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E.W. Scripps Co. (NYSE:SSP)
Q3 2007 Earning Call
October 25, 2007 11:00 am ET
Timothy Stautberg - Vice President of Investor Relations
Kenneth Lowe - President and Chief Executive Officer
Joseph NeCastro - Executive Vice President, Finance and Administration
Richard Boehne - Chief Operating Officer and Executive Vice President
John Lansing - President of Scripps Networks
Mark Contreras - Senior Vice President of Newspapers
William Peterson - Senior Vice President of Television
Lori Hickok - Vice President and Controller
A.B. Cruz III – Executive Vice President and General Counsel
Alexia Quadrani - Bear Stearns
Peter Appert - Goldman Sachs
Joe Arns - Banc of America
Craig Huber - Lehman Brothers
Fred Searby - J.P. Morgan
Thomas Rousseau - Rousseau Gardner
Paul Ginocchio - Deutsche Bank
Ladies and gentlemen, thank you for standing by. Welcome to the E.W. Scripps Company third quarter earnings call. (Operator Instructions). I would now like to introduce your host for today's presentation, Mr. Tim Stautberg, Vice President of Investor Relations.
Timothy Stautberg
Thank you. Good morning, all. Thanks for joining us. We'll start the conference call today with comments from Ken Lowe, our President and CEO and Joe NeCastro, our Executive Vice President and Chief Financial Officer.
Our prepared remarks should take about 20 minutes. We know you have busy schedules so we'll make sure we're done by the top of the hour. Before we begin, let me introduce the other members of our senior management team who are here with us on the call.
Joining us are Richard Boehne, Chief Operating Officer; John Lansing, President of Scripps Networks; Mark Contreras, Senior Vice President of Newspapers, William Peterson, Senior Vice President of our TV Station Group; Lori Hickok, Vice President and Controller, and A.B. Cruz, our General Counsel.
Let me remind you if you prefer to listen in on the web, you can go to scripps.com and click on the shareholders button and find the link at the top of the page. An audio archive will be available on scripps.com later today and we'll leave it there for a few weeks so you can access it at your convenience.
Our discussion this morning will contain certain forward-looking statements and actual results may differ from those predicted. Some of the factors which may cause results to differ are set forth in our publicly filed documents including our 2006 Form 10-K.
Now, here's Ken.
Kenneth Lowe
Okay. Thank you, Tim. Good morning everyone. As always, we appreciate you joining us and of course, your continued interest in the E.W. Scripps Company.
This has been a momentous month for Scripps and its shareholders to say the least. Last week, we announced that our board of directors has unanimously authorized management to pursue a separation of the company into two publicly traded enterprises. One, focused on national lifestyle media businesses and the other, on local news information and entertainment franchises.
And today, we reported improved consolidated results for the third quarter led by very strong double-digit revenue and segment profit growth at our Scripps Networks operating division.
During the third quarter, Scripps Networks accounted for nearly half of the company's consolidated revenue and 70% of segment profits. The superb financial performance of Scripps Networks drove consolidated growth and looking ahead, we anticipate that strong performance at our national lifestyle brands will continue to carry the day for the balance of the year.
The success we're having at Scripps Networks is tied directly to the popularity of our flagship networks, HGTV and Food Network and the momentum we're creating at our newer brands, which include the DIY Network, the Fine Living TV Network and Great American Country.
At HGTV, the news is all good. Now, available in nearly 96 million homes, HGTV delivered a record of 1.1 rating for the third quarter and has the average household audience for the three month period climbed to one million, which by the way, is also a record.
September not only marked the highest month ever for young adult viewers, but it also helped the now completed 2006-2007 season become the highest rated ever in the Network's history.
Programming highlights during the third quarter include the finale of our breakout hit, Design Star. Nearly four million women watched Kim Myles become this year's Design Star winner.
Now, that's more women watching a single HGTV program than any other prime time series in the Network's history. But Design Star really doesn't tell the whole story of the network's rating success.
