Saturday, December 31, 2011

NYT: CEO stock options yield tax boon for firms

The stock market?s rebound from the financial crisis three years ago has created a potential windfall for hundreds of executives who were granted unusually large packages of stock options shortly after the market collapsed.

Now, the corporations that gave those generous awards are beginning to benefit, too, in the form of tax savings.

Thanks to a quirk in tax law, companies can claim a tax deduction in future years that is much bigger than the value of the stock options when they were granted to executives. This tax break will deprive the federal government of tens of billions of dollars in revenue over the next decade. And it is one of the many obscure provisions buried in the tax code that together enable most American companies to pay far less than the top corporate tax rate of 35 percent ? in some cases, virtually nothing even in very profitable years.

In Washington, where executive pay and taxes are highly charged issues, some critics in Congress have long sought to eliminate this tax benefit, saying it is bad policy to let companies claim such large deductions for stock options without having to make any cash outlay. Moreover, they say, the policy essentially forces taxpayers to subsidize executive pay, which has soared in recent decades. Those drawbacks have been magnified, they say, now that executives ? and companies ? are reaping inordinate benefits by taking advantage of once depressed stock prices.

A stock option entitles its owner to buy a share of company stock at a set price over a specified period. The corporate tax savings stem from the fact that executives typically cash in stock options at a much higher price than the initial value that companies report to shareholders when they are granted.

But companies are then allowed a tax deduction for that higher price.

For example, in the dark days of June 2009, Mel Karmazin, chief executive of SiriusXM Radio, was granted options to buy the company stock at 43 cents a share. At today?s price of about $1.80 a share, the value of those options has risen to $165 million from the $35 million reported by the company as a compensation expense when they were issued.

If he exercises and sells at that price, Mr. Karmazin would, of course, owe taxes on the $165 million as ordinary income. The company, meanwhile, would be entitled to deduct the $165 million as additional compensation on its tax return as if it had paid that amount in cash. That could reduce its federal tax bill by an estimated $57 million, at the top corporate tax rate.

SiriusXM did not respond to repeated requests for comment.

Dozens of large grants
Dozens of other major corporations doled out unusually large grants of stock options in late 2008 and 2009 ? including Ford, General Electric, Goldman Sachs, Google and Starbucks ? and soon may be eligible for corresponding tax breaks.

Executive compensation experts say that barring another market collapse, the payouts to executives ? and tax benefits for the companies ? will run well into the billions of dollars in the coming years. Indeed, of the billions of shares worth of options issued after the crisis, only about 11 million have thus far been exercised, according to data compiled by InsiderScore, a consulting firm that compiles regulatory filings on insider stock sales.

?These options gave executives a highly leveraged bet that stock prices would rebound from their 2008 and 2009 lows, and are now rewarding them for rising tides rather than performance,? said Robert J. Jackson Jr., an associate professor of law at Columbia who worked as an adviser to the office that oversaw compensation of executives at companies receiving federal bailout money. ?The tax code does nothing to ensure that these rewards go only to executives who have created sustainable long-term value.?

For some companies, awarding stock options can seem like a tempting bargain, since there is no cash outlay and the tax benefits can exceed the original cost.

Under standard accounting rules, companies calculate the fair market value of the options on the date they are granted and report that value as an expense, disclosed in regulatory filings. But the Internal Revenue Service allows companies to claim a tax deduction for any increase in value when those options are exercised, usually years later at a much higher price. The tax savings are listed in regulatory filings as ?excess tax benefits from stock-based compensation.?

For most companies, the primary advantage of using options is that options allow them to award large bonuses without actually depleting their cash, said Alan J. Straus, a New York tax lawyer and accountant. ?But the tax treatment is a nice bonus,? he said. ?It?s the only form of compensation where a company can get a deduction without having to come up with cash.?

Some corporate watchdog groups, and a few members of Congress, call the corporate tax deduction an expensive loophole.

Many tax lawyers and accountants counter that the tax deduction is justifiable because the options represent a real cost to the company. And because the executives who exercise their options are taxed at high individual rates, the companies say that a change would result in an unfair form of double taxation.

Yet even those who support the existing tax policy say it was opportunistic for executives to avail themselves of big increases in stock options ? which are supposed to be a performance-based reward ? when a marketwide collapse meant that most companies? stock price seemed destined to go up.

The increases in the value of options granted during the financial crisis would not just cost the Treasury. Shareholder advocates and corporate governance experts say they come at the expense of other investors, too, whose stake in the company is diluted.

Well before the market downturn, hundreds of American corporations reduced their tax bills by billions of dollars a year through their shrewd use of stock options. A decade ago, companies like Cisco and Microsoft were widely criticized because their stock options created such big deductions that, in some years, they paid no federal taxes at all. When shareholders and regulators complained about the excessive use of stock options, Microsoft temporarily stopped issuing them in 2003.

From 2005 to 2008, Apple reported that the options exercised by its employees cut its federal income tax bill by more than $1.6 billion. Stock options reduced Goldman Sachs?s federal income tax bill by $1.8 billion during that period, and Hewlett-Packard?s by nearly $850 million, according to filings by the companies.

Treatment justified
Companies say the tax treatment is justified because they are deducting the cost of paying an employee, just as they would if they paid a salary in cash.

Senator Carl Levin, a Michigan Democrat, has tried for nearly a decade to eliminate the tax break, which affects the most commonly granted stock options. He has introduced a bill that would limit a company?s tax deduction for options to the same amount declared on its financial books. His proposal would also count options toward the maximum of $1 million that companies can deduct for an executive?s pay each year (outside of performance-based bonuses).

The bipartisan Joint Committee on Taxation has estimated that if the senator?s proposal were enacted, it would add $25 billion to the Treasury over the next decade.

Stock options became a popular reward for top executives in the 1990s after Congress imposed the $1 million cap. They lost a little of their appeal after accounting changes in 2005 forced companies to start counting the value of the options as an expense. Scandals over the backdating of options also made some companies wary. Restricted stock and other forms of equity sometimes replaced options. Once the stock market dropped in the fall of 2008, however, there was a spike in the number of options granted by companies. According to regulatory filings compiled by Equilar, an executive compensation consulting firm, the number of options issued by companies in the Standard & Poor?s 500 jumped to 2.4 billion in 2009 from 2.1 billion in 2007, though they had been on the decline since 2003.

Goldman Sachs granted 36 million stock options in December 2008, 10 times more than the previous year.

General Electric, which granted 18 million options in 2007 and 25 million options in 2008, granted 159 million in 2009 and 105 million in 2010.

Some companies say that their options awards in 2008 and 2009 were decided before it was clear the stock market would recover. Others say that because share prices had plunged, they had to issue more options to reach the target compensation for their top executives.

General Electric acknowledged that it issued far more options after the market collapse because they offered a cheaper way to pay executives than restricted stock and other forms of compensation. A G.E. spokesman, Andrew Williams, said that tax considerations did not play a role in that decision.

To be sure, some executives whose option values have skyrocketed can point to notable accomplishments. Howard Schultz, chief executive of Starbucks, was granted options valued at $12 million in November 2008 that are today worth more than $100 million. In the years since, Starbucks has laid off thousands of employees, closed hundreds of stores and retooled its business plan. The strategy reversed the company?s slide in earnings. Shares of Starbucks, which traded in the $30s during much of 2008 and fell below $8 after the near collapse, closed Thursday at $46.45.

