessary to accomplish this interconnection. (3) Transfer.—The term “transfer” means the conveyance by the Government of any element of ownership, including any estate or interest in property, and franchise rights, by sale, exchange, lease, easement, or permit, for cash, credit, or other property with or without warranty.

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

(a) In General.—(1) Authority of the secretary of defense.—(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 Secretary of Defense, the consent of the agency concerned, and after approval of the President, the Secretary of Defense shall transfer for adequate consideration any or all long-lines communication facilities in or to Alaska under the jurisdiction of the Federal Government to any person qualifying under section 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 (2) Consent of secretary concerned.—An interest in public lands, withdrawn or otherwise appropriated, shall not be transferred under this chapter without the prior consent of the Secretary of the Interior, or, with respect to lands in a national forest, of the Secretary of Agriculture. (3) Procedures and methods.—The Secretary of Defense shall carry out a transfer under this chapter in accordance with the procedures and methods required of the Administrator 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 documents for the transfer of title or other interest in property, except any mineral rights in the property, and take other action that the Secretary of Defense decides is necessary or proper to transfer the property under this chapter. A copy of a deed, lease, or other instrument executed by or on behalf of the head of the agency concerned purporting to transfer title or another interest in public land shall be provided to the Secretary of the Interior. (c) Solicitation of Offers To Purchase Certain 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 current fair and reasonable value of those facilities; and (C) the initial rates that will be charged to the purchaser for capacity in facilities retained by the Government and available for commercial use; (2) provide in the request for offers to purchase 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 Department of Defense representatives to ensure that the data and public interest requirements described in clauses (1) and (2) are fully understood; and (4) seek the advice and assistance of the Federal Communications Commission and the Governor of Alaska (or a designee of the Governor) to ensure consideration of all public interest factors associated with the transfer. (d) Applicability of Antitrust Provisions.—The requirements of section 559 of this title apply to transfers under this chapter.

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)).

40 U.S.C. § 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 govern 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 communication 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 governmental body or commission having jurisdiction; and (3) the transfer will not be final until the transferee receives the requisite license and certificate of convenience and necessity to operate interstate and intrastate commercial communications in Alaska from the appropriate governmental regulatory bodies.

40 U.S.C. § 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 approval of the Commission is necessary under section 17704(3) of this title.

40 U.S.C. § 17706 Gross proceeds as miscellaneous receipts in the Treasury

The gross proceeds of each transfer shall be deposited in the Treasury as miscellaneous receipts.

40 U.S.C. § 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 account of that transfer.

40 U.S.C. § 17708 Nonapplication

This chapter does not modify in any manner the Communications Act of 1934 (47 U.S.C. 151 et seq.).