Federal Communications Commission DA 09-1052 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of DAVID E. SANDERS Licensee of Amateur Service Station W4DES ) ) ) ) ) ORDER OF MODIFICATION Adopted: May 11, 2009 Released: May 12, 2009 By the Deputy Chief, Mobility Division, Wireless Telecommunications Bureau: 1. Introduction. In this Order of Modification, we modify the license of David E. Sanders (Sanders) for Amateur Radio Service Station W4DES by replacing Amateur Extra Class operator privileges with Technician Class operator privileges. As explained below, we take this action pursuant to an earlier order proposing to modify Sanders’s license.1 2. Background. On March 18, 2008, the American Radio Relay League Volunteer Examiner Coordinator (ARRL VEC) sent an electronic data file to the Commission requesting that Sanders’s operator license for amateur Station W4DES be modified to upgrade from Technician Class to Amateur Extra Class amateur radio operator privileges.2 Based on this application, the Commission granted Sanders an Amateur Extra Class amateur service operator license on March 18, 2008. This license authorizes Sanders to be the control operator of an amateur station transmitting on frequency bands authorized by Section 97.301(b) of our Rules.3 3. By correspondence dated March 18, 2009, ARRL VEC notified the Commission that it had made an error in the March 18, 2008 data file and that Sanders had not qualified for an Amateur Extra Class operator license.4 Therefore, ARRL VEC urged us to modify Sanders’s license to correct the operator privileges authorized. Consequently, we proposed to modify the license for Station W4DES to show Technician Class operator privileges.5 4. Discussion. The Order Proposing Modification was released on April 6, 2009. Sanders did not protest the proposed modification of his license within the requisite thirty-day time frame.6 Accordingly, Sanders is deemed to have consented to the proposed modification.7 Based on the record before us, we conclude that it is in the public interest to modify Sanders’s license for Station W4DES by replacing Amateur Extra Class operator privileges with Technician Class operator privileges. 1 See David E. Sanders, Order Proposing Modification, DA 09-778 (WTB MD rel. Apr. 6, 2009) (Order Proposing Modification). 2 See File No. 0003364898 (filed Mar. 18, 2008). 3 See 47 C.F.R. § 97.301(b). 4 E-mail dated Mar. 18, 2009 from Perry Green to Rebecca Williams. 5 See Order Proposing Modification at ¶ 8. 6 See 47 C.F.R. § 1.87(g)(1). 7 See 47 C.F.R. § 1.87(h). Federal Communications Commission DA 09-1052 2 5. Conclusion and Ordering Clauses. Accordingly, IT IS ORDERED that, 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 Section 1.87 of Commission’s Rules, 47 C.F.R. § 1.87, the license for Amateur Radio Service Station W4DES BE MODIFIED by replacing Amateur Extra Class operator privileges with Technician Class operator privileges. 6. IT IS FURTHER ORDERED that this Order of Modification SHALL BE SENT by certified mail, return receipt requested, to David E. Sanders, 117 Old Cooper Sq., Chapel Hill, NC 27517. 7. 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 Scot Stone Deputy Chief, Mobility Division Wireless Telecommunications Bureau