40 USC § 17703 - National defense considerations and qualification of transferee

---
identifier: "/us/usc/t40/s17703"
source: "usc"
legal_status: "official_legal_evidence"
title: "40 USC § 17703 - National defense considerations and qualification of transferee"
title_number: 40
title_name: "PUBLIC BUILDINGS, PROPERTY, AND WORKS"
section_number: "17703"
section_name: "National defense considerations and qualification of transferee"
chapter_number: 177
chapter_name: "ALASKA COMMUNICATIONS DISPOSAL"
positive_law: true
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1287.)"
---


# § 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)).

---

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

| RevisedSection | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 17703 | 40:782. | Pub. L. 90–135, title I, § 202, Nov. 14, 1967, 81 Stat. 443. |