But other companies whose executives have already cashed in some options issued during the crisis have not performed particularly well compared with their peers. The oil drilling company Halliburton is one.

And some financial services companies that have seen the value of the options they issued after the market collapse rise significantly ? including Goldman Sachs and Capital One Financial ? were able to weather the crisis, in some part, because of the billions in federal bailout money they received.

?The reason the C.E.O.?s and corporate boards gave all those options during the crisis is because they expected the market to recover ? and because the economy is cyclical, everyone knew it would recover,? said Sydney Finkelstein, a professor of management at Dartmouth?s Tuck School of Business. ?And the whole game is played with other people?s money ? the market?s money and the taxpayers? money.?

This story appeared in the New York Times on Dec. 30 as "Tax Benefits From Options as Windfall for Businesses."

Copyright ? 2011 The New York Times

Source: http://www.msnbc.msn.com/id/45824495/ns/business-us_business/

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CBS, Univision take top spot (Reuters)

NEW YORK (TheWrap.com) ? CBS and Univision tied for first place in the ratings Tuesday, a very slow night in which the "Kennedy Center Honors" was the only new show on the Big 4 networks.

Both Univision and CBS scored a 1.4 overall rating in the 18-49 demographic.

The top-rated show was an "NCIS" rerun on CBS at 8p.m. It scored a 2.1 rating in the demographic and 6 share, and 12.5 million total viewers, which also made it the most-watched show of the night.

CBS aired the sole new show on the Big 4 networks, "The Kennedy Center Honors," which earned a soft 1.1 rating/3 share, as well as 8.4 million total viewers. It was the second-most watched show of the night.

Univision's "Una Familia con Suerte" at 8p.m. earned a 1.7/5 and 3.9 million total viewers. At 10p.m., "Aqu? y Ahora" scored a 1.0/3 and 2.4 million.

It was the second consecutive night of a No. 1 ratings finish for Univision. The network also benefited from rerun-heavy slates on the major networks Monday. It edged out CBS.

Source: http://us.rd.yahoo.com/dailynews/rss/tv/*http%3A//news.yahoo.com/s/nm/20111228/tv_nm/us_tvratings

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Friday, December 30, 2011

Critic's Notebook: In a Rough Year, London Theaters Embraced Comedy and a Deluge of Shakespeare

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Source: www.nytimes.com --- Tuesday, December 27, 2011
Highlights of 2011 included Richard Bean's "One Man, Two Guvnors" and a revisionist "Hamlet," starring Michael Sheen. ...

Source: http://feeds.nytimes.com/click.phdo?i=5a05dd55a5e84603190a5a046d6f805f

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Jessica Chastain takes Palm Springs fest honors (Reuters)

LOS ANGELES (TheWrap.com) ? The Palm Springs International Film Festival has now stocked its annual Awards Gala with 14 honorees, adding actress Jessica Chastain and composer Howard Shore to its previously announced lineup.

Chastain will receive the festival's Spotlight Award at the January 7 gala, while Shore will get the Frederick Loewe Music Award.

Also receiving awards at the gala are George Clooney, Glenn Close, Stephen Daldry, Michel Hazanavicius, Gary Oldman, Brad Pitt, Octavia Spencer, Michelle Williams and the creative team behind "Young Adult": director Jason Reitman, screenwriter Diablo Cody and stars Charlize Theron and Patton Oswalt.

The two new honorees will complete the lineup.

Chastain had seven movies released in 2011, including "The Tree of Life," "The Help," "Take Shelter," "The Debt" and "Coriolanus."

Shore wrote the music for David Cronenberg's "A Dangerous Method" and Martin Scorsese's "Hugo," though PSIFF says he will be receiving the award for the latter film.

In a press release announcing the awards, festival chairman Howard Matzner called Chastain "one of the cinema's most versatile and most sought after young actresses," and termed Shore "a master composer who has consistently delighted audiences of the more than 80 films he has scored."

The 23rd Palm Springs International Film Festival will begin on January 5 and run through January 16 in the desert resort town east of Los Angeles.

Source: http://us.rd.yahoo.com/dailynews/rss/movies/*http%3A//news.yahoo.com/s/nm/20111228/media_nm/us_jessicachastain

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Thursday, December 29, 2011

Venezuela to remove breast implants for free

EDITORS NOTE NUDITY - FILE - In this Jan. 22, 2007 file photo, a plastic surgeon performs breast implant surgery in Caracas, Venezuela. Venezuela is offering free surgeries for women to remove faulty French-made breast implants, the country's top health official said on Tuesday Dec. 27, 2011. France's health system has recommended that women with the PIP implants get them replaced, and has agreed to pay for surgeries. In Brazil and Argentina, however, health officials just recommend checkups. (AP Photo/Leslie Mazoch, File)

EDITORS NOTE NUDITY - FILE - In this Jan. 22, 2007 file photo, a plastic surgeon performs breast implant surgery in Caracas, Venezuela. Venezuela is offering free surgeries for women to remove faulty French-made breast implants, the country's top health official said on Tuesday Dec. 27, 2011. France's health system has recommended that women with the PIP implants get them replaced, and has agreed to pay for surgeries. In Brazil and Argentina, however, health officials just recommend checkups. (AP Photo/Leslie Mazoch, File)

(AP) ? Venezuela is offering free surgeries for women to remove faulty French-made breast implants, the country's top health official said.

Health Minister Eugenia Sader said women with implants made by the now-defunct French company Poly Implant Prothese may go to hospitals that carry out plastic surgery to have the implants removed, the state-run Venezuelan News Agency reported.

Sader said Tuesday that the free procedure will simply be to remove the implants and will not include replacing them.

"Those patients are running a risk," Sader said. However, she said, women need not seek emergency care and instead may visit hospitals at their convenience.

France's health system has recommended that women with the PIP implants get them replaced, and has agreed to pay for surgeries. In Brazil and Argentina, however, health officials just recommend checkups.

It's unclear how many women have the PIP implants in Venezuela, where breast enlargement surgery is popular and doctors say the French implants used to be widely used.

An estimated 35,000 to 40,000 women in the country have breast enlargement surgery each year, said Dr. Marisol Graterol, president of the Venezuelan Society of Plastic and Reconstructive Surgery.

Venezuelan President Hugo Chavez has criticized the widespread popularity of breast surgery, saying women shouldn't be sold on an image that big bosoms are attractive.

The plastic surgery society recommended last week that women with PIP breast implants see a doctor to have them checked. Graterol said doctors should decide depending on each patient's situation whether or not the implants need to be removed.

Sales of PIP implants were halted in Venezuela in April 2010, Graterol said.

Plastic surgeon Dr. Henry Saud said he removed ruptured PIP implants from more than 10 patients during the past year.

In some cases, his patients hadn't noticed anything wrong and the leaking implants were detected during imaging exams, Saud said. In other cases, "they felt discomfort and had swelling."

"It used to be one of the most-used brands," Saud said. Most of the women opted to replace the PIP implants with those of other brands, he said.

Associated Press

Source: http://hosted2.ap.org/APDEFAULT/cae69a7523db45408eeb2b3a98c0c9c5/Article_2011-12-28-LT-Venezuela-Breast-Implants/id-f7425cc5d13b466caffc98d67cf243c7

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Standard Life hires president, CEO of Canada

BBR Staff Writer
Published 26 December 2011

Standard Life, a UK based provider of long term savings and investments solutions, has appointed Charles Guay as president and CEO of Standard Life Canada.

