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.
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