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Saturday, December 23, 2006

Woman infested with bugs, maggots

A licensed health-care facility is under state review after a resident with maggot- and roach-infested wounds required treatment at Deaconess Hospital.

The female resident of Riverwalk Communities, formerly McCurdy Healthcare, refused treatment at the facility at 101 SE First St. for open wounds. When doctors admitted her to the hospital on Nov. 3, the wounds were infested. A hospital social worker notified Adult Protective Services, and the Indiana Department of Health began a review of the facility's compliance with state regulations.

Vanderburgh County Prosecutor Stan Levco said he does not plan criminal charges.

The facility is not considered in compliance with state

standards, said Jennifer Dunlap, spokeswoman for the Indiana Department of Health. Actions are being considered, she said.

WEHT-News25 first reported about the violation in its newscast Monday.

Deaconess Hospital's emergency staff, interviewed as part of the state's complaint investigation, noted the woman had "extensive ulcerative lesions" on both legs and maggots coming out of wounds that were infected with treatment-resistant bacteria, according to the state's review.

When the woman arrived at the hospital, an emergency department nurse told the state surveyor that the woman's right slipper and pants legs were stuck to her skin.

"He indicated he soaked her right foot in warm water for 45 minutes and bugs/cockroaches were crawling out of the house slipper. Upon removing the house slipper, he indicated the skin came off of the right foot and toes," the report said.

When the nurse removed the woman's pants, the material pulled the skin off the woman's legs, from the knees to the ankles, the report said. Her adult diaper contained fecal matter, and she said she had not bathed in two weeks.

The state's survey report found the facility failed to ensure the resident received treatment for open sores, and it failed to notify her physician when she refused his prescribed treatment.

"Even though the person has the right to refuse, that does not absolve the facility from protecting the resident," said Michelle Motta, Vanderburgh County's long-term care ombudsman. "The facility has a responsibility to report that refusal to the resident's physician."

Riverwalk has a history of citations for violations of nursing home standards.


Roughly one year ago, the facility was at risk of losing both its Medicaid and Medicare reimbursements. After two years of negotiations with the state, the institution agreed to cease operating as a comprehensive-care nursing home. It later received a state license to operate residential or intermediate care.

In June, it was the first long-term care facility to participate in the state's Options program. It received $350,000.

The program's funding assisted with Riverwalk's conversion from a nursing home to an alternative elder care facility.

Christine Goad, Riverwalk Communities' administrator, declined to answer questions Tuesday and said: "I am not responding to anybody until I get the hospital records."

According to Deaconess Hospital, a Riverwalk representative received a copy of the woman's medical record Nov. 29, the day the facility was required to submit a plan of correction, which outlines strategies to bring a facility into compliance.

It is required when a facility is cited.

Dunlap said the department of health approved the plan Dec. 5. However, the facility will not be deemed in compliance until the state conducts a follow-up survey or reviews Riverwalk's implementation of the plan.

Repeated efforts to reach Michael Weber, Riverwalk's owner-operator, were unsuccessful Tuesday.

Dunlap said Riverwalk has 113 licensed, residential beds.

Click here to see the original article from Libby Keeling and reader comments from the Evansville (Indiana) Courier & Press
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Friday, December 22, 2006

Favre still must-see TV


GREEN BAY, Wisconsin - If this was indeed Brett Favre's final game at Lambeau Field, and we suspect this because the NFL Network's hype machine kept telling us it was true, then the Green Bay Packers' quarterback didn't disappoint.

True to form, he was both exhilarating and exasperating all in the same game.

Too bad no one saw it.

Then again, you've seen it before.

Just not this time. Thanks to the NFL Network's decision to use you, Madison-area Packers fans, as leverage in its ongoing battle with cable television providers, the Packers' 9-7 victory over the Minnesota Vikings Thursday night went largely unseen.

Fortunately, you know the drill. With the outcome resting solely on his shoulder pads thanks to coach Mike McCarthy's pass-first game plan, Favre was on his best behavior - except for one wayward stretch in the third quarter. With the exception of two passes, he played under control all night. He managed the game, patiently took checkdowns and finally led a winning drive to give the Packers' their third straight victory and - I can't believe I'm writing this - keep them in the NFC playoff hunt with a 7-8 record.

The NFL Network may have been playing the Favre retirement angle for all it was worth, but instead of showing people that he should retire, Favre showed them why he should keep playing. Packers' fans are lining up on both sides of that argument, though most lean toward wanting Favre back for a 16th season. Still, Favre isn't making it easy on them with his more-erratic-than-usual performances lately.

It has long been my belief that Favre should return if he can make the transition from playmaker to caretaker and if the Packers can put a better team around him. That belief didn't change Thursday. Nor did it change for McCarthy, who said he didn't view this as a farewell game for Favre.

"We talked about some things before the game," McCarthy said. "That's really a decision he's fully going to make after the season. Just to share our conversation, he's under contract and we'd like to have him back. We're going to take the time and talk about it after the season."

His physical skills may be fading a bit, but the way Favre played for much of the game against the Vikings is exactly the way McCarthy wants him to play should he return. The Packers were lucky the fading Vikings started a rookie quarterback and seemingly committed a penalty every time they did something positive, but the game further proved that Favre can still be a winning quarterback if the Packers give him more help. Like, say, a tight end who can hold onto the ball.

McCarthy made it obvious from the start that this was Favre's game to win or lose. The Vikings have the NFL's best run defense and McCarthy, despite his preseason promises to make the running game the staple of the Packers' attack, never made a serious attempt to run the ball.

The flashbulbs that were popping from every corner of the stadium when Favre was introduced had barely stopped when the Packers declared their hand. They shifted into an empty backfield on their first two plays, a sign that they intended to pass, pass and pass some more.

In the first half, Favre threw 33 passes - two more than he had ever thrown in the first 30 minutes of a game. He completed 18 of them and would have connected on several more had his receivers not continued with their season-long case of the dropsies.

But just when you thought Favre was going to play the kind of controlled game McCarthy has been trying to coax out of him, he reverted to the risk-taking Favre that has surfaced far too often the last two years. On consecutive plays in the third quarter, Favre threw two of his patented what-were-you-thinking interceptions, the first of which cornerback Fred Smoot turned into Minnesota's only touchdown and a 7-6 Vikings lead.