Other new series that launched in the wake of Design Star, shows like Deserving Design, Color Correction and Find Your Style, all garnered strong ratings.
Now, we're expecting even bigger and better things now that Jim Samples is on board as HGTV's new President. Admittedly, he's got a tough act to follow, succeeding Judy Girard who really has done an outstanding job adding a whole new dimension to HGTV's programming.
On the Food Network, hot prime time shows like Ace of Cakes, Dinner Impossible and Throwdown with Bobby Flay are driving 20% to 30% ratings increases for their respective time slots over the prior year.
On September 8th, the finale of Alton Brown's Feasting on Asphalt II attracted more than one million viewers. Now, that was more than double the households that tuned in during the same time slot just a year ago.
Food Network has done an exceptional job establishing a solid prime time audience. In fact, the third quarter was the highest rated, most watched quarter in the Network's history.
Plus, Food is a top ten network for women in the 25 to 54 demo, both in primetime and total day. Now, there has been a little slippage in Food's daytime ratings as I'm sure you're well aware, but we're actively working to reverse that trend by developing new talent and creating new programming and improving current shows.
We're also planning an off air media campaign that will parallel on-air promotions that will highlight our in the kitchen block of programming. The campaign's focus will be on the programming improvements that we're making and we're excited about it.
In our newer networks, the focus has been on securing carriage and greeting new viewers with quality programming. All of our newer networks, DIY, Fine Living and Great American Country, are either at or near the 50 million household range, which frankly really exceeds our early expectations for these networks.
In each of our networks has a growing cadre of loyal viewers. DIY, for example, got its usual high marks in Beta Research's latest digital cable subscribers study. The Network ranked number two among adult viewers with household incomes of $75,000 or more and it was number two among viewers for overall satisfaction.
Ratings growth was encouraging to DIY in August and September led primarily by a new series we introduced called Blog Cabin. Now, we're taking advantage of the audience that we're building and with this popular new program by giving ad exposure in the following time slots to other promising shows, which include Desperate Landscapes, Man Caves and Under Construction.
Now, over at Fine Living, we're welcoming new viewers with great programming including the Martha Stewart Show, which airs the day after its syndication debut. In another programming arrangement with Martha, Fine Living next month will begin carrying a best of compilation series called Martha Stewart Crafts.
And finally, Great American Country, we have the exclusive TV premiere of Garth Brooks' new music video, as well as a line-up of Garth centered specials this month and next.
Clearly, we're creating plenty of momentum at our newer networks. We're also building considerable momentum on the interactive side of Scripps Networks. The 31% growth and interactive advertising revenue that we reported today is a direct result of the success that we're establishing at Scripps Network's interactive division, which is our leading destination for useful and entertaining lifestyle content.
Here are just a few of the highlights from the past three months. During September, Food Network.com marked its 15th consecutive month as Nielsen's top-rated website in the food and cooking category. The site attracted an average 8.2 million unique visitors during the month, its highest September on record, up 27% from the year before.
Food Network's on-line success is also rubbing off on Recipezaar which as you recall, we added to our interactive portfolio in July. Since integrating the website with our other on-line businesses, Recipezaar's unique visitor count is up a whopping 78% and page views of have more than tripled over where they were just a year ago.
Also Food Network related, we've deepened our on-line relationship with Rachael Ray with a deal that allows our ad sales group to sell placements on her website for a share of the ad revenue.
We're also seeing plenty of growth at our other websites. DIY Network attracted 37% more unique visitors during September than the same month a year ago. And nearing the quarter, HGTV.com averaged more than 4.4 million unique visitors a month.
Scripps Networks is establishing itself as the undisputed leader in lifestyle content both on television and on the Internet.
Scripps also has established itself as a leading competitor in on-line comparison-shopping with Shopzilla in the United States and uSwitch in the U.K. At both businesses, which are the foundations for Scripps interactive media division, we're adapting to the changes in the competitive landscape that have affected results for the first three quarters of this year.
