Federal Communications Commission
Washington, D.C. 20554
November 9, 2010
DA 10-2161
Mark S. Wintersole
6481 Eastwood Glenn Drive
Montgomery, AL  36117
Re:  Petition for Reconsideration of Dismissal of Application FCC File No. 0004402268
Dear Mr. Wintersole:
This letter responds to your October 16, 2010 petition for reconsideration of the dismissal 
of the above-referenced vanity call sign application.  You argue that because call sign W5ER 
was canceled on September 27, 2008, it should have been available when you filed your 
application on September 27, 2010.  For the reasons set forth below, we deny the petition.  
With certain exceptions not relevant in this case, a call sign shown on a canceled license 
is not available to the vanity call sign system for two years following the cancellation of the prior 
license.1 The canceled call sign does not become available for reassignment until after the two-
year waiting period ends.2 Because the prior license that was assigned call sign W5ER was 
canceled on September 27, 2008, the call sign became available to the vanity call sign system on 
September 28, 2010.  Consequently, we conclude that your application was properly dismissed 
because it was filed before call sign W5ER became available to the vanity call sign system.  
Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 405 of the 
Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 405, and Section 1.106 of the 
Commission’s Rules, 47 C.F.R. § 1.106, the petition for reconsideration filed by Mark S. 
Wintersole on October 16, 2010 IS DENIED.  
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 and 0.331.  
FEDERAL COMMUNICATIONS COMMISSION
Scot Stone
Deputy Chief, Mobility Division
Wireless Telecommunications Bureau
  
1 47 C.F.R. § 97.19(c)(2).  This two-year period corresponds to the grace period during which the licensee of an 
amateur service licensee may apply for renewal of the station and operator license after that license expires.  See 
47 C.F.R. § 97.21(b).  
2 See Kenneth C. Lamson, Letter, 22 FCC Rcd 3187, 3187 (WTB MD 2007) (citing Amendment of the Amateur 
Service Rules to Implement a Vanity Call Sign System, Memorandum Opinion and Order, PR Docket No. 93-305, 
10 FCC Rcd 11135, 11137 ¶ 12 (1995)).