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40 USC CHAPTER 177 - ALASKA COMMUNICATIONS DISPOSAL 01/06/03

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TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE V - MISCELLANEOUS

CHAPTER 177 - ALASKA COMMUNICATIONS DISPOSAL

-HEAD-

CHAPTER 177 - ALASKA COMMUNICATIONS DISPOSAL

-MISC1-

Sec.

17701. Definitions.

17702. Transfer of Government-owned long-lines communication

facilities in and to Alaska.

17703. National defense considerations and qualification of

transferee.

17704. Contents of agreements for transfer.

17705. Approval of Federal Communications Commission.

17706. Gross proceeds as miscellaneous receipts in the

Treasury.

17707. Reports.

17708. Nonapplication.

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40 USC Sec. 17701 01/06/03

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TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE V - MISCELLANEOUS

CHAPTER 177 - ALASKA COMMUNICATIONS DISPOSAL

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Sec. 17701. Definitions

-STATUTE-

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.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1286.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

17701 40:771. Pub. L. 90-135, title I,

Sec. 101, Nov. 14, 1967, 81

Stat. 441.

--------------------------------------------------------------------

In clause (1), the word "including" is substituted for "including

but not restricted to" to eliminate unnecessary words. The word

"estate" is omitted as being included in "interest".

-End-

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40 USC Sec. 17702 01/06/03

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TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE V - MISCELLANEOUS

CHAPTER 177 - ALASKA COMMUNICATIONS DISPOSAL

-HEAD-

Sec. 17702. Transfer of Government-owned long-lines communication

facilities in and to Alaska

-STATUTE-

(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.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1286.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

17702(a)(1) 40:781(1). Pub. L. 90-135, title I,

Sec. 201, Nov. 14, 1967, 81

Stat. 442.

17702(a)(2) 40:781(5).

17702(a)(3) 40:781(2).

17702(b) 40:781(4).

17702(c) 40:781(6).

17702(d) 40:781(3).

--------------------------------------------------------------------

In this chapter, the words "or his designee" are omitted because

of 10:113.

In subsection (a)(1)(A), the words "and notwithstanding

provisions of any other law" are omitted as unnecessary. The words

"shall transfer" are substituted for "is authorized to and shall

transfer" for clarity.

In subsection (c)(4), the words "the Federal Field Committee for

Development Planning in Alaska" are omitted because the Committee

has been terminated. See Executive Order No. 11608 (eff. July 19,

1971).

-End-

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40 USC Sec. 17703 01/06/03

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TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE V - MISCELLANEOUS

CHAPTER 177 - ALASKA COMMUNICATIONS DISPOSAL

-HEAD-

Sec. 17703. National defense considerations and qualification of

transferee

-STATUTE-

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-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1287.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

17703 40:782. Pub. L. 90-135, title I,

Sec. 202, Nov. 14, 1967, 81

Stat. 443.

--------------------------------------------------------------------

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 17702 of this title.

-End-

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40 USC Sec. 17704 01/06/03

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TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE V - MISCELLANEOUS

CHAPTER 177 - ALASKA COMMUNICATIONS DISPOSAL

-HEAD-

Sec. 17704. Contents of agreements for transfer

-STATUTE-

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.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1288.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

17704 40:783. Pub. L. 90-135, title I,

Sec. 203, Nov. 14, 1967, 81

Stat. 443.

--------------------------------------------------------------------

In clause (1), the word "rules" is omitted as being included in

"regulations".

In clause (3), the words "unless and" are omitted as unnecessary.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 17705 of this title.

-End-

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40 USC Sec. 17705 01/06/03

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TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

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CHAPTER 177 - ALASKA COMMUNICATIONS DISPOSAL

-HEAD-

Sec. 17705. Approval of Federal Communications Commission

-STATUTE-

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.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1288.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

17705 40:784. Pub. L. 90-135, title I,

Sec. 204, Nov. 14, 1967, 81

Stat. 443.

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40 USC Sec. 17706 01/06/03

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TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE V - MISCELLANEOUS

CHAPTER 177 - ALASKA COMMUNICATIONS DISPOSAL

-HEAD-

Sec. 17706. Gross proceeds as miscellaneous receipts in the

Treasury

-STATUTE-

The gross proceeds of each transfer shall be deposited in the

Treasury as miscellaneous receipts.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1288.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

17706 40:785. Pub. L. 90-135, title I,

Sec. 205, Nov. 14, 1967, 81

Stat. 443.

--------------------------------------------------------------------

The words "Notwithstanding the provisions of any other law" are

omitted as unnecessary.

-End-

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40 USC Sec. 17707 01/06/03

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TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE V - MISCELLANEOUS

CHAPTER 177 - ALASKA COMMUNICATIONS DISPOSAL

-HEAD-

Sec. 17707. Reports

-STATUTE-

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.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1288.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

17707 40:786. Pub. L. 90-135, title I,

Sec. 206, Nov. 14, 1967, 81

Stat. 443.

--------------------------------------------------------------------

-End-

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40 USC Sec. 17708 01/06/03

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TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE V - MISCELLANEOUS

CHAPTER 177 - ALASKA COMMUNICATIONS DISPOSAL

-HEAD-

Sec. 17708. Nonapplication

-STATUTE-

This chapter does not modify in any manner the Communications Act

of 1934 (47 U.S.C. 151 et seq.).

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1288.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

17708 40:791. Pub. L. 90-135, title I,

Sec. 301, Nov. 14, 1967, 81

Stat. 444.

--------------------------------------------------------------------

-REFTEXT-

REFERENCES IN TEXT

The Communications Act of 1934, referred to in text, is act June

19, 1934, ch. 652, 48 Stat. 1064, as amended, which is classified

principally to chapter 5 (Sec. 151 et seq.) of Title 47,

Telegraphs, Telephones, and Radiotelegraphs. For complete

classification of this Act to the Code, see section 609 of Title 47

and Tables.

-End-