In his role, Guay will be based at the group's Canadian head office in Montreal.

Guay will replace Joseph Iannicelli who intends to leave Standard Life in May 2011, and will begin as CEO with effect from 1 February 2012, followed by Iannicelli's departure on 14 February 2012.

Guay joins Standard Life from National Bank of Canada where he is currently Senior Vice President, Strategies, Marketing and Investment Solutions, Wealth Management; and President and Chief Executive Officer, National Bank Securities.

Standard Life CEO David Nish said that Canada is a very important market for Standard Life and our business is performing well.

Source: http://assetmanagement.banking-business-review.com/news/standard-life-hires-president-ceo-of-canada-261211

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Wednesday, December 28, 2011

Obama OK's online gambling in states (Politico)

Merry Christmas to the online gambling industry.

The Obama administration has cleared the way for states to legalize online poker and other forms of virtual gambling with the release of a new interpretation of the law, reports the Associated Press.

Continue Reading

The Justice Department opinion, dated September but only released Friday, holds that the Wire Act of 1961 does not make it illegal for states to use the internet to sell lottery tickets to adults.

Previously, the Justice Department has held that wagers through telecommunications that cross state lines or international borders were illegal.

The question at issue in the Justice Department?s decision was confined to whether states like Illinois and New York could sell lottery tickets online to in-state adults, but the principles behind the DoJ?s decision has wide-ranging effects throughout the industry.

The Justice Department said that the ?ordinary meaning of the phrase ?sporting event or contest? does not encompass lotteries,? which sparks a precedent in interpretation that could free up states to legalize other forms of virtual gambling.

?The United States Department of Justice has given the online gaming community a big, big present,? said I. Nelson Rose, a gaming law expert who consults for governments and the industry, according to the AP.

The new decision would eliminate ?almost every federal anti-gambling law that could apply to gaming that is legal under state laws,? Rose wrote on his blog.

If a state were to legalize intra-state gambling, ?there is simply no federal law that could apply,? given the new decision, he said, according to the AP.

Source: http://us.rd.yahoo.com/dailynews/rss/politics/*http%3A//us.rd.yahoo.com/dailynews/external/politico_rss/rss_politico_mostpop/http___www_politico_com_news_stories1211_70857_html/44006418/SIG=11mai6blb/*http%3A//www.politico.com/news/stories/1211/70857.html

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How To: Redownload an iPad app (Digital Trends)

Accidents happen. You?re going along and then suddenly your favorite app is gone.?Whether you?ve purposely or accidently deleted an app from your iPad, it?s a surprisingly simple process to get it back, and you can do it all from your iPad.

Before we get into the process, we do recommend that you back up your iPad in general. This will help prevent loss of data and apps. This is recommended generally for most of your important data carriers like your computer, iPod, smartphone, etc.?

1. Open iTunes on the iPad.

2. Log into your iTunes account. Make sure that it???s the same account that you used to originally purchase the app.

3. Search for the app in the iTunes store and tap it. Tap ???Buy App??

4. Tap ?Okay? when it prompts if you want to download the app again for free.?

5. Again, make sure that you back up the app on your computer to help prevent future issues. 

This article was originally posted on Digital Trends

More from Digital Trends

How To: Register an Apple iPad

How to turn off in-app purchases on Apple products

How To: Lock Screen Rotation on the iPad

How To: Make an iPad a Wi-Fi Hotspot

Source: http://us.rd.yahoo.com/dailynews/rss/applecomputer/*http%3A//news.yahoo.com/s/digitaltrends/20111226/tc_digitaltrends/howtoredownloadanipadapp

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Tuesday, December 27, 2011

FilmIn.com gibt College Football- und Basketball-Kan?le f?r das Internet bekannt

FilmOn macht den Spitzen-Sport-Networks der Branche durch die Schaffung neuer Paradigmen im Live-Sportfernsehen direkte Konkurrenz

BEVERLY HILLS, Kalifornien--(BUSINESS WIRE)--FilmOn.com Inc., die US-Abteilung des weltgr??ten Internet-basierten HD-Fernsehdiensteshttp://www.FilmOn.com, hat eine Partnerschaft mit XOS Digital, dem f?hrenden Provider von Content-Management-Redaktionssysteml?sungen f?r Colleges und professionelle Sportorganisationen bekannt gegeben. Die Partnerschaft wird zwei neue erstklassige College Sport-Networks f?r FilmOn ins Leben rufen.

"Wir sind h?chst begeistert dar?ber, unserem Sportangebot nunmehr auch NCAA Spiele hinzuzuf?gen. Die Liste wird Football und Basketball der laufenden Saison und Archiv-Spiele in den FilmOn College-Sport Networks anbieten", sagte Gr?nder und Gesch?ftsf?hrer Alki David.

"Fr?her in diesem Jahr starteten wir den ersten Internet-Fu?ballkanal zusammen mit der britischen UK Premiership und der Football Association. Wir erkennen den fantastischen Wert des Sports im Online-Fernsehen, und wir werden 2012 weiterhin wachsende Angebote mit hochaktuellem Sport Live zur Verf?gung stellen. Das beginnt jede Woche mit russischem Live-Fu?ball der russischen Premier League. Wir konkurrieren direkt mit den f?hrenden Sportprogrammen der Branche und schaffen neue Paradigmen im Internet-Fernsehmarkt."

?ber FilmOn.com Inc.

FilmOn.com wurde durch den Medienmogul Alki David als eine Bezahlfernsehplattform mit hochdefiniertem HD IPTV-Streaming f?r Computer, Tablets und mobile Ger?te, einschlie?lich Roku und andere Set Top Boxes gegr?ndet. FilmOn bietet auch schl?sselfertige Internetprovider-L?sungen in der Content- und Technologie-Markenbildung.

FilmO.com Plc. ist ein in Frankfurt ans?ssiges Unternehmen (Firmensymbol ist FMX), betrieben durch US- und britische Managementteams mit B?ros in Beverly Hills und London und mit Datenzentren in Los Angeles, New York, Amsterdam und Genf.

?ber XOS Digital, Inc.

{ut} Gegr?ndet 1999, ist XOS Digital der f?hrende Provider digitaler Aktivmanagementl?sungen f?r Hochschul- und professionelle Sportorganisationen. Offizielle Pers?nlichkeiten der beteiligten Organisationen, Liga-B?ros, Trainings-Expertenst?be und Athletik-Abteilungen verlassen sich auf das Produktangebot und auf Dienste von XOS, um ihre digitalen Aktivposten zu managen, zu analysieren, zu archivieren, zu verteilen, zu sch?tzen und zu Geld zu machen.

Photos/Multimedia?Galerie verf?gbar: http://www.businesswire.com/cgi-bin/mmg.cgi?eid=50116471&lang=de

Die Ausgangssprache, in der der?Originaltext ver?ffentlicht wird, ist die offizielle und autorisierte Version. ?bersetzungen werden?zur besseren Verst?ndigung?mitgeliefert.?Nur die Sprachversion, die im Original ver?ffentlicht wurde, ist rechtsg?ltig. Gleichen Sie deshalb ?bersetzungen mit?der originalen Sprachversion der Ver?ffentlichung ab.

Source: http://www.businesswire.com/news/home/20111226005042/de

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Program Helps Women With Post-Cancer Fatigue - Health News ...

