W3BE'S BE Informed!
Number 21 Relative's call sign
 

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BE Informed No 21. 

HOW TO OBTAIN A

DECEASED HAM'S FORMER CALL SIGN

John B. Johnston W3BE

  

Q.  The person holding the call sign with my initials as the suffix has died.  How can I obtain that call sign?

   A.  Unless otherwise claimed, it will become available under the first-come-first-served provision of the vanity system after a hold period of two years and one day following the license expiration or cancellation. The ULS database shows his operator/primary station license grant will expire on 5/23/2013.  So, unless there is a cancellation, it will become available on May 24, 2015.  A license that is canceled due to the licensee's death is canceled as of the date of the licensee's death.  Read Section 97.31.

   A request for cancellation can only be filed before the grant expires or during the first 23 months of the post-expiration renewal grace period.  Send your cancellation request to: FCC, 1270 Fairfield Road, Gettysburg, PA 17325-7245 together with the death certificate, an obituary notice, or the matching Social Security Death Index data. 

   Watch the ULS database.  The call sign will become eligible for your vanity call sign request 2 years and 1 day after the cancellation date.

 

   Q.  What are the rules for making application for a vanity call sign?

   A.  They are in Section 97.19.  It reads as follows:

§ 97.19 Application for a vanity call sign.

   (a) The person named in an operator/primary station license grant or in a club station license grant is eligible to make application for modification of the license grant, or the renewal thereof, to show a call sign selected by the vanity call sign system. Effective February 14, 2011, the person named in a club station license grant that shows on the license a call sign that was selected by a trustee is not eligible for an additional vanity call sign. (The person named in a club station license grant that shows on the license a call sign that was selected by a trustee is eligible for a vanity call sign for his or her operator/primary station license grant on the same basis as any other person who holds an operator/primary station license grant.) Military recreation stations are not eligible for a vanity call sign.

   (b) Each application for a modification of an operator/primary or club station license grant, or the renewal thereof, to show a call sign selected by the vanity call sign system must be filed in accordance with §1.913 of this chapter.

   (c) Unassigned call signs are available to the vanity call sign system with the following exceptions:

       (1) A call sign shown on an expired license grant is not available to the vanity call sign system for 2 years following the expiration of the license.

       (2) A call sign shown on a surrendered or canceled license grant (except for a license grant that is canceled pursuant to §97.31) is not available to the vanity call sign system for 2 years following the date such action is taken. (The availability of a call sign shown on a license canceled pursuant to §97.31 is governed by paragraph (c)(3) of this section.)

         (i) This 2-year period does not apply to any license grant pursuant to paragraph (c)(3)(i), (ii), or (iii) of this section that is surrendered, canceled, revoked, voided, or set aside because the grantee acknowledged or the Commission determined that the grantee was not eligible for the exception. In such a case, the call sign is not available to the vanity call sign system for 30 days following the date such action is taken, or for the period for which the call sign would not have been available to the vanity call sign system pursuant to paragraphs (c)(2) or (3) of this section but for the intervening grant to the ineligible applicant, whichever is later.

         (ii) An applicant to whose operator/primary station license grant, or club station license grant for which the applicant is the trustee, the call sign was previously assigned is exempt from the 2-year period set forth in paragraph (c)(2) of this section.

    (3) A call sign shown on a license canceled pursuant to §97.31 of this part is not available to the vanity call sign system for 2 years following the person's death, or for 2 years following the expiration of the license grant, whichever is sooner. If, however, a license is canceled more than 2 years after the licensee's death (or within 30 days before the second anniversary of the licensee's death), the call sign is not available to the vanity call sign system for 30 days following the date such action is taken. The following applicants are exempt from this 2-year period:

         (i) An applicant to whose operator/primary station license grant, or club station license grant for which the applicant is the trustee, the call sign was previously assigned; or

         (ii) An applicant who is the spouse, child, grandchild, stepchild, parent, grandparent, stepparent, brother, sister, stepbrother, stepsister, aunt, uncle, niece, nephew, or in-law of the person now deceased or of any other deceased former holder of the call sign, provided that the vanity call sign requested by the applicant is from the group of call signs corresponding to the same or lower class of operator license held by the applicant as designated in the sequential call sign system; or

         (iii) An applicant who is a club station license trustee acting with a written statement of consent signed by either the licensee ante mortem but who is now deceased, or by at least one relative as listed in paragraph (c)(3)(ii) of this section, of the person now deceased or of any other deceased former holder of the call sign, provided that the deceased former holder was a member of the club during his or her life.

   (d) The vanity call sign requested by an applicant must be selected from the group of call signs corresponding to the same or lower class of operator license held by the applicant as designated in the sequential call sign system.

      (1) The applicant must request that the call sign shown on the license grant be vacated and provide a list of up to 25 call signs in order of preference. In the event that the Commission receives more than one application requesting a vanity call sign from an applicant on the same receipt day, the Commission will process only the first such application entered into the Universal Licensing System. Subsequent vanity call sign applications from that applicant with the same receipt date will not be accepted.

      (2) The first assignable call sign from the applicant's list will be shown on the license grant. When none of those call signs are assignable, the call sign vacated by the applicant will be shown on the license grant.

      (3) Vanity call signs will be selected from those call signs assignable at the time the application is processed by the FCC.