Favre recovered quickly, though, and led the Packers to a winning field goal with less than 2 minutes to play. Amazingly, it was the first fourth- quarter comeback he authored in more than a year. The last time he did it was Dec. 11, 2005, in a 16-13 victory over Detroit.

No one, not even the NFL Network, knows if Favre is going to retire, but he showed Thursday that he can still do it on occasion.

Of course, given the lack of TV coverage, you'll have to trust me on this.

Click here to read Tom Oates' original column in the Wisconsin State Journal
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Hasta la Vista

FROM the end of January any Windows-based personal computer that you buy will come with a new version of Microsoft's operating system, called Vista. Make no mistake, this is more than just a slicker, prettier version of Microsoft’s current operating system for desktop computers, Windows XP. Vista is considerably quicker, easier and more pleasant to use, and far more stable and secure, than was its predecessor. One of its particular attractions is its more intuitive way of storing, organizing and locating files. Included too are better parental controls, a built-in DVD maker, and lots of other improvements. In many ways, especially in its look and feel and ease of use, Vista out-Macs the Mac’s latest operating system—the Tiger version of OS X. However, that could change when Apple releases its Leopard version of OS X in spring.

Right now, the big question for most Windows users is one of timing. If they are not about to buy a new Windows PC, should they buy a copy of Vista to upgrade a perfectly adequate machine running an earlier version of Windows?

If you are running a PC with any version of Windows prior to XP (with all the Service Pack 2 updates), then the answer is most certainly yes. But if you’ve been religious about keeping your computer healthy with all the latest patches and updates released weekly by Microsoft, then the smart thing to do is to wait awhile. No matter how thoroughly the company may have tested it, the first version of Vista is going to be riddled with niggling annoyances that surface only when software confronts some of the crazy things we ordinary users do.

Many say Vista’s problem is its sheer size and complexity. All told, the program comprises some 50m lines of computer code. And as any programmer will tell you, software contains typically five to ten errors for every 100 lines of code. So, even if 90% of them were squished during the extensive testing program, Vista will hit the shelves with at least a quarter of a million bugs in it.

That’s the price you pay for bloated software, say the legions of Microsoft critics. But hang on a minute. Vista may have a complex architecture with 50 layers of interdependent activities, but it’s not a massive program by today’s standards. Some of those quickest to accuse Microsoft of producing “bloatware” are even guiltier themselves.

In the religious wars that rage between operating-system fanatics, the worst offenders are actually to be found in the Macintosh and Linux camps. The highly praised Tiger version of the Macintosh OS X operating system contains no fewer than 86m lines of code. And while the latest Linux kernel may be only 9m lines long, the “distro” (packaged distribution ready for installing) of an important Linux variant, such as Debian 3.1, has some 213m lines of code in it.

One important difference between operating systems such as Linux and OS X on the one hand, and Windows on the other, is that the former are highly modularized. Instead of being one humongous piece of software, they are made up of hundreds of small stand alone programs, called packages. Both Linux and OS X are descended from Unix, the grand-daddy of modern multi-tasking operating systems, and share the same underlying structure.

With Linux at least, this modularity allows skilled users to strip out all the bits they don’t need—to create a robust and compact operating system tailored to specific needs. Linux can be trimmed down to run from a floppy disk, or fleshed out to manage a server farm or even a supercomputer. On the desktop, Linux works every bit as well as Windows, while offering greater security and fewer crashes. Installing any of the popular desktop distros such as Ubuntu, OpenSUSE or Fedora is a ten-minute breeze. But unlike Windows, downloading applications to run on Linux and ensuring all the necessary “libraries” are in place is most certainly not for novices.

But the real difference between Unix-like operating systems and Windows is their design philosophies. Windows may squander computing power through its clumsy architecture. But by favoring simplicity of use over simplicity of design, Microsoft has been able to leverage cheap but powerful commodity hardware, to provide cost-effective software solutions. These may be complex in design—and full of bugs to boot—but, boy, are they easy to use and maintain. That’s a winning formula in anyone’s book, and the reason why Windows rightly rules the world.

Click here to read the original article, courtesy of Economist.com
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Thursday, December 21, 2006

Economics discovers its feelings

ECONOMICS is “not a ‘gay science’,” wrote Thomas Carlyle in 1849. No, it is “a dreary, desolate, and indeed quite abject and distressing one; what we might call, by way of eminence, the dismal science.”

Carlyle was a fine one to talk. He was a brooding curmudgeon who thundered against industry, progress and the young science that sought to explain them. He found economists dismal not for the obvious reasons, such as their dry arithmetic or their gloomy preoccupation with scarcity and subsistence. Instead, he took against them because they were so wedded to the idea of happiness.

The economists of his day took their cue from Jeremy Bentham and his “utilitarian” philosophy. They calculated happiness, or utility, as the sum of good feelings minus bad, and argued that the pursuit of pleasure and the avoidance of pain were the sole springs of human action. One even looked forward to the invention of a hedonimeter, a “psychophysical machine” that would record the ups and downs of a man's feelings just as a thermometer might plot his temperature. Such people, Carlyle complained, fancied that man was a “dead Iron-Balance for weighing Pains and Pleasures on”.

The hedonimeter was never invented, and for a century or so economists fell silent about both weights on man's scales. They studied outward behavior, not inward feelings; choices made, not pleasures taken. But in recent years, economists have become newly confident that they can measure utility as Bentham conceived it: as a quantum of pleasure or pain.

How do they do it? Mostly they just ask people. Daniel Kahneman, a psychologist at Princeton University who won the Nobel prize for economics in 2002, reckons people are not as mysterious as less nosy economists supposed. “The view that hedonic states cannot be measured because they are private events is widely held but incorrect,” he and his colleagues argue. Generally, people can say how they feel at a given moment, on a scale of zero to ten.

And if this smacks of hearsay not science, the new “hedonimetrists” can appeal to other kinds of evidence, better calculated to impress. They can look into people's eyes; or better still, their brains. People who confess to feeling happy also grin more than others. And they mean it: they smile with their eyes (a contraction of the orbicularis oculi facial muscles), not just their mouths. People's self-reports also tally roughly with what electrodes planted on their scalp reveal about the frequency and voltage of electrical waves in their left forebrain, which sparks up when they are feeling good.