While energy switching remains weak at uSwitch, we saw some positive trends building at Shopzilla as the period grew to a close. Net revenue growth at Shopzilla was in the double digits in September, indication that we're getting a lot more efficient at acquiring paid traffic and are making solid progress building up the free traffic side of the equation.
That trend, I'm happy to report, is continued into October, which we believe bodes very well for Shopzilla for the balance of this year. On another positive note, Shopzilla marked its sixth consecutive month in September as the nation's top comparison shopping site on a unique visitor basis.
That's all encouraging news for Shopzilla as we look forward to 2008. Over uSwitch in the meantime, we're looking at a return to profitability by paring down costs to where we're moving more in line with the lower switching activity that we're experiencing.
Turning now to our local media businesses, both our Newspaper division and our Television Station Group did a tremendous job controlling expenses in a very difficult local advertising environment.
Total revenue and segment profit at our newspapers declined during the third quarter; however, largely because of the impact that slumping housing and employment markets have had on our newspapers in Florida and in California. Also on-line revenue at our newspapers grew at a very healthy pace up 19% year-over-year.
At our television stations, we're truly looking forward to robust political advertising in 2008; as anticipated, third quarter results at our local stations reflected the relative absence of political compared with the record year that we had in 2006. We saw some improvement in local and national advertising, but those results were tempered somewhat by softer automotive than we hoped for.
Let me emphasize that we believe strongly in the long-term viability of our local markets. The current economic environment notwithstanding, we believe there's great potential for further growth in the communities where we operate local media businesses, particularly in Florida and in California. Our focus for now is operating our local media businesses as efficiently as possible.
And finally, before I turn it over to Joe, let me give you just a quick update on the separation plan that we announced last week. We've been quite busy since making the announcement on preparing our SEC and our IRS filings. We've also appointed an internal transition team and teams actually that will soon begin naming team managers at both companies.
At this very early stage of the process, we're on track to complete the transaction in the second quarter of 2008. With all of that, let me turn it over to Joe.
Joseph NeCastro
Thanks, Ken. Good morning, everyone. As we reported this morning, we had a very solid third quarter. After backing out the gain on Cityfeet, an investment we sold during the quarter, we beat the high-end of our forecasted EPS range by about $0.06.
Cityfeet by the way was one of several interactive investments we made a few years ago that we determined were not core to our holdings.
As for the quarter, the strong financial performance at Scripps Networks made the difference. Ad sales tied to improved HGTV ratings, a solid prime time at Food and a strong scatter market for all of our networks pushed total revenue well past our expectations. We also got a nice boost from the robust growth in on-line advertising.
Looking ahead, we had a very successful up-front this year with rate increases in the mid-single digits even after the C3 conversion. Altogether, I'd say that all systems are go for our cable networks.
As for other businesses, we're working through some challenges. At our newspapers, we're contending with weak local and classified advertising, as are all of our peers. All classified categories are under pressure, but it is particularly acute in our Florida and California markets, which are feeling the full effects of the weak housing market.
Here is a little more detail. Real estate classified revenue for our newspapers was down 18% and employment was down 19%. Automotive was a little better, but not much, down 16% during the quarter.
As Ken pointed out, our publishers have done a good job at keeping costs down. Newspaper expenses were down about 4%, thanks in part to a voluntary separation plan we implemented in the second quarter. Our newspapers also benefited from falling newsprint prices and overall lower newsprint usage. Our newsprint expenses were down 20% in the third quarter.
In our Station Group, the quarter played out pretty much as expected. Local and national advertising were up, but not as strongly as we would have liked because of the softness in the automotive category.
Otherwise, the lower revenue and segment profit can be attributed to the difficult comparison with last year's record political advertising.