POSTED: 11:54 am EST December 26, 2011
UPDATED: 1:53 pm EST December 26, 2011

One of the big complaints of cancer patients who have gone through surgery and chemo is that, even a couple years after the fact, there is overwhelming fatigue and not being able to feel like their old selves.As WBAL?s Donna Hamilton reported in Monday?s Woman?s Doctor, there is a program to help women with that. It?s called Be Well, Stay Healthy. Lisa Horton, a 55-year-old pediatrician, went through a mastectomy, chemo and breast reconstruction in late 2007 and early 2008. She couldn?t shake the fatigue.?It was beginning to affect how much work I could get done,? Horton said. ?It was affecting my social life, and I couldn't understand why I was still tired.? Mercy Medical Center Dr. Kath Helzlsouer said that?s a common complaint after cancer. A pilot study was done on ways to get energy back, and it reduced fatigue by almost 40 percent. ?It was quite an impact,? Helzlsouer said. ?It was better than any other intervention we have out there, including depression and mood too. It was quite an impact.?The program deals with the mind-body connection and includes teaching exercise ideas, group support, diet and taking time for one?s self.?People know what they need to do, it?s how do you go about doing it,? Helzlsouer said. ?So exercise is an important thing to do to reduce fatigue. And it's also important for weight control, and weight is a problem a lot of women have, especially with chemotherapy.?The program struck a chord with Horton, who said she previously shied away from the camera.?I lost 70 pounds. I exercise three to five days a week,? she said. ?If I miss it, I feel it. I'm not obsessed with exercise. It's just a part of what I do.?She called what has happened a metamorphosis and said she feels healthier than she did at 26 years old.The Be Well, Stay Healthy program is free and is recommended for cancer patients after they?ve completed treatment.Anyone can attend, not just patients at Mercy, Hamilton said.

? 2011 by WBALTV.com. All rights reserved. This material may not be published, broadcast, rewritten or redistributed. Contact Us

Source: http://www.wbaltv.com/health/30075851/detail.html

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Monday, December 26, 2011

Washington Capitals (17-14-2) at Buffalo Sabres (16-15-3), 7 p.m. (ET)

December has not been a good month for the Buffalo Sabres. Tonight, Lindy Ruff's club will try to avoid their first four-game losing streak of the season when it hosts the Washington Capitals at First Niagara Center.

Buffalo was dealt its third straight loss Thursday in Toronto, dropping the Sabres to 3-5-2 this month. The Sabres, who are 12 points behind Boston for first place in the Northeast Division, are just 6-10-3 over their last 19 trips to the ice.

The Sabres were outscored by a combined 15-6 margin during a recent 0-3 road trip. The most recent setback came in a 3-2 setback to the Maple Leafs, who received 40 saves from goaltender James Reimer.

Jason Pominville had a goal and an assist while Derek Roy scored the other goal for the Sabres, who have lost five of their last six. Ryan Miller turned aside 28 shots in the loss.

"We're trying to keep the belief that effort equals opportunity, and opportunity is what you need in this league," said Miller. "We have to keep giving ourselves a chance."

Sabres forwards Thomas Vanek is questionable for tonight's game after leaving Thursday's game with an undisclosed injury. Vanek is leading the Sabres with 17 goals and his 36 points leave the Austrian sniper one point behind Pominville for the team lead.

Buffalo is 8-9-3 as the host this season and will play its next two games on the road in New Jersey and Washington.

The Capitals also lost their last game before Christmas break, as they were dealt a shootout loss by Martin Brodeur and the New Jersey Devils. Brodeur stopped two skaters in the shootout, including a nifty glove save on Alex Ovechkin, to lift the Devils to a 4-3 win in Newark.

Washington erased a 3-0 deficit in the third period to get the game to overtime. Jason Chimera had the last two goals for Washington, including the equalizer with 1:42 remaining. Brooks Laich also scored while Michal Neuvirth had 25 saves for the Capitals, who have dropped three of five.

"We threw everything at 'em and the guys played hard to tie the game up," said Capitals head coach Dale Hunter. "We just went. We had nothing to lose."

Washington is just 6-9-1 as the guest this year and has dropped two straight on the road.

The Sabres slammed the Caps by a 5-1 score when the teams met in Buffalo on Nov. 26. That victory ended a three-game winning streak in the series for Washington, which has lost two of its last three in western New York.

Source: http://c.moreover.com/click/here.pl?r5664817500&f=378

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Russian Satellite Crashes in Latest Failed Rocket Launch (SPACE.com)

This story was updated at 12:51 p.m. EST.

A Russian communications satellite crashed just after liftoff Friday (Dec. 23) when its rocket apparently failed, the latest in a series of rocket launch failures for the country this year.

An unmanned Soyuz-2 rocket launched the Meridian military communications satellite from Plesetsk Cosmodrome in the Russian northern region. But the rocket failed to reach orbit, making it the?fifth failed space mission for Russia?in 2011.

"This area of the space industry is in sort of a crisis," ?Russian space agency chief Vladimir Popovin told reporters in a televised press conference today. "We can say even now that the problem lies in the engine." But more analysis is needed to be certain exactly what went wrong, ?he added.

Popovin was speaking in a press conference originally aimed to celebrate the successful docking of a different Russian spacecraft, the manned Soyuz TMA-03M space capsule, at the International Space Station earlier in the day. [Cosmic Fail: Space Launch Flops of 2011]

The capsule ferried three?new crewmembers to the space station, boosting the outpost's crew size to six for the first time since September, when it dropped to three people due to delays caused by another failed Russian rocket launch in August.

"I believe that tomorrow we'll have more results that we'll be able to tell you," Popovin said during today's press conference, which was held in Russian and translated on NASA TV. Popovin and other space officials left the conference after several questions about the launch failure despite a reminder that the briefing was targeted at the successful docking.

The Soyuz-2 rocket crashed near the city of Tobolsk in Siberia,?the Russian news agency Ria Novosti reported. The Soyuz-2 rocket is an upgraded version of the country's typically dependable Soyuz booster.

Russia's space launch woes

Russia's space launch troubles this year began in February, when a Rokot launch vehicle failed to deliver a military satellite called Geo-IK2 into the proper orbit. On Aug. 18, a different rocket design, called Proton, also delivered its $300 million satellite payload into the wrong orbit.

Less than a week later, a third-stage engine problem doomed yet another rocket launch, this time a Soyuz booster carrying the robotic cargo ship Progress 44, which crashed somewhere in Siberia instead of making a routine delivery flight to the International Space Station. It was this failure of Russia's normally dependable Soyuz rockets that forced Russian and U.S. space officials to ground all Soyuz flights ? including crew launches to the space station ? until after a full investigation could be performed.

Russia resumed Soyuz rocket launches in late October with the launch of a new unmanned Progress cargo ship. Two manned Soyuz space missions followed, mid- November and most recently on Dec. 21, to bring the space station back to its full six-person crew size.

But on Nov. 8, Russia was dealt another space setback when the country's first Mars-bound spacecraft in decades failed to leave Earth orbit. The Phobos-Grunt mission aimed to land a probe on the Mars moon Phobos, collect samples of the moon and return them to Earth. The spacecraft also carried a Chinese Mars orbiter.

But Phobos-Grunt has been trapped in Earth orbit for more than a month and is expected to plunge back to Earth by Early January.