Mr Kahneman's most notorious experiment took place in a Toronto hospital over a decade ago. He and a colleague asked patients undergoing a colonoscopy (in which a probe is passed up the rectum) to report their level of discomfort minute by minute. Later, they were asked how they felt about the procedure in retrospect. Their answers were surprising. The test left a worse impression on patient A, for whom it lasted less than ten minutes, than on patient B, who suffered for 24 minutes. Patients' recollections were heavily colored by the procedure's worst moment and its last moment. The duration of the pain did not seem to make much difference. Patients were happier about a colonoscopy that lasted longer but ended better.

Fallible memories

Mr Kahneman, who is not shy of extrapolation, thinks people often choose to repeat experiences that seem better in retrospect than they did at the time. Contrary to Bentham, the “sovereign masters that determine what people will do are not pleasure and pain, but fallible memories of pleasure and pain.”

If people are bad at recalling their feelings, they are worse at predicting them. They fail to anticipate how a person feels after moving to a new city, losing a limb or winning a jackpot. Prisoners imagine that solitary confinement will be worse than it really is; mothers-to-be think the pain of childbirth will be more bearable than it typically proves to be. And it is not just unusual events that trip people up. According to Mr Kahneman, people struggle to predict how their appetite for ice-cream, low-fat yogurt or music might change in the course of a week of enjoying them. If man is an iron-balance that weigh pains and pleasures, the scales are sadly askew.

As a result, many economists now ignore one of the discipline's dreariest maxims: de gustibus non est disputandum, one does not quarrel over tastes. Robert Frank begins his 1999 book “Luxury Fever” with a long, incredulous description of the Viking-Frontgate Professional Grill, a barbecuer's folly, sporting infra-red rotisserie, rangetop burners and brass trimmings. Such purchases would once have gone unquestioned by economists. The consumer was king: if he spent $5,000 on a grill, a $5,000 grill must be what he wanted. Likewise, if he picked X over Y, a colonoscopy over an enema, pushpin over poetry, his choice should be respected. But now economists like Mr Frank and Mr Kahneman delight in second-guessing such choices, citing the evidence of their hedonimeters.

Have fun

What sumptuary advice do they offer? In general, the economic arbiters of taste recommend “experiences” over commodities, pastimes over knick-knacks, doing over having. Mr Frank thinks people should work shorter hours and commute shorter distances, even if that means living in smaller houses with cheaper grills. The appeal of such fripperies palls faster than people expect, they say. David Hume suggested that “the amusements, which are the most durable, have all a mixture of application and attention in them; such as gaming and hunting.”

But as with any argument involving economists, there is more than one side to it. For one thing, many experiences demand a substantial outlay on commodities: horses, hounds and jodhpurs, for example. And as Bryan Caplan, of George Mason University, points out, many trinkets and fripperies themselves provide a stream of experiences.

Adam Smith thought there was pleasure to be had simply in admiring the craftsmanship of a well-made watch, even if its extra accuracy was of little practical benefit. Bentham appreciated his creature comforts: according to Negley Harte, the University of London's historian, his embalmed body wears a pair of knitted underpants, unlike most of his contemporaries, who simply tucked their shirt-tails between their legs.

And before Mr Frank scoffs at Gillette's latest five-blade shaving system, he should recall Benjamin Franklin's belief that teaching a young man to shave, and keeping his blade sharp, would contribute more to his happiness than giving him 1,000 guineas to squander. The money would leave behind only regret. But self-grooming spares a man “the frequent vexation of waiting for barbers, and of their sometimes dirty fingers, offensive breaths, and dull razors.”

Richard Layard, an economist at the London School of Economics, provides one prominent example of the transformation that some dismal scientists have undergone. He made his mark with his 1991 treatise, “Unemployment”, co-authored with Stephen Nickell and Richard Jackman. On its cover, the book featured the painting “L'Absinthe” by Edgar Degas: a dejected woman and a disheveled man, two “rather sodden” characters, as one reviewer put it at the time, pass the time and ease their sorrows with a tipple in a Paris cafĂ©. The book was dedicated to the “millions who suffer through want of work”.

Today, Lord Layard argues, unemployment is no longer Britain's biggest social problem. The number of jobless Britons claiming the dole is now about 960,000. But there are over 1m people receiving incapacity benefits because depression and stress have left them unfit to work.

Lord Layard's latest book has a much jauntier image on its cover: a “happy eccentric” with a fez on his head, a monocle in his eye and a bunch of flowers in his hand. A perky character, one might say. Ambitious, policy-minded economists such as Lord Layard are no longer satisfied with raising the rate of employment. They want to lift the rate of enjoyment too.

That, it turns out, is not easy. Happiness, as measured by national surveys, has hardly changed over 50 years. The rich are generally happier than the poor, but rich countries do not get happier as they get richer. The Japanese are much better off now than in 1950, but the proportion who say they are “very happy” has not budged. Americans too have remained much as Alexis de Tocqueville found them in the 19th century: “So many lucky men, restless in the midst of abundance.”

Lord Layard and Mr Frank both blame habit and rivalry for this stagnation of morale. People grow accustomed to what they have — however much of it there is. Moreover, having a lot of things is not enough if other people have more. A rising tide lifts all boats, but not all spirits.

For economists, this is radical stuff. They traditionally argue that people best serve themselves and the public by minding their own business. Indeed, this laissez-faire attitude is one reason Carlyle attacked them. Economics, he wrote, “reduces the duty of human governors to that of letting men alone”. He was afraid this radical idea would “dissever and destroy most existing institutions of society”.

But Lord Layard argues that we cannot help minding other people's business, as well as our own. Doing well is not enough: we also want to do better than our peers. This status anxiety runs deep in our nature, he says. Vervet monkeys at the top of their social tree enjoy more mates and bananas as a result, but they also exult in their position for its own sake. As with monkeys, so with mandarins. Top British civil servants tend to live longer than their underlings, regardless of other differences in lifestyle, according to the “Whitehall II” studies which have been monitoring thousands of Humphreys and Bernards since the 1980s.

To clamber up the pecking order, some people slave away nights and weekends at the office. They gain in rank at the expense of their free time. But in making that sacrifice they also hurt anyone else who shares their aspirations: they too must give up their weekends to keep up. Mr Frank reckons that many people would like to work less, if only others slackened off also. But such bargains cannot be struck unilaterally. On the contrary, people compete in costly “arms races”, knowing that if they do not work harder, they will lose their standing to someone who does.