As for our interactive media division, we're cautiously optimistic that we're seeing a turning point at Shopzilla. Net revenue--that's revenue net of our on-line marketing costs--grew by more than 10% in September and the trend looks even stronger for the current month and for the balance of the year. Net revenue is an important metric because it reflects our ability to efficiently generate traffic, both paid and free.
The uSwitch, however, weakness in energy switching has persisted. In response, we reduced our headcount there and our other expenses. Even with the lower level of switching activity, we believe uSwitch can and will be profitable in 2008 by lowering our cost structure.
Turning to our guidance for the fourth quarter, it's all pretty much spelled out in the press release so I won't go over all of the numbers here on the call. I would like to emphasize two points, though. First, we're anticipating double-digit revenue growth at Networks will continue through the last quarter of the year, ensuring that the full year will achieve our very high expectations for the business.
Second, the early indications are that we'll finish the year strongly at Shopzilla and we'll hit our full year segment profit forecast for Scripps interactive media.
Finally, let me bring you up-to-date on some non-operating items. Company continues to generate substantial free cash flow, so debt at the end of September was down to $606 million compared to $766 million at the end of the year.
Because there's less debt on the balance sheet, interest expense for the third quarter was down 41% to $9.1 million from $15.3 million during the same period last year. We're still expecting interest expense for the full year to be about $37 million.
Capital spending through nine months is up to about $79 million compared with $49 million at the same point in 2006. As we mentioned at the end of the second quarter, the difference is attributable to capital we're using to expand Scripps Networks headquarters in Knoxville; to upgrade our TV station's capabilities to broadcast high definition newscasts, and for software development in our interactive companies.
We're also spending some money in preparation for construction of a new newspaper production facility in Naples, Florida. All in, we're still expecting capital expenditures on the year to be between $110 and $125 million. As for our share repurchase program, we spent about $27 million to buy back our own stock. We repurchased about 650,000 shares during the third quarter at an average price of around $42.13 a share.
And with that, we conclude our prepared remarks and operator, we're happy to take questions.
Questions-and-Answers Session
(Operator Instructions) Our first question or comment comes from the line of Alexia Quadrani from Bear Stearns.
Alexia Quadrani - Bear Stearns
Thank you. A couple of questions, first, on the changes you've made in the day part at Food Network. When do you think you might see some traction from those changes, maybe some improvement in ratings there? And second question is on uSwitch, I know you made a move into some new verticals in uSwitch earlier in the year. When do you think you'll see some benefit from that as well?
John Lansing
I'll take the first one. We're very busy right now at Food Network, investing both in new talent, acquisitions, as well as programming concepts, as well as new programming for existing series that have been successful in the past, as well as adding marketing support and I anticipate that we would begin to see that improvement in the first quarter.
Richard Boehne
On your question about uSwitch, yes, uSwitch has expanded into some other verticals and has found a lot of traction there and those results are pretty good. The problem is at the same time the core energy market continues to be very weak so we're really kind of hunkered down at the moment just trying to conserve our capital and be careful about how we expand there.
But long-term, we have one of the very strongest brands in the United Kingdom. The market is very strong over there. We have a very good management team. And we think those other verticals--personal finance, car insurance and the others--will continue to grow in advance under that uSwitch brand.
Alexia Quadrani - Bear Stearns
Just so I understand it correctly in uSwitch, it's really I guess the weakness is more because of the pricing environment among the utility providers is not overly competitive right now more than the function of how you on uSwitch is positioned, is that fair?
Richard Boehne
That's absolutely correct. uSwitch is positioned very well, but the energy prices are down and there is not a lot of energy switching. At the moment, that's the core product so hence the weakness that you're seeing.
Alexia Quadrani - Bear Stearns
And then just one last question on the newspaper side of the business. I know you don't report monthly numbers, but could you give us a sense how newspapers may be trended in the quarter. Did you see a dramatic drop-off as the quarter progressed or is it pretty evenly across the quarter?