Punishments possible

According to Ria Novosti reports earlier this month, Russian president Dmitry Medvedev?has even threatened to disciplinary action, heavy fines or criminal penalties for the country's recent space woes. In December 2010, Medvedev?formally reprimanded Anatoly Perminov, the previous chief of Russia's Federal Space Agency, and outright fired two other high-ranking space officials.

Popovin said an investigation into the failure will be performed in order to develop measures to fix any flaws in the Soyuz-2 rocket engine.

The next launch of a Russian-built rocket is slated for Dec. 26, when a Proton rocket is scheduled to launch a communications satellite from the Baikonur Cosmodrome in a mission overseen by the U.S.-based firm International Launch Services. The Proton rocket is a different design than the Soyuz-2 booster.

Another Soyuz rocket, this one managed by the European launch provider Arianespace, is scheduled to launch on Dec. 28.

You can follow SPACE.com Managing Editor Tariq Malik on Twitter?@tariqjmalik.?Follow SPACE.com for the latest in space science and exploration news on Twitter?@Spacedotcom?and on?Facebook.

Source: http://us.rd.yahoo.com/dailynews/rss/space/*http%3A//news.yahoo.com/s/space/20111223/sc_space/russiansatellitecrashesinlatestfailedrocketlaunch

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Sunday, December 25, 2011

MrArmstrong13: I asked @PhilDaniels93 & he said London is 137 years old ?@granthpaulsen London Fletcher's 17 (cont) http://t.co/YBWKJDg3

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I asked @PhilDaniels93 & he said London is 137 years old ?@granthpaulsen London Fletcher's 17 (cont) tl.gd/ettuca MrArmstrong13

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Source: http://twitter.com/MrArmstrong13/statuses/150729312667045888

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For Sale: Giant Slinky Suit, Like New Condition — $1,000,000 [Video]

Just think of the good you could do with $1 million in disposable cash. You could help charities, be the ultimate Secret Santa, even start your own orphanarium. Of you could buy the Veniamin Human Slinky costume on eBay. Decisions, decisions. More »


Source: http://feeds.gawker.com/~r/gizmodo/full/~3/Cjwguk_Opw8/for-sale-giant-slinky-suit-like-new-condition--1000000

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Saturday, December 24, 2011

myce: Sony reveals PS Vita memory card, game prices for North America http://t.co/mNz7wdXH #tech

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Source: http://twitter.com/myce/statuses/150004553897619456

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Fans sing Happy Birthday in front of Paterno home

(AP) ? About two dozen fans gathered briefly outside Joe Paterno's home Wednesday night to wish the former Penn State coach a happy 85th birthday and sing a Christmas carol.

Paterno's son, quarterback coach Jay Paterno, thanked the crowd on behalf of his father. He said that because of chemotherapy Paterno was a little weak so he couldn't come outside.

Joe Paterno has been diagnosed with what his family has called a treatable form of lung cancer.

"Happy birthday JoePa, Happy Birthday JoePa ... and many more," the fans serenaded several times to the tune of the traditional birthday song during their seven-minute visit. Most of the gathering, which included a few children, stayed on the sidewalk and just off the Paternos' property, about 30 feet from the front door.

Wearing rain slickers or hooded jackets, most fans gathered at a statue dedicated to Paterno outside Beaver Stadium and made the roughly 15-minute walk to Paterno's modest ranch home near the end of a dead-end street. The property is decorated with bright Christmas lights.

Fans said they began planning the visit about two weeks ago. They also delivered cards as part of a drive from a Penn State alumni group in Baltimore to send Paterno 109,000 birthday cards ? a number nearly identical to the capacity of Beaver Stadium.

Jay Paterno said he didn't know how many cards the family received, but joked they would have to weigh all of them.

"It was just to wish him a happy 85th birthday, have fun, show him our support and tell him we still love him," Sue Lelko, of Port Matilda, decked out in blue Penn State sweats, said about the trip to wish Paterno well.

Fans broke out into a chorus of "We Wish You a Merry Christmas after Paterno's wife, Sue Paterno, also came out briefly while trying to get grandchildren running in the yard to return home.

"Thank you very much and have a Merry Christmas," she said.

School trustees fired Paterno last month in the aftermath of child sex-abuse charges against retired defensive coordinator Jerry Sandusky.

Paterno testified before a grand jury investigating Sandusky about a 2002 allegation reported by a graduate assistant that Paterno then relayed to a superior, but prosecutors have said he is not a target of the probe. Sandusky is awaiting trial after pleading not guilty.

Paterno has called the allegations troubling and urged the public to let the legal process unfold. He initially announced his retirement Nov. 9, taking effect at the end of the season. That day, he called the scandal "one of the great sorrows of my life. With the benefit of hindsight, I wish I had done more." The trustees fired him about 12 hours later.

On Wednesday, a prominent Penn State donor, Anthony Lubrano, released a letter critical of the way Penn State leaders handled the initial week of the crisis.

Lubrano is a 1982 graduate whose name is on a state-of-the art baseball park that opened on campus in 2006. He said the letter was sent to fellow alumni.

In the letter with the subject heading of "Due Process," Lubrano said "In America, the presumption of innocence is a fundamental right. However, on the night of November 9th, a rush to judgment appeared to have occurred."

He wrote that others "outraged by the failure of the leadership of Penn State to allow for due process" sign a separate online petition. The petition contained nearly identical wording to an online letter of support signed by nearly 450 of Paterno's former players, including Heisman Trophy winner John Cappalletti, LaVar Arrington and current Raiders offensive lineman Stefen Wisniewski.

Lubrano said he coordinated with letter organizers after the former players released their statement of support Tuesday night.

"It's about celebrating Joe's birthday today. We just want to wish him well with his recovery and everything," one of the organizers, Hall of Famer and Nittany Lions standout tailback Lydell Mitchell, said Wednesday. "He's going through a stressful time right now."

___

Online: http://playersletterforjoepa.wordpress.com/

Associated Press

Source: http://hosted2.ap.org/apdefault/347875155d53465d95cec892aeb06419/Article_2011-12-22-Penn%20State-Paterno/id-5e49458bd45e4959b90d065721bab44e

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Friday, December 23, 2011

Politicians and Comic Relief: Bring it On (ContributorNetwork)

COMMENTARY | When politicians poke fun at themselves, it removes a layer of mystery that relates to their human side. In November, Rick Perry appeared on CBS' "Late Show with David Letterman" to read the top 10 things you'd like to hear him say. Of course, it was comical. This week, Mitt Romney loosened his tie and did the same. Both men exposed a down-to-earth side of their personality. Is this unbecoming to a presidential candidate? I love a politician who can make me laugh.

Honestly, I don't care for most politicians. I liken it to my loathing of calamari: no matter what sauce it's served in, it's still calamari. However, as a voter following the presidential hopefuls, I truly appreciate any humor that serves to soften the blow of the normal political campaign philosophy and nastiness.

At this moment, I can't recall a single thing any of the 2012 presidential candidates have babbled about so far. Perhaps I tend to tune most of that out right now. There is a long way to go in this race to the White House.

I can't forget, though, how darn funny it was to hear Rick Perry say on Letterman, "You try concentrating when Mitt Romney is smiling at you. That is one handsome dude!"

It's that kind of light-hearted moment that makes me stop and think, hey, maybe I've been too hard on this politician after all. Sometimes all it takes to sway me from a totally negative view of a politician is a good dose of humor.