These races are motivated by more than just prestige. As Fred Hirsch argued in his 1977 book, “The Social Limits to Growth”, many good things in life are “positional”. You can enjoy them only if others don't. Sometimes, a quick car, fine suit or attractive house is not enough. One must have the fastest car, finest suit or priciest house.

Think of the scramble for schools, Mr Frank says. Only 10% of kids can go to the top 10% of schools. In many countries, wherever the schools are good, the houses will be expensive. Thus parents who want the best education for their child must overwork to afford a house in a good school district. In doing so, however, they raise the bar for everyone else.

Is mutual disarmament possible? Not without government help, Mr Frank and Lord Layard argue. The exchequer should tax earned income heavily enough to deter one-upmanship, they say.

Despite appearances, this is not a naked example of punitive redistribution — the fiscal politics of envy. Mr Frank and Lord Layard do not want to level the social order. Their aim is much more conservative than that. Their taxes would leave the pecking order intact and envy undiminished. But people would be deterred from acting on the green-eyed monster. The problem these economists want to tackle is not inequality per se. It is that people don't know their place and scramble vainly to improve it. Carlyle, who thought man should content himself with being the worthy follower of worthy superiors, would no doubt have approved.

Go with the flow

Not that Carlyle was workshy. On the contrary, he thought that work was the only lasting measure of a man. As he put it, whatever insight, ingenuity and energy a man had in him “will lie written in the work he does”. And the “only happiness a brave man ever troubled himself with asking much about was, happiness enough to get his work done.”

Economics, on the whole, disagrees. It thinks of labor as a chore. People sell it, at the expense of their leisure time, purely as a means to the end of consumption. Indeed, Carlyle first anointed economics the “dismal science” because liberal economists insisted that American slaves be free to sell their labor in the marketplace like everyone else.

For many people, work is—as traditional economics assumes—just a way to pay the rent. But Carlyle is not the only one to see it as much more than that. In a string of experiments, Mihaly Csikszentmihalyi, of Claremont Graduate University, has handed out pagers to thousands of people who agreed to log their mood whenever prompted to do so. People were, unsurprisingly, at their happiest when eating, carousing or pottering around the garden. But some fortunate people also found deep satisfaction from losing themselves in their work: “forgetting themselves in a function”, as W.H. Auden put it.

It is easier to forget yourself in some functions than in others, of course. In Auden's poem, surgeons manage it “making a primary incision”, as do cooks, mixing their sauce, and clerks “completing a bill of lading”. This happy state, which Mr Csikszentmihalyi calls “flow”, arises most often in work that stretches a person without defeating him; work that provides “clear goals”, “unambiguous feedback” and a “sense of control”.

Where these things are lacking, people can sometimes sculpt their jobs to compensate. For example, Amy Wrzesniewski, of New York University, and her colleagues found hospital cleaners who would hold patients' hands and keep them company, brightening their day as well as scrubbing their rooms. Other researchers noted that hairdressers see themselves as more than just scissors for hire. They serve as emotional confidants for clients they like, and “fire” clients they don't.

Mr Csikszentmihalyi is now one of three scholars behind the “Good Work” project, which aims to make “flow” a more common experience in professional life. The project frets about how to square the “competing demands of excellence, ethics, and earnings”. In some fields of endeavor, such as genetic research, it found that good work was rewarded with professional success; but in others, professional pride and corporate profit seemed to tug in opposite directions. Journalism, apparently, is a “prototypically misaligned profession”, staffed by reporters who want to investigate great affairs of state but read by a public more interested in stories that are “scandalous, sensational, superficial”.

What to do? The Good Work project tends to blame the “market” for corrupting craftsmanship. But consumers cannot be made to want what producers care to make. Besides, “it is a thrill unique to a market society to find that people are willing to pay for one's product,” writes Deirdre McCloskey in her latest book, “The Bourgeois Virtues”. Payment is a form of applause; all the more convincing because it is costly. Furthermore, when you spend what you have earned in the market, you can enjoy knowing that you have “pulled your own weight”, taking from the national product no more than you have added to it.

If people are determined to pursue their calling rather than simply taking a job, some professions (surgery, cookery, genetics) may become overcrowded, others undersubscribed. But when a job cannot find enough takers, the market finds ways to ennoble it: first pay, and then status, begin to rise. It becomes economical to automate some aspects of the work, employing machines to do the deadening humdrum toil that men and women are no longer willing to put up with. What remains of the job will be the bits only people can do: tasks that require insight, ingenuity and the human touch. Ms McCloskey recalls the Cincinnati sewerman, interviewed a few years ago on National Public Radio, who earned $60,000 a year and liked to tell girls he was an “environmental” worker.

The dismal sage

Did Thomas Carlyle ever make his peace with the dismal science? Even his admirers admit that his “bigoted dislike of Political Economists withheld him from studying their works” or appreciating their advances. Nor did he soften much in his disdain for the fruits of commercial society: cheaper cotton and swifter railways meant nothing to him; and in his opinion, advertising, or “puffing” as he called it, deserved to be taxed out of existence.

But as any economist could have pointed out, he had a lot to thank commercial society for. Having discovered his vocation as a cultural muckraker, he eventually secured an audience, a market and even the offer (which was refused) of Westminster Abbey as a final resting place. In periods of speedy progress, it seems, stubborn reactionaries at least enjoy a certain scarcity value.

Click here to see the original article from The Economist
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FCC’s McDowell Won’t Break Tie on AT&T-BellSouth Deal

U.S. Federal Communications Commission member Robert McDowell refused to vote to break a deadlock over AT&T Inc.’s $85 billion purchase of BellSouth Corp., a new setback for the deal first announced in March.

McDowell, a Republican who sat out of negotiations because of his past work as a lobbyist, told a news conference in Washington that his participation would raise ethical concerns.

The decision is a disappointment for FCC Chairman Kevin Martin, who had been counting on McDowell’s vote to break the impasse between the two other Republican and two Democratic panel members. AT&T and BellSouth had been anticipating approval by the end of the year and the FCC sanction is the last hurdle needed.

