7 FCC Red No. 3 Federal Communications Commission Record DA 92-96 
Before the 
Federal Communications Commission 
Washington, D.C. 20554 
In Re Request of 
COMCAST CORPORATION 
For Declaratory Ruling Concerning 
Section 3 lO{b )( 4) of the 
Communications Act of 1934, as 
amended 
File No. MSD-91-23 
MEMORANDUM OPINION AND ORDER 
Adopted: January 24, 1992; Released: January 31, 1992 
By the Chief, Mobile Services Division: 
I. INTRODUCTION 
1. Comcast Cellular Communications. Inc. (CCI), re­
quests a declaratory ruling that the appointment of John 
R. Alchin (Alchin). a Australian citizen to the corporate 
office of Senior Vice President and Treasurer of Comcast 
will not adversely affect the public interest. 
II. DISCUSSION 
2. Alchin will not exercise superv1s1on or control over 
the operation of the licensed facilities of Amee!!. its sub­
sidiaries. partnerships controlled by its subsidiaries. or any 
other common carrier license controlled hy Comcast and 
is supervised by the President of Comcast. the Chairman 
and Vice Chairman. all of whom are United States citi­
zens. 
3. Under Section 310(b)(4) 1 of the A<.:t. a station license 
may not be held by: 
any corporation directly or indirectly controlled by 
any other corporation of which any officer ... [is 
an! alien ... if the Commission finds that the 
public interest will be served by the refusal or revo­
cation of such license. 
4. By its express language. the ben<.:hmarks established 
in Section 3 lO(b )( 4) apply to entities. such as Comcast 
which directly or indirectly control licensees. The restric­
tions in Section 310( b )( 4) reflect national security con­
cerns and are designed to guard against foreign influence 
by limiting aliens· participation in <.:ertain domestic radio 
activities. See Request for Declaratory Ruling Concerning 
the Citizenship Requirements of Sections 310 (b) (3J and (4) 
of the Communications Act of 1934, as amended. (Wilner 
& Scheiner), 103 F.C.C. 2d 511, 516-517 (1985), recon., I 
FCC Red 12 (1986). Nevertheless, the statute permits 
licensing of a corporation controlled by another corpora­
tion which employs an alien officer where it is not con­
trary to the public interest. In previous cases. the 
Commission has found that the public interest would not 
be adversely served where the alien officers had no con-
895 
trol or superv1s1on of the licensee corporations. Xerox 
Corporation,, 74 F.C.C. 2d 471 (1979): International Tele­
phone and Telegraph Corp., 67 F.C.C. 2d 604 ( 1978). 
5. In view of Comcast's representation that Alchin will 
have no control or management oversight of A WACS 
licensees or its subsidiaries, we cannot find that the alien 
participation in Comcast would be inconsistent with the 
Act or the public interest. 
III. ORDERING CLAUSE 
6. Accordingly, IT IS ORDERED that the request for 
declaratory ruling IS GRANTED. 
FEDERAL COMMUNICATIONS COMMISSION 
Gregory J. Vogt 
Chief, Mobile Services Division 
Common Carrier Bureau 
FOOTNOTE 
1 The Bureau analyzed the alien participation in this case 
under Section 310(b)(4) of the Act because AWACS itself does 
not hold licenses. but controls Commisson licensees through its 
wholly-owned subsidiaries.