      (4) A call sign designated under the sequential call sign system for Alaska, Hawaii, Caribbean Insular Areas, and Pacific Insular areas will be assigned only to a primary or club station whose licensee's mailing address is in the corresponding state, commonwealth, or island. This limitation does not apply to an applicant for the call sign as the spouse, child, grandchild, stepchild, parent, grandparent, stepparent, brother, sister, stepbrother, stepsister, aunt, uncle, niece, nephew, or in-law, of the former holder now deceased.

   Q.  Who does the FCC consider to be an in-law of the deceased?

   A.  Section 97.3(a)(27) defines an in-law to be a parent, stepparent, sibling, or step-sibling of a licensee's spouse; the spouse of a licensee's sibling, step-sibling, child, or stepchild; or the spouse of a licensee’s spouse’s sibling or step-sibling. 

   Q.   What are the rules about cancellation of a license on account of the licensee’s death?

   A.  It is in Section 97.31.  It reads as follows:

§ 97.31 Cancellation on account of the licensee’s death.

   (a) A person may request cancellation of an operator/primary station license grant on account of the licensee’s death by submitting a signed request that includes a death certificate, obituary, or Social Security Death Index data that shows the person named in the operator/primary station license grant has died.  Such a request may be submitted as a pleading associated with the deceased licensee’s license.  See section 1.45 of this chapter.  In addition, the Commission may cancel an operator/primary station license grant if it becomes aware of the grantee’s death through other means.  No action will be taken during the last thirty days of the post-expiration grace period (see section 97.21(b) of this chapter) on a request to cancel a license due to the licensee’s death.

   (b) A license that is canceled due to the licensee's death is canceled as of the date of the licensee’s death. 

   Q.  My grandfather passed away last month. I would like to have his call sign W3***.  He was an Extra.  I am a Technician.  How can I obtain his call sign?  

   A. It appears there is a good chance that you, as a close relative (spouse, child, grandchild, stepchild, parent, grandparent, stepparent, brother, sister, stepbrother, stepsister, aunt, uncle, niece, nephew, or in-law), could obtain the former call sign of your deceased grandfather under Section 97.19(c)(3).  A 1X3 call sign is in Group C.  Any class of operator license, except Novice, is eligible to request a Group C call sign.  Section 97.19(c)(3) provides a two-year hold period window during which a close relative can request the former station call sign of the deceased.  Under Section 97.19(c), the hold period started on the date of your grandfather’s death.  During this hold period, the call sign can also be requested by a close relative of another deceased person who held the call sign before your grandfather as well as by a club under the in memoriam provision.  After that, the call sign becomes available under the first-come-first-served provision. Unless you are absolutely certain, therefore, that no one else will apply for the call sign during the two-year window, you should apply as soon as possible so as to be the earliest requester.  Read Call Sign Systems Vanity. 

   Note that the relatives of the SK as well as the relatives of other SK former holders of the call sign do not have to wait the hold period.  Moreover, any one of these relatives - even those who are not amateur operators - can give consent to any club to apply for the call sign.  Additionally, any former holder of the call sign may request it even if it has been unassigned less for less than two years.      

  No eligible person has filing priority over another.  It is first-come, first-served.  Unless you are absolutely certain, therefore, that no one else will apply for the call sign during the hold period, you should apply as soon as possible so as to be the earliest requester.

   Q.  I hold an Advanced Class operator license.  About 18 months ago, the ham who acquired my deceased father’s long-time 1X2 call sign moved to another call sign region and acquired a different call sign.  I would really like to obtain my father’s old call sign.  What must I do?

   A.  Act promptly.  Time is running out for you to take advantage of your close relative status.  When the most-recent holder relinquished the call sign, the hold period began, after which the call sign will  become available under the first-come, first-served “by list” provision in the vanity call sign system.  See Section 97.19(c)(2).  As a close-relative of the deceased, however, you are eligible to apply during the hold period. 

  But first, you have to tend to the matter of upgrading.  That 1X2 call sign is in Group A and, as such, can be assigned only to a station whose licensee holds the Amateur Extra Class.

   Q.  My question is about the assignment of a vanity call sign during the hold period to a person related to a SK.  Does the applicant have to be related to the last person the call sign was assigned to or can the applicant be a relative of any person that held the call in the past?  The person that held WØ** before me let it expire but he is still alive.  When I pass on, I would love to have this call go to someone in his family.  I know he has relatives that now are Techs and Generals.  I want to get one of them upgraded to Extra Class so if anything happens to me they could put in for the call.  As near as I can see the rules would allow for this in that they do not say the relative has to be a relative of the last person to hold the call sign. Am I correct?

   A.  Yes.  The exception that permits a relative of a former holder now deceased to request a call sign during the hold period is available to a relative of any former holder of a call sign – not just the most recent former holder.  The operative rule is Section 97.19(c)(3).  Call sign WØ** is of the 1X2 format and - as such - is in Group A.  When the holder dies or fails to renew the license, the call sign becomes available to the vanity call sign system after the hold period.  It is only available to a station licensee who also holds an Amateur Extra Class operator license unless the applicant is a former holder of the call sign.  

    Section 97.19(c)(3), however, provides an exception to the hold period for an applicant who is a close relative of any now-deceased former licensee who held the call sign.  These relatives are the:  spouse, child, grandchild, stepchild, parent, grandparent, stepparent, brother, sister, stepbrother, stepsister, aunt, uncle, niece, nephew, or in-law.  As soon as the status of the license grant is changed from active to cancelled on the ULS database, an otherwise eligible close relative of any former holder of that particular call sign, now deceased, may request the call sign.   

   Do not apply for any vanity call sign while it shows active on the ULS.

Revised June 23, 2011

Supersedes all prior editions

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