February 15, 2007

DA 07-678

**[Certified mail, return receipt requested]{.underline}**

Mr. John R. Ure

515 E. Carefree Highway 852

Phoenix, AZ 85085

Re: Modification of Operator Privileges

> Amateur Radio Service Station W5VXJ

Dear Mr. Ure:

The purpose of this letter is to notify you that we are proposing to
modify the operator privileges of your license for Amateur Radio Service
Station W5VXJ from Amateur Extra Class to General Class. As explained
below, we propose this action in response to information the Wireless
Telecommunications Bureau received from the American Radio Relay League,
Inc., Volunteer Examiner Coordinator (ARRL VEC). Specifically, the ARRL
VEC states that you notified the Volunteer Examiners (VEs) that an error
resulted in your operator privileges incorrectly being changed to
Amateur Extra Class.[^1]

By way of background, on February 2, 2006 the Commission received from
the ARRL VEC an electronic data file that contained an application
requesting modification of the license for amateur station W5VXJ to
upgrade your operating privileges from Technician Plus Class to Amateur
Extra Class.[^2] Consequently, you were granted an Amateur Extra Class
amateur radio operator license on February 2, 2006. On April 19, 2006
the ARRL VEC notified the Commission that the February 2, 2006 data file
contained an error.[^3] Specifically, the ARRL VEC stated that the
requested upgrade was intended to modify your operator privileges from
Technician Plus Class operator privileges to General Class operator
privileges, and that the requested upgrade to Amateur Extra Class
privileges was due to a typographical error in its processing of your
application.[^4] It requests that we set aside this grant so that it may
file an application to properly upgrade your operator license to General
Class operator privileges.[^5]

Based on the information now before us, it appears that the ARRL VEC did
not intend to request that we modify your operator license to show
Amateur Extra Class operator privileges. It also appears to us that the
grant of Amateur Extra Class operator privileges was erroneous because
the Volunteer Examiners have not certified that you are qualified for an
Amateur Extra Class amateur service operator license. Rather, it appears
that you are currently authorized Amateur Extra Class operator
privileges due to a typographical error by the ARRL VEC in the
processing of your application.

We agree with the ARRL VEC that the license should be modified to show
the correct class of operator privileges. We believe that Section
316(a)(1) of the Communications Act of 1934, as amended, provides the
appropriate vehicle for resolving this matter.[^6] Section 316(a)
permits the Commission to modify a station license if the action will
promote the public interest, convenience, and necessity.[^7] We believe
that a modification of the license for amateur station W5VXJ to replace
Amateur Extra Class operator privileges with General Class operator
privileges is appropriate because you have passed the examinations
necessary to qualify for a General Class operator license rather than an
Amateur Extra Class operator license.

In accordance with Section 1.87(a) of the Commission\'s Rules,[^8]
however, we will not modify the license until you have received notice
of our proposed action and have had an opportunity to file a protest. To
protest the modification, you must, within thirty days of the release
date of this letter, 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, DC 20554.[^9] If no protest is filed, you will have waived
your right to protest the modification and will be deemed to have
consented to the modification.

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 license of Mr.
John R. Ure for Amateur Radio Station W5VXJ BE MODIFIED by replacing
Amateur Extra Class operator privileges with General Class operator
privileges.

IT IS FURTHER ORDERED that this letter shall be sent by certified mail,
return receipt requested, to Mr. John R. Ure, 515 E. Carefree Highway
852, Phoenix, AZ 85085.

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 Telecommunication Bureau

[^1]: Electronic mail message, dated April 19, 2006, from Perry Green,
    Assistant VEC Manager, ARRL, to Rebecca Williams, Wireless
    Telecommunications Bureau, Federal Communications Commission (ARRL
    VEC Request).

[^2]: *See* FCC File No. 0002470869 (filed February 2, 2006). Volunteer
    examiner coordinators coordinate the efforts of volunteer examiners
    in preparing and administering qualifying examinations, and then
    forward the required data for qualified examinees to the Commission
    electronically. *See* 47 C.F.R. 97.519(a).

[^3]: *See* ARRL VEC Request*.*

[^4]: *See id.*

[^5]: *See id*.

[^6]: 47 U.S.C. § 316(a)(1).

[^7]: *Id*.

[^8]: 47 C.F.R. § 1.87(a).

[^9]: 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. Hand-delivered or messenger-delivered
    documents for the Commission\'s Secretary are accepted only at our
    new location at 236 Massachusetts Avenue, N.E., Suite 110,
    Washington, D.C. 20002. Other messenger-delivered documents,
    including documents sent by 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.
    *See* FCC Announces a New Filing Location for Paper Documents and a
    New Fax Number for General Correspondence, *Public Notice*, 16 FCC
    Rcd 22165 (2001).