---
kind: "section"
citation: "40 U.S.C. § 17703"
title: "40"
title_heading: "Public Buildings, Property, and Works"
number: "17703"
heading: "National defense considerations and qualification of transferee"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/40/17703"
units:
  - "Subtitle VI — Miscellaneous"
  - "Chapter 177 — Alaska Communications Disposal"
---

# §17703. National defense considerations and qualification of transferee


A [transfer](/usc/40/17701.md?p=3) under this chapter shall not be made unless the Secretary of Defense determines that—

- (1) the [Federal Government](/usc/40/17101.md?p=1) does not need to retain the [property](/usc/40/102.md?p=9) involved in the [transfer](/usc/40/17701.md?p=3) for national defense purposes;
- (2) the [transfer](/usc/40/17701.md?p=3) is in the public interest;
- (3) the person to whom the [transfer](/usc/40/17701.md?p=3) is made is prepared and qualified to provide the communication service involved in the [transfer](/usc/40/17701.md?p=3) without interruption; and
- (4) the [long-lines communication facilities](/usc/40/17701.md?p=2) 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)](/usc/47/310.md?p=a)).

## Source credit

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

## Notes

| Historical and Revision Notes |  |  |
| --- | --- | --- |
| Revised<br>Section | Source (U.S. Code) | Source (Statutes at Large) |
| 17703 | 40:782. | Pub. L. 90–135, title I, § 202, Nov. 14, 1967, 81 Stat. 443. |