Mitt Romney, in his appearance on Letterman, good-naturedly participated in reading the top 10 things he would like to say to the American people.

Even though he looked a tad uncomfortable in his humorous role, Romney faced the world and said, "Isn't it time for a president who looks like a 1970s game show host?"

He also said, "It's a hairpiece." It wasn't fall-down funny, but for me, it hit the spot. This simple humor did not make me fall in love with Romney. It did provide me with some relief from his often overconfident political strategies.

I can say I definitely like him more after seeing this frivolous side of him.

Any politician who steps away for a moment from hardball campaigning to trigger a few chuckles is OK in my book. It has no bearing on my vote, though.

Sometimes, especially in the political realm, a good laugh is critical. That goes for the politicians and the voters as well.

Source: http://us.rd.yahoo.com/dailynews/rss/politicsopinion/*http%3A//news.yahoo.com/s/ac/20111221/cm_ac/10725457_politicians_and_comic_relief_bring_it_on

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Mayor to SPD: Follow Federal Orders

Responding to a stern letter from the ACLU, Mayor Mike McGinn bent over backwards this afternoon to unequivocally announce that he will comply with the federal government's decree to clean up problems with excessive force at the Seattle Police Department.

"This morning I ordered Chief John Diaz to begin implementation of reforms outlined in the Department of Justice's report," McGinn said in a letter (.pdf). The mayor says he will impanel a public oversight board to oversee changes to the department, adding, "Let us be clear: we are committed to reform."

Facing the threat of a federal civil rights lawsuit if the city fails to comply "swiftly," McGinn says the city is already adopting several reforms:

1. Begin a "system of consistent supervision of patrol officers" on January 4.

2. Create a new "Force Review Board" and "Force Investigation" team to review use of force by Seattle police (the DOJ found that Seattle police used excessive force in 20 percent of all use-of-force incidents).

3. The Office of Professional Accountability, which administers internal discipline for misconduct, will simplify classifications for the outcome of its investigations to clearly identify which cases where they found evidence of wrongdoing.

4. Review all of the department's procedures "top to bottom."

5. Establish a new "Professional Standards" section.

"The Mayor's statement embracing the DOJ's recommendations for reform is a welcome and positive development," ACLU of Washington spokesman Doug Honig said in a statement late this afternoon. "The ACLU and other groups who wrote to the Mayor today look forward to working with City officials and the DOJ to bring about much-needed changes."

Source: http://slog.thestranger.com/slog/archives/2011/12/21/mayor-orders-the-chief-to-follow-dojs-orders

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Monday, December 19, 2011

Recommendations on Shopping For the Best Automobile insurance

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A copy of license quantity for each individual being from your insurance plan, people in your family that have the chance of driving a car your vehicle should be provided; this can be to stop the issue if the new driver unpublished in your policy were to enter a great accident while generating your vehicle. Any Sixth is v.We.And. per car to get in policy is also needed any time getting automobile insurance offer. If your auto will be leased as well as financed carry a replica of your respective lineholder?s name, handle as well as other contact information. Last but not least your major debit or credit card if you are ready to obtain car insurance.

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Figure out your car insurance policy requires; think about insurance boundaries, as well as functions that can supply you with the very best defense.

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Deductibles can help to eliminate your rates. Try to find features such as atmosphere luggage, anti-lock wheels, anti-theft products and also off-street parking. If the vehicle provides safety actions equipment such as anti-theft units these will give a reduce insurance plan rate. Even so remember that having raise your deductible and minimize coverage restriction may possibly grant anyone reduce payments but this may give you fiscally open.

Source: http://www.wsis-finance.org/2011/12/19/recommendations-on-shopping-for-the-best-automobile-insurance-insurance-plan/

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Sunday, December 18, 2011

Chinese Internet video firms tussle over copyright (Reuters)

SHANGHAI (Reuters) ? Chinese online video companies Tudou Holdings and Youku.com said they will sue each other for alleged copyright infringements of their videos.

Tudou said late on Monday that it would take legal action against Youku, China's top online video site, for allegedly reposting episodes of a popular variety program on Youku's platform.

Cti TV, the legal copyright holder of "Kangxi is Coming," signed an exclusive agreement with Tudou in November to distribute the episodes of the program on its platform, Tudou said in an emailed statement.

Tudou and Cti TV allege that the episodes were then copied by Youku and uploaded onto Youku's platform.

Youku subsequently countered on Friday that it would take legal action against Tudou, accusing Tudou of allegedly pirating more than 60 television serials from Youku.

Youku said in a statement that legal mediation between the two sides had failed.

The battle for content in China's online video space has heated up this year with costs for programs rising significantly as online video players scramble for eyeballs to lure advertisers.

Advertising revenue in the domestic online video market, which was virtually non-existent five years ago, is now estimated to be worth 1 billion yuan ($156.90 million). This is expected to grow at a double-digit rate.

Many online video players have also signed deals with Hollywood studios to boost viewership.

Shares of Tudou closed 2.51 percent lower on the Nasdaq on Thursday, while Youku fell 3.75 percent on the New York Stock Exchange.

($1 = 6.3735 Chinese yuan)

(Reporting by Melanie Lee; Editing by Jacqueline Wong and Matt Driskill)

Source: http://us.rd.yahoo.com/dailynews/rss/tech/*http%3A//news.yahoo.com/s/nm/20111216/wr_nm/us_tudou_youku

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Zynga falters in debut, sheds doubt on IPO market (Reuters)

NEW YORK/SAN FRANCISCO (Reuters) ? Online games developer Zynga Inc scored badly as it went public on Friday, dashing hopes for the year's hottest tech IPO, as investors frowned on its over-reliance on Facebook, dimming growth prospects, and outsized control by CEO Mark Pincus.

Zynga's stock fell 5 percent below its $10 initial public offering price to close at $9.50 on Nasdaq on Friday, dealing losses to IPO buyers used to racking up gains on a stock's first day of trading.

Investors had eagerly awaited the IPO as a way to get a slice of Facebook's growth before the leading social networking website goes public, possibly in 2012. Zynga makes money on Facebook by selling virtual items such as jewelry and poker chips in its games such as "FarmVille" and "CityVille."

At least one analyst said on Friday that some investors may have been turned off by Chief Executive Mark Pincus' large voting stake and control over the company. He has a special class of shares that grants him 37 percent voting power even though his equity stake is much lower, and public shareholders will have less than 2 percent of votes.

"We believe that having a CEO/owner-controlled board is particularly dangerous for investors in young companies," said Cowen and Co analyst Doug Creutz.

Creutz, who has a neutral rating on the stock, added that history is full of examples of CEOs who have built young companies but cannot manage them when they mature.

Asked about his voting shares, Pincus told Reuters he decided to retain such huge control over Zynga because he believed from the start that he was the best person to lead the company.

"Investors who want to see the company deliver long-term value are going to be better served by the fact that I can continue to ensure the company keeps its focus on the long term and we don't let short-term swings and opportunities reduce that," he said in an interview.

Based on Friday's closing share price, the value of Pincus' holdings fell to $1.05 billion from $1.1 billion at the IPO price.

Friday's flop stunned investors who had expected a strong showing because the company is profitable, unlike other recent high profile Internet IPOs such as Groupon and Pandora.

"I was stunned when I saw this. This is a disaster for them. The way you're supposed to price deals is to give investors a 15 percent IPO discount to compensate them for the risk of backing a relatively new company," said Dan Niles, chief investment officer of AlphaOne Capital Partners, who did not buy shares.

