Federal Communications Commission DA 12-408 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of TODD WILSON Licensee of Amateur Service Station WH6DWF ) ) ) ) ) ORDER PROPOSING MODIFICATION Adopted: March 14, 2012 Released: March 15, 2012 By the Deputy Chief, Mobility Division, Wireless Telecommunications Bureau: 1. Introduction. For the reasons set forth below, we propose to modify the operator privileges of Todd Wilson (Wilson), licensee of Amateur Radio Service Station WH6DWF. Specifically, we propose to modify Wilson’s operator license to show Technician Class operator privileges. 2. Background. On November 29, 2011, the American Radio Relay League Volunteer Examiner Coordinator (ARRL VEC) sent an electronic data file to the Commission requesting that the Commission issue a Wilson a new General Class operator license and an amateur station license.1 Based on this application, the Commission granted Wilson a General Class amateur service operator license on November 29, 2011. This license authorizes Wilson to be the control operator of an amateur station transmitting on frequency bands authorized by Section 97.301(a) and (d) of our Rules.2 3. By correspondence dated January 13, 2012, ARRL VEC notified the Commission that it had made an error in the November 29, 2011 data file and that Wilson was qualified for a Technician Class operator license but not a General Class operator license.3 Therefore, ARRL VEC requested that we modify Wilson’s license to correct the operator privileges authorized. 4. Discussion. We believe that ARRL VEC’s request is most properly characterized as an informal request for Commission action under Section 1.41 of the Commission’s Rules.4 Based on the information now before us, it appears that ARRL VEC has requested that we modify the operator privileges granted to the licensee of amateur station WH6DWF. It also appears to us that the grant of General Class operator privileges to Wilson was erroneous because he was not eligible to receive examination credit for one of the examination elements an examinee must pass or receive credit for in order to be granted a General Class operator license. Rather, he appears to be currently authorized to operate with General Class operator privileges due to an error made during the application process. 5. We believe that Section 316(a)(1) of the Communications Act of 1934, as amended, provides the appropriate vehicle for resolving this matter.5 Section 316(a) permits the Commission to modify a 1 See File No. 0004970776 (filed Nov. 29, 2011). 2 See 47 C.F.R. § 97.301(a), (d). 3 E-mail dated January 13, 2012, from Perry Green to Nancy Gilbert. 4 47 C.F.R. § 1.41. 5 47 U.S.C. § 316(a)(1). Federal Communications Commission DA 12-408 2 station license if the action will promote the public interest, convenience, and necessity.6 We believe that modification of the license for amateur station WH6DWF to replace General Class operator privileges with Technician Class operator privileges is appropriate. 6. In accordance with Section 1.87(a) of the Commission's Rules,7 we will not issue a modification order until Wilson has received notice of our proposed action and has had an opportunity to file a protest. To protest the modification, Wilson must, within thirty days of the release date of this Order Proposing Modification, submit a written statement with sufficient evidence to show that the modification would not be in the public interest. The protest must be filed with the Office of the Secretary, Federal Communications Commission, 445 Twelfth Street, S.W., Room TW-A325, Washington, D.C. 20554.8 If no protest is filed, Wilson will have waived his right to protest the modification and will be deemed to have consented to the modification. 7. Conclusion. For the reasons stated above, we conclude that the grant of General Class amateur radio operator privileges to Wilson was improper. Accordingly, we propose to modify the amateur service operator license for amateur station WH6DWF by replacing General Class operator privileges with Technician Class operator privileges. 8. ACCORDINGLY, IT IS PROPOSED, pursuant to Sections 4(i) and 316(a) of the Communications Act of 1934, 47 U.S.C. §§ 154(i), 316, and Section 1.87 of the Commission's Rules, 47 C.F.R. § 1.87, that the operator license of Todd Wilson for amateur service Station WH6DWF BE MODIFIED by replacing General Class operator privileges with Technician Class operator privileges. 9. IT IS FURTHER ORDERED that this Order Proposing Modification shall be sent by certified mail, return receipt requested, to Mr. Todd Wilson, P.O. Box 8806, Honolulu, Hawaii 96830. 10. 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 COMMUNICATIONS COMMISSION Scot Stone Deputy Chief, Mobility Division Wireless Telecommunications Bureau 6 Id. 7 47 C.F.R. § 1.87(a). 8 The address for FCC locations should be used only for documents filed by United States Postal Service first-class mail, Express Mail, and Priority Mail, and hand-delivered or messenger-delivered documents. Documents sent by commercial overnight mail (other than United States Postal Service, Express Mail, and Priority Mail) should be addressed for delivery to 9300 East Hampton Drive, Capitol Heights, MD 20743.