“AT&T and BellSouth had a strategy to get this deal done that depended on his participation,” said Blair Levin, a Stifel, Nicolaus & Co. analyst in Washington. “The real negotiations will get done now.” Levin predicted an agreement may be reached next month.

Martin on Dec. 1 asked Samuel Feder, the agency’s general counsel, to decide whether it would be in the government’s interest for McDowell to cast a tiebreaking vote. Feder ruled Dec. 8 that it would be. Feder called the decision “difficult” and said his opinion didn’t compel McDowell to vote.

Shares of AT&T fell 19 cents to $35.47 at 4 p.m. in New York Stock Exchange composite trading. They have climbed 45 percent this year. BellSouth shares, up 69 percent this year, fell 72 cents to $45.78.

‘Soon as Possible’

“My four colleagues have exclusive and unambiguous ownership of this important merger,” McDowell said. “I urge all of them to resolve their differences as soon as possible.”

The panel’s Democrats, Michael Copps and Jonathan Adelstein, are demanding conditions such as price controls and airwave- license sales, moves that are being resisted by Martin and Commissioner Deborah Taylor Tate, both Republicans.

“Finally we have clarity on who will be participating in this proceeding,” Copps said today in an e-mailed statement. “That should give some juice to our ongoing discussions.”

The trade group Comptel, McDowell’s former employer, has urged the FCC to reject the BellSouth deal or impose tougher conditions than those offered by AT&T, the biggest U.S. telephone company. Washington-based Comptel represents companies that compete with San Antonio-based AT&T and BellSouth.

McDowell’s refusal to vote may also signal he won’t always side with Martin in future proceedings.

Martin said he respected McDowell’s decision to abstain.

“I will continue to try to work with my colleagues to bring our consideration of this merger to conclusion,” he said today in an e-mailed statement.

AT&T Concessions


AT&T has offered concessions including a 30-month price freeze on certain business services, $10-a-month high-speed Internet access for some BellSouth customers, and expanded broadband access in rural and low-income areas.

“We have sought the support for this merger from every member of the Commission since the very beginning and we will continue to do so,” AT&T spokesman Michael Balmoris said today in an e-mailed statement. “We will — as we have always done — do our part to bring the merger review to a bipartisan completion as quickly as possible.”

Comptel, rival companies and consumer groups want tougher conditions such as price controls for at least seven years, and a “net-neutrality” requirement that would bar AT&T from charging Web companies premium fees for faster services.

The BellSouth deal would expand AT&T’s local service area to 22 states. Atlanta-based BellSouth, the third-biggest U.S. phone company, sells local service in nine Southeastern states.

The deal also would give AT&T full ownership of Cingular Wireless LLC, the largest U.S. mobile-phone carrier. Atlanta-based Cingular is jointly owned by AT&T and BellSouth.

Click here to Molly Peterson's original article at Bloomberg.com
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Wednesday, December 20, 2006

Mike McKenzie Gives Back To Miami Gardens Community


Great to hear some uplifting news about NFL players. I hope it helps shatter some of the stupid stereotypes that surround these premier athletes.

MIAMI GARDENS, Fla. - The 34 Ways Foundation hosted a "Home for the Holidays Food Giveaway" at Scott Park in Miami Gardens on Tuesday.

Mayor Shirley Gibson and the founder of the organization, Miami native and current New Orleans Saints football player Mike McKenzie, were on hand for the party.

Both said the message is about giving back.

"We're coming out, spreading a little joy in the community and having fun," McKenzie said. "I'm born and raised right here in the area. I relate well to a lot of people down here. Anytime you can come back to somewhere you grew up and share a little joy, it's all worth it."

The foundation uses sports and other activities to reach out to children and communities.

For more information, visit 34WaysFoundation.org.

Click here to see the original report from NBC6.net
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Fake News Invades Florida, Again

Corporate propaganda continues to infiltrate TV newscasts across Florida, with product advertisements disguised as genuine news reports on stations in Ft. Myers, Jacksonville, Miami, Orlando, and Tampa.

In April, The Center for Media and Democracy and Free Press exposed several local television stations that aired promotional corporate "video news releases" as real news. Originally, three Florida stations aired fake news broadcasts - including Miami's WBFS-33.

Since then, four other stations - WLTV-23, WSVN-7, WKMG-6, and WFLA-8 - aired fake news reports.

At no time during these newscasts did the stations identify the corporate sponsors as the source of the material. This deception violates FCC's sponsorship identification rules and broadcasters' responsibility to serve the public.

Click here to see all the different television stations across the nation that aired fake news.
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Tuesday, December 19, 2006

The Explosive Combination of Diet Coke and Mentos

Though it started as an internet hoax claiming that a child in Brazil had died after consuming Coca Cola Light and a Mentos candy, the reality is that combining Mentos with Diet Coke results in a surprising plume of gases.

The following article by Donna Bogatin, who blogs for ZDNet.com, describes how this phenomenon has triggered an online campaign from corporate giant Coca-Cola.

Coca-Cola: If you can't beat 'em, join 'em, video clip culture, that is.

In June, Coca-cola dismissed the Diet Coke & Mentos videos as “an entertaining phenomenon," saying "We would hope people want to drink [Diet Coke] more than try experiments with it." The company found the "craziness with Mentos … doesn't fit with the brand personality" of Diet Coke.

One month later, the "craziness" was viewed as harmless, and potentially lucrative.

Coca-cola explains its about face in a tongue-in-cheek presentation, “Products and Packaging Myths and Rumors”:

A rumor has been circulating the Internet that a boy has died in Brazil from eating Mentos and drinking Coca-Cola light. This is a hoax, most likely triggered by the well-known "Diet Coke/Mentos fountain phenomenon." This story is not true; Appears to be linked to a number of amateur videos that have appeared on the Internet, which show people, for fun, mixing Mentos candies with Coca-Cola light (or Diet Coke) to produce a reaction that causes the Diet Coke to shoot into the air. This reaction is thought to be caused by carbon dioxide (which gives carbonated soft drinks their fizz) permeating the porous surface of the Mentos.

The Company has capitalized on the popularity of this harmless stunt and has launched a contest that is based on it.

In June 2006, a video clip produced by Fritz Grobe and Stephen Voltz began circulating on the internet that showcased an elaborate demonstration of the reaction that occurs when Mentos brand candies are dropped into bottles of Diet Coke. The video, created through an acting troupe called EepyBird, created an immediate online sensation and has since been viewed millions of times. There was no Company involvement in that video.