"It makes me wonder about the underlying health of the market. IPOs like this can change the whole tenor of the market," he added.

Investors said Zynga's stock performance could hurt other private companies in the pipeline such as Yelp and even Facebook. Some investors regard Zynga's IPO as a proxy for Facebook, because 95 percent of its $828 million in revenue in the past nine months comes from Mark Zuckerberg's social network.

"Now we have an exciting IPO and people don't want it and that's a big concern for when Facebook comes out," said Jeff Sica, president and chief investment officer of SICA Wealth Management.

The cooling off in the IPO markets could hurt Facebook's estimated $100 billion valuation, BGC analyst Colin Gillis said.

Zynga's reliance on the platform was supposed to attract investors looking to bet on Facebook's growth. With Facebook's IPO expected to be at least several months away, Zynga is one of the few indirect ways to bet on the website's future.

Facebook takes a 30 percent cut of the revenue Zynga derives from the social network, which features more than 222 million monthly active Zynga users.

Zynga CEO Pincus said he was looking beyond the share price drop and said the company went public at the right time.

"We're going to focus on the products and business results we deliver in the next four to eight quarters and hope the stock market values and appreciates that as they see us deliver it," he said.

In San Francisco, hundreds of employees got to work early to watch Pincus ring the bell to open Nasdaq trading and wore T-shirts saying "I love play" featuring the ZNGA trading symbol printed on the sleeves. Cinnamon buns and hot cocoa were served before the ceremony.

CONCERNS WEIGH

The company, which competes with Electronic Arts, sold 100 million shares of Class A common stock at $10 per share in the IPO, roughly 11 percent of its shares on a diluted basis, at the top end of the $8.50 to $10 indicative range.

The IPO values Zynga at $8.9 billion. In November, the company had been valued at roughly $14 billion, according to an internal estimate in a regulatory filing.

But that lowered valuation may still have been too rich for some, said Sterne Agee analyst Arvind Bhatia.

Zynga's near $9 billion valuation is less than videogame maker Activision Blizzard Inc's $13.6 billion and higher than Electronic Arts Inc's $6.7 billion. In the last four quarters, Activision and Electronic Arts generated more revenue than Zynga.

Analysts and investors have also expressed concern over how it profits from less than 3 percent of its players who buy items in its free games.

Plus, its reliance on Facebook appears unhealthy to investors who want to see Zynga diversify its revenue sources. Pincus on Friday said the company's 13 million daily users of its mobile games is a good start, and doesn't trail its daily users on Facebook as much as people assume. Zynga had 50.5 million daily users on Facebook on Friday, according to AppData, a website which tracks Facebook applications.

Yet Zynga's growth rate of bookings - the money it makes up front when users buy items, is slowing - which most analysts said is a red flag and could hurt Zynga's future revenue.

Zynga is the second online games company selling virtual items to slip in its trading debut this week. On Wednesday, Nexon Co shares fell following its $1.2 billion IPO, which was Japan's biggest offering this year.

At $1 billion in proceeds, Zynga's IPO is still the largest from a U.S. Internet company since Google Inc raised $1.9 billion in 2004.

(Reporting By Liana B. Baker in New York and Alistair Barr in San Francisco)

Source: http://us.rd.yahoo.com/dailynews/rss/tech/*http%3A//news.yahoo.com/s/nm/20111216/wr_nm/us_zynga

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Saturday, December 17, 2011

Could US drivers ever abide by cellphone ban? (AP)

DALLAS ? Junior Woods has a well-practiced routine for conducting business on the road: While driving throughout rural Arkansas, the electronics salesman steals a glance at his cellphone every so often, checking for text messages and emails.

"I can keep both hands on the steering wheel and just look down my nose and read in 10-second intervals," Woods said in a phone interview from Rogers, Ark. "I'm actually doing that right now."

Like millions of other Americans, Woods uses his car as a mobile office, relying on his phone almost every hour of every workday to stay productive and earn a living. So would drivers ever abide by a proposed ban on almost all cellphone use behind the wheel, even if it is hands-free? Could they afford to?

Those are just a few of the questions looming over a federal recommendation that seeks to rein in what has become an essential tool of American business.

Woods said the ban, if adopted, would devastate his sales. Because he lives in a rural state, his minimum drive is an hour and a half.

"If I have a 3 1/2-hour drive to Little Rock, and I've got 100 messages to return, it's going to turn that into a six-hour drive," he said. "I've got no secretary. I'm the administrative assistant. I'm the salesman. I'm the sales director."

The National Transportation Safety Board declared Tuesday that texting, emailing or chatting while driving is just too dangerous to be allowed anywhere in the United States. It urged all states to impose total bans except for emergencies.

The NTSB, an independent agency that investigates accidents and makes safety recommendations, doesn't have the power to impose regulations or make grants. But its suggestions carry significant weight with lawmakers and regulators.

Still, a decision rests with the states, meaning that 50 separate legislatures would have to act. And many lawmakers are just as wedded to their cellphones as Woods.

"I think all of us have mixed feelings on this issue. How could you not?" said U.S. Rep. Gerry Connolly, whose northern Virginia district has some of the longest, most traffic-choked commutes in the country.

Before going to Congress, the Democrat spent most of his career at the county level, driving around Fairfax County with his cellphone. Now he commutes to Capitol Hill by carpool or mass transit so he can use his phone without getting behind the wheel.

While he's sympathetic to the NTSB's safety concerns, he said, a blanket ban on cellphone use would be unenforceable. But he agrees that hands-free devices offer little improvement over those that are hand-held.

"It's a cognitive distraction," he said. "The mental attention shifts ... to that other party, not to the task at hand."

Dallas event planner Debbie Vaughan said she would abide by any ban, but her service to clients would be diminished.

"I know many people are frustrated when all they get is voicemail," said Vaughan, who spends about 10 hours a week on her cellphone in her car.

Bruce McGovern said he would have no choice but to defy the law.

McGovern, who owns four Massage Envy and four European Wax Center franchises in the Dallas area, said he spends up to four days a week on the road, traveling between his businesses.

"My business would go down. We'd have problems we couldn't solve. My employees wouldn't be able to reach me and get timely answers," McGovern said.

"Customer issues that only I can resolve would have to be delayed. And in this day and age, customers want instantaneous results for things. They're not willing to wait three or four hours," he said.

McGovern, who said he uses hands-free technology 90 percent of the time, said he's been conducting business from his car for more than 20 years, starting with an early "bag phone" that predated today's much smaller cellphones.

"It's a total overreach of the government. It'll be enforced erratically. They can't even enforce the speed limits," McGovern said.

Boston attorney Jeffrey Denner said he racks up at least 25 billable hours each week while driving.

"I probably spend three hours a day on the phone in the car ? minimum. In an hour, I can talk to 10 people. On my way to court, I call people to make sure witnesses are lined up. It's become a part of my life."

Besides, he said, there's plenty of other distractions modern drivers deal with.

"If you want to talk about distraction, you should talk about how the whole notion of technology is distracting. Let's look at the command centers in cars right now, with the GPS, climate control, satellite radio with 9,000 options, looking down, getting directions. There are 20 different things we're playing with in our cars all the time."

J.R. Maddox of Minneapolis, another attorney, said it makes no sense to ban hands-free devices.

