40 U.S. Code § 17703 - National defense considerations and qualification of transferee
National defense considerations and qualification of transfereeA transfer under this chapter shall not be made unless the Secretary of Defense determines that—
the Federal Government does not need to retain the property involved in the transfer for national defense purposes;
the person to whom the transfer is made is prepared and qualified to provide the communication service involved in the transfer without interruption; and
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)).