Public Law 90–135

“Transfer” means the conveyance by the United States of any element of ownership, including but not restricted to 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.

“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.

“Agency concerned” means any department, agency, wholly-owned corporation, or instrumentality of the United States.

Subject to the provisions of section 202, and notwithstanding provisions of any other law, the Secretary of Defense or his designee, with the advice, assistance, and, in the case of any agency not under the jurisdiction of the Secretary of Defense, the consent of the agency concerned, and after approval of the President, is authorized to and 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 the provisions of section 202, and may take such action and exercise such powers as may be necessary or appropriate to effectuate the purposes of this Act.

Transfers under this title shall be made in accordance with the procedures and methods required by sections 203(e), (1), (2), and (3) of the Federal Property and Administrative Services Act of 1949, as

72 Stat. 288.

amended (40 U.S.C. 484(e)), except that “the Secretary of Defense or his designee” shall be substituted for all references therein to “the Administrator”.

The requirements of section 207 of the Federal Property and

72 Stat. 631.

Administrative Sen ices Act of 1949, as amended (40 U.S.C. 488), shall apply to transfers under this title.

The head of the agency concerned or his designee shall execute such documents for the transfer of title or other interest in property, except any mineral rights therein, and take such other action as the Secretary of Defense deems necessary or proper to transfer such property under the provisions of this title. A copy of any deed, lease, or other instrument executed by or on behalf of the head of the agency concerned purporting to transfer title or any other interest in public land shall be furnished to the Secretary of the Interior.

No interest in public lands, withdrawn or otherwise appropriated, may be transferred under this title, without the prior consent of the Secretary of the Interior, or, with respect to lands within a national forest, of the Secretary of Agriculture.

In connection with soliciting offers to purchase such long-lines facilities of the Alaska Communication System the Secretary of Defense or his designee shall:

the United States does not need to retain the property involved in the transfer for national defense purposes;

the transfer is in the public interest;

the person to whom the transfer is made is prepared and qualified to provide, without interruption, the communication service involved in the transfer; and

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 station

48 Stat. 1086.

47 USC 310.

license.

the person to whom the transfer is made shall, subject to the rules and regulations of anybody 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 services involved in the transfer, except those services reserved by the United States in the transfer;

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 approved by a governmental body or commission having jurisdiction; and

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.

in January of each year, the actions taken under this title during the preceding twelve months; and

not later than ninety days after completion of each transfer under this title, a full account of that transfer.