DA 95-1057 Federal Communications Commission Record 10 FCC Red No. 18 Before the Federal Communications Commission Washington, D.C. 20554 File No. CRD-95-1 In re Request of MORGAN STANLEY GROUP, INC. For Declaratory Ruling Concerning Section 310(b)(4) of the Communications Act of 1934, as amended MEMORANDUM OPINION AND ORDER Adopted: May 8,1995; Released: May 10,1995 By the Chief, Wireless Telecommunications Bureau: 1. On December 21, 1994, Morgan Stanley Group Inc. ("MSG") filed a Petition for Declaratory Ruling pursuant to Section 1.2 of the Commission's rules1 that, consistent with the public interest, Sir David Walker, a citizen of the United Kingdom, may serve as a corporate officer of MSG. MSG asserts that Sir Walker, as Managing Director, will not exercise control of any Federal Communications Com mission licensed facility. MSG controls, but does not di rectly hold, Commission common carrier licenses. We find that Sir Walker's appointment as a corporate officer of MSG is consistent with public interest and we accordingly grant the petition for declaratory ruling. The request for declaratory ruling was placed on public notice on February 13, 1995. See Public Notice, DA 95-226 (released Feb. 13, 1995). No comments were filed in response to the public notice. 2. Under Section 310(b)(4) of the Communications Act of 1934 as amended, ("the Act"), a station license may not be held by: 1991), cert, denied, 112 S. Ct. 298 (1991) (citing Noe v. FCC, 260 F.2d 739, 741 (D.C. Cir. 1958), cert, denied, 359 U.S. 924 (1959)). Nevertheless, the statute permits licensing of a corporation controlled by another corporation which employs an alien officer where it is not contrary to the public interest. See Continental Illinois Venture Corp., 6 FCC Red 1944 (Mobile Serv. Div., CCB 1991). In addition, the Commission has considered the fact that the United Kingdom is a United States ally, and shares a common language and heritage with the United States, in finding that the presence of an alien officer is not contrary to the public interest. See Data General Corp., 2 FCC Red 6060 (Com. Car. Bur. 1987); GCI Liquidating Trust, 1 FCC Red 7641 (Com. Car. Bur. 1992). 4. In previous cases, the Commission has found that the public interest would not be adversely served where an alien officer had no control or supervision of licensee corporations. See Xerox Corporation, 74 FCC 2d 471 (1979); International Telephone and Telegraph Corp., 67 FCC 2d 604 (1978). Accordingly, in view of MSG's repre sentations that Sir Walker will have no control or oversight of any licensed facilities of any MSG subsidiary (or part nership controlled by an MSG subsidiary) that now holds or may in the future hold common carrier or broadcast licenses, we do not find that Sir Walker's participation as a corporate officer of MSG would be inconsistent with the Act or the public interest. 5. Accordingly, IT IS ORDERED that the Petition for Declaratory Ruling filed on December 21, 1994, by Mor gan Stanley Group, Inc. IS HEREBY GRANTED. FEDERAL COMMUNICATIONS COMMISSION Regina M. Keeney Chief, Wireless Telecommunications Bureau 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 revocation of such license. 47 U.S.C. § 310(b)(4). 3. By its express language, the benchmarks established in Section 310(b)(4) apply to entities such as MSG which directly or indirectly control licensees. The restrictions in Section 310(b)(4) of the Act reflect national security con cerns and are designed to guard against foreign influence by limiting aliens' participation in certain domestic radio activities. See Request for Declaratory Ruling Concerning the Citizenship Requirements of Sections 310(b)(3) and (4), 103 FCC 2d 511 (1985), reconsidered in part, 1 FCC Red 12 (1986) (Wilner & Scheiner); Coalition for the Preservation of Hispanic Broadcasting v. FCC, 931 F.2d 73, 79 (D.C. Cir. 1 47 C.F.R. § 1.2. 9338