§ 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) ).