In July 2006, the Company re-launched www.coca-cola.com as its new Coca-Cola brand site. The new site features user generated content driven by regular challenges that invite consumers to post their own videos in response to creative “briefs” that outline a particular theme. The videos are judged and prizes awarded to winners.

Given the strategic direction of the new website, the Company entered into a sponsorship agreement with the producers of the video to create a new video which is more elaborate. The Company has featured the new video on its site along with a challenge asking consumers to create their own video around the theme of “Poetry in Motion.” The challenge is not asking people to recreate the Diet Coke and Mentos video. The video will also be available on Google Video and the producers’ site and will include post-roll advertising and banner advertising driving viewers to Coke.com (see “Showing on Google Video, not YouTube (yet)”).

John Stichweh, Director, Global Interactive Marketing, Coca Cola Company, has said of the Google Video/Coca-Cola deal, “How many more cases of Coke am I selling? I don’t know” (see “Coca-Cola: Will Google Sponsored Video really sell cases of Coke?”).

Speaking at an Ad-Tech panel last month, Stichweh put forth that Web 2.0 marketing spends do not provide a “measurable link to sales” and noted the difficulty of evaluating the incremental benefits of consumer generated media investment and of justifying the ROI from a shareholder’s perspective.

Coca-cola is nevertheless determined to exploit the “entertaining phenomenon” to the fullest; It is now collaborating with Google’s other video site, YouTube, in "video greeting cards for the holidays":

It is the latest evolution in the development of Coca-Cola.com following the re-launch of the site in July 2006 that included user-generated content and the addition of digital music downloads in August. We continue to give people new ways to express themselves and connect with others online. Partnering with YouTube helps us bring creative content to a broader community.

For the first time people will be able to send their own personal videos as a holiday greeting card online. Visitors can share their holiday spirit by uploading their own videos, customizing video greetings created by popular YouTube personalities, Geriatric1927, Boh3m3, TerraNaomi, Renetto, TheWineKone and LisaNova, or sharing holiday-themed videos from Coca-Cola including clips from vintage Coke advertisements. Select video greetings that users have chosen to share with the world will be featured as part of a video playlist on Coca-Cola.com called the Holiday WishCast and will be seen by people around the world.
Click here to see the original blog post from Donna Bogatin at ZDNet.com
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VoIP Subscribers Grow; Net Neutrality Bill Dies

More than eight million subscribers (including me) have ditched their traditional phone service for a cheaper Voice over Internet Protocol (VoIP) alternative, and according to an Associated Press story, the number is expected to climb into the high nine millions within the next quarter.

The reason: cheap pricing, ease of use, and a clean interface make it simple for consumers to switch. Many VoIP services cost less than $20 per month, and some, such as Skype, cost less than $3 for outgoing phone service.

The rapid development of the VoIP industry, which is certainly cutting into the telecommunication companies' bottom line, can be traced to one factor: net neutrality, which means that all packets routed across the Internet are treated the same way. And, at least for the near future, that idea is safe. The COPE Act, which would have ended net neutrality, has died in the final days of the Congress, according to this SavetheInternet.com post.

So how are new services such as VoIP, which provide a low-cost alternative to the communications oligopoly, related to net neutrality? Here's an example:

Verizon and AT&T want to deliver television to your home to compete with the cable companies. They've spent billions upgrading to fiber-optic systems. Once they have that infrastructure in place, they claim, they will need to "optimize" their network to ensure that their digital television packets don't get stuck en route to your home. In other words, they need a Quality of Service (QoS) assurance for its customers. To do that, they say, they must tier the packet-switching network to ensure that certain packets (re: their packets) get through first.

Of course, these companies could invest in developing better compression technologies and routing software. This would solve the future bandwidth issue (because as of today, there isn't a dangerously troublesome bandwidth problem). However, it makes more business sense for the telcos to tier their video service, while slowing voice service. Why? VoIP service providers would have a hard time competing with traditional phone service.

On one hand, telcos could put Internet-based voice packets on a lower tier, insuring that Internet-based calls sound worse than traditional long-distance calls. Meanwhile, the telcos could put video packets on the upper tier, insuring the highest quality (re: TV quality) video is on the fast track to your home. And, to add insult to injury, net neutrality would be a negative incentive for telcos to invest in new technologies that make the network run better. In fact, it would be in their best interest to stifle innovation, so they could charge more for new tiers of service.

Click here to read this insightful article from Brad King of the Technology Review (published by MIT)
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Monday, December 18, 2006

Beware of the Bogeyman (email)

In case you missed one of the latest Urban Legends from Snopes.com, here's a recap:

Last month, emails began making the rounds that a Mexican woman stole a baby from a mall in Tupelo (Mississippi) with plans on selling the infant on Mexico's black market. Both versions of this hoax sound legitimate and is the kind of inflammatory message used to prey on the sensibilities of Americans who live in fear of immigrants.

Sadly, there is no factual report of any children being kidnapped at the JC Penney's in Barnes Crossing mall on November 15. It's pathetic that some self-righteous folks would invent such a heinous lie to further hatred during the holiday season.

The lesson as always...verify any sensational emails that come through your inbox. Now, I'm off to investigate the alleged explosiveness of Mentos candies and Diet Coke

Click here to read the entire "Mexican Kindergrabbing" report from Snopes.com
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For Chiefs, no finessing their way out of this one


It might be awhile before anyone calls the Chargers a finesse team again.

Chiefs rookie defensive end Tamba Hali did that after Kansas City's victory over San Diego earlier this season, and the Chargers had to wait nearly two months for revenge.

It was time well spent. The Chargers appeared to answer any and all questions about their physical nature in a 20-9 victory last night at Qualcomm Stadium.

“Finesse, huh?” Dielman said. “He was still talking that (stuff) out there and we ran for what, 260? Whatever. ... Let him talk.”

Actually, the Chargers rushed for 265 yards, the fifth-highest total in club history. LaDainian Tomlinson had 199, falling a yard short of his first 200-yard game since the 2003 season finale and the fifth of his career. He averaged 8.0 yards a carry – and didn't lead the team, since Michael Turner clocked in at 8.3 after gaining 58 yards on seven attempts.

