*Pages 1--2 from Microsoft Word - 37282* Federal Communications Commission DA 04- 944 Before the Federal Communications Commission Washington, D. C. 20554 In the Matter of Amateur Radio Station License of Mr. William D. Willard to Modify the Call Sign of Amateur Station N5BU Amateur Radio Station License of Mr. William B. Sorsby to Modify the Call Sign of Amateur Station AC0AC ) ) ) ) ) ) ) ) ) File No. 0001387567 ORDER Adopted: April 2, 2004 Released: April 5, 2004 By the Deputy Chief, Public Safety and Critical Infrastructure Division, Wireless Telecommunications Bureau: 1. By Memorandum Opinion and Order released January 30, 2004, we proposed to modify the Amateur Radio Service station license of Mr. William D. Willard (Willard) to change the call sign from N5BU to KB5U, in order to reassign the call sign N5BU to the amateur station of Mr. William B. Sorsby (Sorsby). 1 In this Order, we conclude that it is no longer necessary to modify Willard’s station license, because, at his request, the station license already has been modified to change the call sign. In addition, we reinstate Sorsby’s authorization to operate amateur station N5BU in accordance with the terms of his previous authorization to operate that station. 2. By way of background, in 1976, the call sign N5BU was assigned to Sorsby’s station. Most recently, the license was due to expire on October 18, 2004. On December 13, 1999, the Commission received requests to update the information for the license to reflect new contact information. 2 Specifically, Sorsby’s address and telephone number were replaced with those of Dwana C. Peters (Peters) of Aircraft Guaranty Title, LLC (AGT), the licensee of Aircraft Station 5BU. Apparently, when AGT associated its FCC Registration Number (FRN) with Call Sign 5BU, it erroneously also associated its FRN with Call Sign N5BU. 3 On July 10, 2001, AGT filed an application to cancel the license for Call Sign N5BU, 4 and this application was granted on July 11, 2001. Because the license for amateur station N5BU was cancelled on July 11, 2001, the call sign became available for assignment to the amateur station of any Amateur Extra Class licensee on July 12, 2003. 5 Willard filed the captioned 1 See William D. Willard, Memorandum Opinion and Order, 19 FCC Rcd 1482, 1483 ¶¶ 2- 3 (WTB PSCID 2004). 2 File Nos. 0000057075, 0000057122, 0000057167, 0000057212, 0000057257, 0000057303, and 0000057348 (filed Dec. 13, 1999). 3 This appears to have resulted from confusion between the aircraft station call sign and the aircraft’s registration marking (or “N number”), because aircraft stations are permitted to identify themselves by their call sign or by the N number, omitting the prefix letter N. See 47 C. F. R. § 87.107( a)( 3). 4 File No. 0000518736 (filed July 10, 2001). 5 See 47 C. F. R. § 97.19( c)( 1). 1 Federal Communications Commission DA 04- 944 2 application requesting that the call sign N5BU be assigned to his amateur radio station on July 21, 2003, and the Licensing and Technical Analysis Branch granted the application on August 8, 2003. Based on a review of the Commission’s licensing records, however, we concluded in the Memorandum Opinion and Order that the call sign N5BU was not properly available for assignment by the vanity call sign system on July 12, 2003, because Peters was not authorized to request cancellation of the license for amateur station N5BU. To correct this error, we proposed to exchange N5BU with the call sign previously assigned to Willard’s amateur radio station, KB5U. In addition, in order to authorize Sorsby to operate his Amateur Radio Service station while this proceeding was pending, we issued him an Amateur Extra Class operator license and a station license with the call sign AC0AC. 6 3. A copy of the Memorandum Opinion and Order was sent to Willard with the requirement that any protest thereto be submitted within thirty days of its release date. 7 On February 5, 2004, Willard submitted an application to modify his license by replacing the call sign N5BU with the next available sequentially assigned call sign. 8 That application was granted on February 6, 2004, and Willard’s station was assigned the call sign AD5QD. Because Willard has surrendered the call sign N5BU, we do not need to exchange N5BU with the call sign previously assigned to Willard’s amateur radio station, KB5U. 4. As noted above, the call sign N5BU was made available to the vanity call sign system as a result of a defective cancellation of the license held by Sorsby. To correct this error, we reinstated Sorsby’s operating authority and assigned his station the call sign AC0AC. Because the call sign N5BU, which was assigned to Sorsby’s station prior to the defective cancellation, is now available, we will re-assign it to Sorsby’s station. 5. ACCORDINGLY, IT IS ORDERED, pursuant to Sections 4( i) and 316( a) of the Communications Act of 1934, as amended, 47 U. S. C. §§ 154( i), 316( a), and Sections 1.87 of the Commission’s Rules, 47 C. F. R. § 1.87, that the Amateur Radio Station license of Mr. William B. Sorsby SHALL BE MODIFIED by changing the call sign from AC0AC to N5BU. 6. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission’s Rules, 47 C. F. R. §§ 0.131, 0.331. FEDERAL COMMUNICATION COMMISSION Michael J. Wilhelm Deputy Chief -- Legal Pubic Safety and Critical Infrastructure Division Wireless Telecommunications Bureau 6 See Letter dated Jan. 29, 2004 from D’wana R. Terry, Chief, Public Safety and Critical Infrastructure Division, Wireless Telecommunications Bureau to William B. Sorsby. 7 See 47 C. F. R. § 1.87( a). 8 File No. 0001606274 (filed Feb. 5, 2004). 2