Page:United States Statutes at Large Volume 81.djvu/477

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[81 STAT. 443]
PUBLIC LAW 90-000—MMMM. DD, 1968
[81 STAT. 443]

81 STAT.J

P U B L I C LAW 9 0 - 1 3 5 - N O V. 14, 1967

443

improvements in sendee which they propose to initiate; (c) Provide an opportunity for prospective purchasers to meet as a group with Department of Defense representatives to assure that the data and the public interest requirements described in (a) and (b), above, are lully understood; and (d) Seek the advice and assistance of the Federal Communications Commission, the Federal Field Committee for Development Planning in Alaska, and the Governor of Alaska or his designees, to assure consideration of all public interest factors associated with the transfer. SEC. 202. No transfer under this title may be made unless the Secretary of Defense or his designee determines that— (1) the United States 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, without interruption, the communication service involved in the transfer; and (4) the long-lines communication facilities will not directly or indirectly be owned, operated, or controlled by a person who would legally be disqualified by subsection 310(a) of the Communications Act of 1934, as amended, from holding a radio sta..

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tion license. SEC. 203. The agreements by which a transfer is made under this title shall include a provision that— (1) the person to whom the transfer is made shall, subject to the rules and regulations of any body or commission established by the State of Alaska to govern and regulate communication services to the public and of the Federal Communications Commission and all applicable statutes, treaties, and conventions, provide without interruption, the communication ser\^ices involved in the transfer, except those services reserved by the United States in the transfer; (2) the rates and charges for such services applicable at the time of transfer shall not be changed for a period of one year from the date of such transfer unless appi-oved by a governmental body or commission having jurisdiction; and (3) the transfer will not be final unless and until the transferee shall receive any requisite licenses and certificates of convenience and necessity to operate interstate and intrastate commercial communications in Alaska from the appropriate governmental regulatory bodies. SEC. 204. Transfers under this title do not require the approval of the Federal Communications Commission except to the extent that the approval of the Federal Communications Commission is necessary under section 203(3) above. SEC. 205. Xotwithstanding the provisions of any other law, the gross proceeds of each transfer shall be covered into the Treasury of the United States as miscellaneous receipts. SEC. 206. The Secretary of Defense or his designee shall report to Pf*^ *'^ .1

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the Congress and the President— congress. (1) in January of each year, the actions taken under this title during the preceding twelve months; and (2) not later than ninety days after completion of each transfer under this title, a full account of that transfer.