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                       FEDERAL COMMUNICATIONS COMMISSION

                               ENFORCEMENT BUREAU

                              SOUTH CENTRAL REGION

                                 Atlanta Office

                           3575 Koger Blvd., Ste. 320

                               Atlanta, GA 30096

                               November 12, 2009

   Harris Teeter, Inc.

   701 Crestdale Road

   Matthews, NC 28105

                         NOTICE OF UNLICENSED OPERATION

   Case Number: EB-09-AT-0054 Document Number: W201032480002

   On October 22, 2009, in response to an interference complaint from US
   Cellular and Verizon Wireless, agents from this office confirmed by
   direction finding techniques that radio signals on the 824-849 MHz band
   were emanating from a newly constructed Harris Teeter supermarket on
   Spartanburg Highway in Hendersonville, NC. The agents, accompanied by the
   manager of the older Harris Teeter, located across the street, inspected
   the new Harris Teeter and found a  bi-directional amplifier ("BDA") or
   signal booster in use.  During the inspection, the manager disabled the
   BDA. 

   US Cellular and Verizon Wireless have licenses to provide cellular
   communications in the 824-849 and 869-894 MHz bands. Section 22.383 of the
   Commission's Rules, which applies to public mobile service licensees like
   US Cellular and Verizon Wireless, provides that "[l]icensees may install
   in-building radiation systems without applying for authorization or
   notifying the FCC, provided that the locations of the in-building
   radiation systems are within the protected service area of the licensee's
   authorized transmitter(s) on the same channel or channel block." A
   licensee's authority to install a BDA does not permit a subscriber to
   install a BDA, unless that subscriber has received explicit authorization
   from the licensee to do so. In response to an inquiry from an FCC agent,
   US Cellular and Verizon Wireless reported that they did not provide you
   authorization to install a BDA.

   Operation of radio transmitting equipment without a valid FCC
   authorization or license is a violation of Section 301 of the
   Communications Act of 1934, as amended, and may subject the responsible
   parties to substantial monetary forfeitures, in rem arrest action against
   the offending radio equipment, and criminal sanctions including
   imprisonment. Because unlicensed operation creates a danger of
   interference to important radio communications services and may subject
   the operator to severe penalties, this warning emphasizes the importance
   of complying strictly with these legal requirements.

   OPERATION OF THIS PROHIBITED RADIO STATION, AS WELL AS SIMILAR
   UNAUTHORIZED INSTALLATIONS, MUST NOT RESUME.

   You have ten (10) days from the date of this notice to respond with any
   evidence that you have authority to operate granted by the FCC or have
   obtained consent from a licensed Common Carrier. To resolve the issues
   with respect to your authority to operate this device, and pursuant to
   Section 403 of the Communications Act of 1934, as amended, provide an
   explanation as to what has been done to correct the interference issue and
   to ensure that it will not recur; provide any agreements made with any
   cellular carrier to operate the system and include any relevant documents.
   Identify the make, model and serial number of each piece of equipment
   including the antennas if applicable.

   Your response should be sent to the address in the letterhead and
   reference the listed case and document number. Under the Privacy Act of
   1974, 5 U.S.C. S: 552a(e)(3), we are informing you that the Commission's
   staff will use all relevant material information before it to determine
   what, if any, enforcement action is required to ensure your compliance
   with FCC Rules. This will include any information that you disclose in
   your reply.

   You may contact this office if you have any questions.

   Sincerely,

   Douglas G. Miller

   District Director

   Atlanta Office

   South Central Region

   Attachments:

   Excerpts from the Communications Act of 1934, As Amended

   Enforcement Bureau, "Inspection Fact Sheet", July 2003

   Section 22.99 of the Rules defines "signal booster" as a "stationary
   device that automatically reradiates signals from base transmitters
   without channel translation, for the purpose of improving the reliability
   of existing service by increasing the signal strength in dead spots." 47
   C.F.R. S: 22.99.

   47 C.F.R. S: 22.383.

   47 U.S.C. S: 301.

   See 47 U.S.C. S:S: 401, 501, 503, 510.

   47 U.S.C. S: 403.