"If they wanted to go that far, they should also ban speaking to anyone in the car," Maddox said. His hands-free device allows him to keep both hands on the wheel, maintain his field of vision and look over his shoulder.

"The fact of the matter is we have to travel to work. It would reduce the amount of time I could actually communicate with clients and, hence, billing time."

The federal government last year banned texting while driving for commercial truck and bus drivers. The ban was extended to all hand-held cellphone use last month, although commercial drivers can still use hands-free devices.

The chairman of a South Dakota trucking company said he doesn't understand why people need to be talking on the phone while driving in the first place.

"There's nothing so important that they need to run somebody over because they couldn't stop," said Larry Anderson, of A & A Express Inc., a Brandon, S.D., company that hauls refrigerated products.

In New York City, Chrissy DeLuso and her mother were waiting for a cab to take them to a Broadway show. Both women agreed that texting while driving was a bad idea and didn't mind if the government cracked down on it.

But when it came to banning all cellphone use, they hesitated.

With a smile, DeLuso admitted she "can't promise" she wouldn't be talking on her cell phone even if it were illegal.

Jo Trizila, president of Dallas public relations company TrizCom Inc., said she would welcome a comprehensive ban, even for hands-free technology.

"I think it would be actually good for mental health," she said, "that you just have some down time."

___

Associated Press writers Kelly P. Kissel in Little Rock, Denise Lavoie in Boston, Deepti Hajela in New York City, Kristi Eaton in Sioux Falls, S.D., Matthew Barakat in McLean, Va., and Joan Lowy in Washington contributed to this report.

Source: http://us.rd.yahoo.com/dailynews/rss/topstories/*http%3A//news.yahoo.com/s/ap/20111214/ap_on_re_us/us_drivers_cellphone_ban

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Friday, December 16, 2011

Full ban on driver calls could be tough to enforce (AP)

WEST PALM BEACH, Fla. ? A driver in the next lane is moving his lips. Is he on a hands-free cellphone? Talking to someone in the car? To himself? Singing along to the radio?

If lawmakers follow the advice of a federal board, police officers will have to start figuring that out ? somehow.

The National Transportation Safety Board said this week that drivers should not only be barred from using hand-held cellphones, as they are in several states, but also from using hands-free devices. No more "Sorry, I'm stuck in traffic" calls, or virtually any other cellphone chatter behind the wheel.

Though no state has yet implemented such restrictive rules, the NTSB's recommendations carry weight that could place such language into future laws, or motivate the federal government to cut funding to states that don't follow suit.

Many of the men and women patrolling the nation's streets and highways wonder how they would sort the criminally chatty from the legally chatty.

"It would be almost impossible to determine if someone was talking on a phone or exercising their vocal cords," said Capt. Donald Melanson of the West Hartford, Conn., police department, which took part in a national pilot program aimed at cracking down on drivers' cellphone use. "That would be much more difficult to enforce, almost to the point where it would be impossible."

Officer Tom Nichols of the Port St. Lucie, Fla., police said a law written like the NTSB suggests would be difficult to enforce because so many variables would be at play.

"If you identify someone who has a hands-free set hooked up to their ear that doesn't mean they are talking on the phone," he said. "They could be talking to a passenger. They could be talking to a child in the back. They could be singing."

Police could end up turning to technology for help. They might even end up with the cellphone equivalent of a radar speed gun.

Fred Mannering, a Purdue University civil engineering professor who is associate director of the Center for Road Safety, said that since all cellphones emit signals, a simple Bluetooth detection device could spot them.

Computers are already common in patrol cars, and Mannering said a relatively cheap add-on could fit them to track cellphone signals.

"It would be really easy for police to have a computer on board and pick up those signals," Mannering said, "but it is sort of Big Brother."

The NTSB's proposal, announced Tuesday as a unanimous recommendation of its five-member board, urges all states to impose total bans except for emergencies. It cited deadly crashes caused by distracted drivers across the country, and noted that many studies have shown that hands-free cellphones are often as unsafe as hand-held devices.

The recommendation poses an astounding number of questions. What about chauffeurs and traveling salesmen who spend their entire day on the road? And roadside Amber Alert and Silver Alert notifications that implore drivers to call in if they spot a specific vehicle? What comes of phone lines dedicated to those "How's My Driving?" signs on trucks? How will you let someone know you're stuck in traffic?

Joe Schwieterman, a DePaul University professor who studies people's use of technology while traveling, said he can't envision a law so restrictive ever hitting the books because phone use has become commonplace for drivers. He called such an approach "draconian" and said that if such a law were passed, the public would despise it as "imperial overreach," then ignore it.

"It's a little like speeding laws where it will become just culturally acceptable to violate," he said. He said a no-call law would be followed only if violations carried stiff penalties like those for drunken driving.

Lewis Katz, a law professor at Case Western Reserve University, said a nationwide ban on using cellphones while driving would be wildly unpopular, and likely the target of legal challenges. But he believed such a law, and the methods police might use to enforce it, ultimately would be deemed as constitutional as seatbelt enforcement.

"I'm sure that it would be challenged on all sorts of constitutional grounds, including free speech," he said in a phone call from his car. "But it seems to me that it doesn't in any way infringe on any constitutional rights. It's a simple safety issue."

Whether the NTSB's recommendations will motivate decision-makers remains to be seen, but they have certainly caught their attention.

Transportation Secretary Ray LaHood, who has made combating distracted driving the signature issue of his tenure, stopped short of an endorsement. His department is separate from the NTSB.

"My focus is going to be on preaching to people: Take personal responsibility. Put your cellphone and your texting device in the glove compartment when you get behind the wheel of a car," LaHood told reporters at a news conference in Chicago. "You can't drive safely when you have your hand on a cellphone and are trying to drive a 4,000- 5,000 pound vehicle."

Florida House Speaker Dean Cannon, a Republican, said he was wary. His state is among those that have resisted passing laws restricting drivers' cellphone use.

Cannon said future technological advances may prove more effective than legislation at addressing driver distraction issues. As an example, he cited his new iPhone, which can make phone calls and send text messages via voice command.

"In these attempts to try and prevent every bad thing from happening," he said, "it's all too easy to overly restrict personal freedoms and individual rights and responsibilities."

Sheriff Ric Bradshaw, the top law enforcement official in Palm Beach County, Fla., said that if lawmakers take the NTSB's suggestions to heart, they should address all manner of distracted driving.

"I see women putting makeup on. I see a guy with an electric shaver. I see one woman with a newspaper. I see a guy with a dog in his hands. All of those are worse than texting," he said.

Monique Bond, a spokeswoman for the Illinois State Police, said training would be key to enforcing any ban. Officers are already looking for unbuckled seat belts and swerving drivers; they'd have to add to their mental checklists.

"It's something that is not insurmountable," Bond said. "How you're going to spot it, or how you're going to look for it ? you have to acclimate the troops and acclimate the operations as to how to do this."

Chief Walter McNeil of Quincy, Fla., president of the International Association of Chiefs of Police, said enforcement of a total ban would be difficult, but that distracted driving needs to be addressed.

"We certainly need to deal with the overall problem with distracted drivers, and getting some level of uniformity in how we enforce that would be helpful," he said.

___

Associated Press writer Dave Collins in Hartford, Conn., contributed to this report.

Source: http://us.rd.yahoo.com/dailynews/rss/topstories/*http%3A//news.yahoo.com/s/ap/20111216/ap_on_hi_te/us_drivers_cellphone_enforcement

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