“Yeah, we finessed our way right through there,” center Nick Hardwick said. “If we're a finesse team, we'll take that. .... We'll take any comments they can throw at us. Rookies will learn not to say things that they shouldn't.”

Hali's comments came after a game in which the Chargers rushed for just 97 yards. But San Diego also had a season-low 23 carries because it trailed 20-3 after 19 minutes.

“We had to throw the ball a lot and we couldn't really get after them,” Dielman said of the first meeting. “This time around it was different. We had control of the game pretty much the whole time and we were pretty much able to do whatever we were told to.

“It wasn't finesse out there, I guarantee you that.”

Said rookie tackle Marcus McNeill: “We would be the first finesse team with an All-Pro running back. It's a double slap to the offensive line. We already don't get a lot of the credit. You're asking for a ballroom brawl. That's what you saw out there.”

No playoff blues
Even if they were so inclined, the Chargers will be unable to wear their popular powder blue jerseys during the playoffs.

You can't wear what you no longer own.

Chargers COO Jim Steeg said last night that the team's 2006 throwback uniforms – jerseys, helmets, etc. – have been donated to the NFL's auction Web site to benefit league charities. This effectively limits the team's postseason wardrobe choices to Navy blue (home) and white (road).

Though replicas of the Chargers' alternate jersey are readily available, the ones the players wear are custom-fitted and made overseas, Steeg said. Turnaround time alone makes a new set impractical three weeks before the playoffs.

“Are there extra LT (Tomlinson) jerseys (in the Chargers' inventory)?” Steeg said. “Probably. Are there extra Kris Dielman jerseys? Probably not.”

The uniform pants Tomlinson wore Nov. 5 against Cleveland – the last time the Chargers wore their throwback uniforms – are currently available on the NFL auction site. As of last night's opening kickoff, the top bid was $2,001.

Turner is back

Turner, who missed the past three games with a hamstring injury, didn't waste any time making an impact upon his return.

The Chargers called for a fake punt on their first series and Turner raced around the right side for a 25-yard gain. Three plays later Tomlinson scored his first touchdown.

Asked how long the Chargers have been working on that play, Turner said, “For years. We always had it in there; we just never called it.”

Turner has the option to call off the fake, but with only two Chiefs lined up on that side of the line, there was no reason. He credited Clinton Hart with making a key block.

Turner also had a career-long 58-yard kickoff return late in the third quarter to set up Nate Kaeding's first field goal.

Nuts 'n' Bolts

- Wide receiver Eric Parker suffered a neck injury just before halftime and did not play in the second half. His condition will be updated today.

- Every starting linebacker for the Chargers left the game at some point due to an infirmity, although all but Randall Godfrey (hamstring) returned. Donnie Edwards, Shawne Merriman and Shaun Phillips all were suffering from cramps, the team said.

- Godfrey tied his season total with two sacks, the first time he has had more than 1.5 in a game. Every starting linebacker had a sack except Merriman, who fell one behind Buffalo's Aaron Schobel in the AFC sack race (13.5-12.5).

- Linebacker Steve Foley, shot by an off-duty police officer in early September, was on the Chargers' sideline last night. Foley has attended several practices this season, but a club official said he thought this was the first time Foley had been on the sideline during a game.

Click here to read the original article from Jay Posner of the San Diego Union-Tribune
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Sunday, December 17, 2006

Politics this week: 9th - 14th December 2006


A stalemate continued between the Lebanese government and the opposition, whose supporters, more than 1m-strong, thronged the streets of central Beirut, demanding the removal of the prime minister, Fouad Siniora, and the creation of a national unity government in which Hezbullah, the main Shia party, would have a veto. See article

Leading Iraqi politicians criticized the report published last week by the Iraq Study Group co-chaired by James Baker, a former secretary of state. Iraq's president, Jalal Talabani, a Kurd, said it undermined Iraq's sovereignty. The White House said George Bush would not unveil his new strategy until sometime in January. Sectarian violence continued with one lorry bomb in Baghdad killing at least 70 Shia laborers on December 12th. See article

Iran held a long-heralded conference questioning whether the Holocaust ever happened. One of the guests was David Duke, a former grand wizard of America's Ku Klux Klan. The Iranian president, Mahmoud Ahmadinejad, addressed the meeting and repeated his statement that the “Zionist regime” would soon disappear. See article

Fears grew that the Palestinians' volatile mix of political and clan feuds could ignite an internecine conflict in Gaza. Gunmen shot dead a judge affiliated to Hamas, the ruling Islamist movement, two days after the killing of three young sons of a senior official of Fatah, the rival secular group.

Prince Turki al-Faisal, a long-time former head of the Saudi intelligence service, resigned abruptly as ambassador to the United States, prompting speculation that, among other possibilities, he might replace his ailing brother, Prince Saud al-Faisal, as foreign minister.

Islamist leaders who control Somalia's capital, Mogadishu, and most of the southern and central parts of the country, said they would soon launch a “major attack” against Ethiopian soldiers who have been massing in the west.

A court in Ethiopia decided that Mengistu Haile Mariam, a Marxist dictator who ruled ruthlessly for 17 years until 1991, was guilty of genocide. Over 70 people were convicted with him, in a trial lasting 12 years. He was tried in absentia.

At arm's length

General Augusto Pinochet, who ruled Chile from 1973-90 and who came to personify an era of brutal military dictatorship in South America, died of complications from a heart attack. His funeral took place at a military academy; there was no official mourning. See article

The outgoing United States Congress offered a crumb of comfort to four Andean countries on trade, renewing existing preferences for six months. Before ratifying free-trade agreements with Peru and Colombia, leaders of the new Democratic-controlled Congress have said they want extra labor-rights provisions attached to them.

Canada's Parliament rejected by 175 votes to 123 a motion by the Conservative minority government that would have allowed legislation to ban gay marriage.

The Arctic could see the complete disappearance of all-year-round ice in a few decades, American scientists have said. Data presented to the American Geophysical Union showed that ice was recovering poorly from the summer melt.

Remember him?


The ethics committee of America's House of Representatives issued its findings on the Mark Foley scandal. The report criticized Republicans in the chamber for failing to “exercise appropriate diligence”, but did not single out any individual for disciplinary action. Mr Foley's resignation, over his lurid contacts with teenage pages in Congress, was no help to the Republicans during the recent mid-term elections.

The Democrats completed their rout of the Republicans in the mid-term elections by defeating a seven-term congressman in a run-off election in a Texas district. Meanwhile, William Jefferson, a congressman who is being investigated for bribery, won his run-off election in New Orleans.

Must try harder


Ahead of a European Union summit, EU foreign ministers agreed to suspend a large part of Turkey's membership negotiations. This is punishment for Turkey's failure to fulfill its obligation to open its ports and airports to (Greek) Cyprus. The Turks fumed about injustice, noting that the Europeans had not fulfilled on their promise to lift a trade embargo on northern Cyprus. See article

Investigations into the Litvinenko affair continued to broaden. British and Russian detectives interviewed two Russians who met Alexander Litvinenko on the day he died. Traces of polonium, the substance used to kill the former Russian agent, were found to have contaminated four people in Hamburg. See article

Voters in Nagorno-Karabakh, an Armenian enclave within Azerbaijan, opted overwhelmingly for a constitution declaring their own sovereignty. But Azerbaijan continues to reject any notion of independence.

Transdniestria, a breakaway part of Moldova that is backed by Russia, re-elected its “president” to a fourth term.

Scolding averted


In mayoral elections in Taiwan's biggest cities, Kaohsiung and Taipei, voters failed to give the stinging rebuke many expected to the Democratic Progressive Party (DPP) of President Chen Shui-bian. Although the DPP's candidate lost the mayorship of Taipei to the opposition Kuomintang, the ruling party narrowly held on to Kaohsiung.

The electorate in the Indonesian province of Aceh had its first chance to vote directly for a governor and other officials. It was a landmark in the effort to bring an end to 29 years of secessionist war. Polls suggested that former independence activists had done well. See article

In Bangladesh, the president, Iajuddin Ahmed, who is also head of a caretaker government, ordered the army on to the streets of Dhaka and other cities to keep order ahead of elections due next month. Four members of his administration resigned in protest.

America's Congress passed legislation allowing nuclear co-operation with India. The governments in Delhi and Washington, DC, declared it a great day for bilateral relations. But India's main opposition party continued to object, as did its Communists and some nuclear scientists. See article

Click here to the original news summary, pictures, and other features from The Economist
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Business this week : 9th - 14th December 2006

The chairman of Gazprom said that the Russian state gas monopoly planned to buy around 50% of Sakhalin II, confirmation that Royal Dutch Shell had bowed to pressure by ceding control of the energy project in Russia's far east. The decision had looked inevitable once Russian authorities began to challenge the LNG and oil project in September on environmental grounds. Many analysts saw that as a means to help Gazprom force its way into the venture, demonstrating how determined the Kremlin is to secure state control of energy investments in Russia.
See article

Politics and markets, cont'd

DP World, a company that is backed by the Dubai government, sold the American port assets it had tentatively acquired through its takeover of P&O to AIG Global Investment, a unit of the world's biggest insurer. Earlier this year the news that DP World was to manage operations in several big American ports sparked a political backlash over security—even though Dubai is an ally of the United States—and when the P&O deal was threatened, DP World volunteered to find an American buyer. The new owner has little experience of port operations.

The gloves came off in the bidding war for Corus, an Anglo-Dutch steelmaker. CSN, a steel company based in Brazil, made a formal bid of £4.9 billion ($9.6 billion), trumping a sweetened offer from India's Tata Steel that had been made just hours earlier.

Freeport-McMoRan's $26 billion proposed takeover of Phelps Dodge was dealt a blow when it emerged that SAC Capital, a hedge fund managed by billionaire investor Steven Cohen, had increased its stake in Phelps Dodge to more than 5% with the aim of blocking the deal. The combination of Freeport and Phelps would create the world's biggest copper miner, but SAC claims it would not be good for shareholder value.

In the biggest-ever acquisition in the Philippines, Mirant, an American power company based in Atlanta, sold its assets in the South-East Asian country to Tokyo Electric Power, Asia's biggest utility, and Marubeni, a Japanese conglomerate, for $3.4 billion.

Hewlett-Packard agreed to pay $14.5m to settle a civil case brought against it by California over the boardroom spying scandal that rocked the company in the autumn. Patricia Dunn, HP's former chairman, and four others have been indicted on charges stemming from the methods used to uncover the source of a boardroom leak and pleaded not guilty. Other federal agencies, including the Securities and Exchange Commission, are still probing.

Running out of superlatives


Goldman Sachs kicked off what is expected to be another stellar earnings season on Wall Street. The investment firm's net profit for the quarter ending November 24th rose by 93% compared with a year ago, to $3.15 billion, setting yet another Wall Street record.

NASDAQ formally launched its unsolicited £2.7 billion ($5.3 billion) bid for the London Stock Exchange and in the process lowered the level of the percentage of LSE shareholders that are required to agree to the offer. As it owns a stake of almost 29%, NASDAQ is now seeking the approval of just over a fifth of the LSE's other investors. They have until January 11th to decide.

A bid of A$10.9 billion ($8.6 billion) was formally made for Qantas Airways from a buy-out consortium. The Australian airline rejected the offer, but a deal is not off the table yet. The consortium has soothed Australians' worries about the takeover of their iconic carrier by keeping within the foreign-ownership limits set by the government; Australia's Macquarie Bank is leading the bid. Separately, speculation mounted that United Airlines and Continental were discussing a merger, more proof that consolidation in the airline industry may be about to take off.

Sabre Holdings, the parent company of Travelocity.com, a travel reservations website, agreed to a buy-out valued at some $5 billion from two private-equity firms.

Britain's Office of Fair Trading referred BAA to regulators because its “current structure” prevents cost savings being passed on to customers. The British airports operator, owned by a Spanish construction firm, has been criticized for its plans for Heathrow and its landing-slot charges.

A sure topic for conversation

America's trade deficit in goods dropped in October to $65.1 billion, its lowest level since August 2005, reflecting a sharp fall in the price of oil. However, the deficit with China continued to grow and hit $24.4 billion. The news came as a high-level delegation, led by Hank Paulson, the treasury secretary, and Ben Bernanke, chairman of the Federal Reserve, prepared to visit Beijing for talks on trade.

Click here to read the original news summary from The Economist
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