Mark Contreras
It was really kind of a market-by-market phenomenon. I can't tell you that there was a trend downward as August and September trailed off. The only trend that may be of interest is expenses continued to come in strong and we anticipate that trend going into the fourth quarter as well. I'm reluctant to give any visibility in the fourth quarter at this point.
Our next question comes from the line of Mr. John Janedis from Wachovia.
John Janedis - Wachovia
Hi, thank you. Good morning. A couple of questions. One is, maybe to pile on a little bit. Can you talk more about the reduced on-line switching activity, uSwitch? Should we look at that as a permanent shift? And what's the catalyst to increase switching given the competitive environment?
Richard Boehne
The catalyst would be raising energy prices in the United Kingdom. That's the core issue right there. It's not anymore complicated than that. Energy prices have been flat-to-down over the past now almost nine months. And that has really reduced switching activity. It's really not anymore complicated than that.
We feel and always have felt based on the due diligence we did that long-term energy prices will increase in United Kingdom and in Europe and should be a very robust market, but it is very volatile as being demonstrated over the past nine months.
So, we're confident it will come back. But when is a tough call at this moment.
John Janedis - Wachovia
Okay. And then just from the cable side, how do you feel about the scatter market today relative to maybe your second quarter call and have you felt any kind of positive impacts from any make-up situations from the networks on broadcast?
Richard Boehne
I'm sorry. On broadcast?
John Janedis - Wachovia
Are there any make-up situations in the broadcast network side that are helping you, specifically?
Richard Boehne
The answer to that is yes. There are some under-delivery issues with the major broadcast networks that are eating up a lot of inventory and then creating opportunity for cable networks, ours in particular.
We're continuing to see the same strength that we saw in the third moving into the fourth. So, we're seeing scatter versus scatter pricing up in the 9% to 10% range and scatter versus up-front in the 25% range and continue to see that going forward.
John Janedis - Wachovia
Great, thanks. And quickly, Joe, just on the tax rate, can you give us a sense of the fourth quarter?
Joseph NeCastro
Let me dig that out, John. I'll break back in when I have it.
John Janedis - Wachovia
All right, thanks.
Our next question or comment comes from the line of Mr. Peter Appert from Goldman Sachs.
Peter Appert - Goldman Sachs
Thank you, follow-up question for Mark. Mark, you reported and some of the other publishers have reported notable improvement in the national category. Can you just talk a little about what's driving that and the sustainability of that?
Mark Contreras
Peter, a large part of that is because we made an investment in January to wrap ourselves in effect with three people dedicated to selling both print and on-line advertising. So, while we've had some categories kind of help us organically, much of that increase was attributable to the fact that we put some elbow grease into it.
And our return from that investment is more than two to one at this point, in terms of dollars spent for revenue generated. Because we're finding that there is a lot of revenue out there if you can put on-line revenue in one package and national print in one package to really focus on it. It is a small category for us.
Peter Appert - Goldman Sachs
Sure. So, it is not category specific.
Mark Contreras
No. It's attributable to the extra resources, we dedicated to it.
Peter Appert - Goldman Sachs
Okay and thank you. And then on related question, I guess for Ken. There's been quite a bit of volatility in the profitability of the interactive segment since you bought Shopzilla.
I'm wondering if you could just give us help in terms of understanding, where you think it settles out, in terms of what kinds of margins are achievable or sustainable in this business in '08 and beyond?
Kenneth Lowe
A firm grasp of the obvious; there has been a lot of volatility. You know, on the Shopzilla side, some of that volatility has come from increased competition from some our retail partners and the whole pricing structure of keyword marketing, all of the things you know.
But I think, the take away is even with the management change, we've come through in pretty good shape, all things considered and I'm very impressed with Bill Glass and his team and how though have adapt and continue to continue to adapt to this change in market place.
And as you heard in my remarks and Joe's, we're feeling very good about where we are with Shopzilla right now and our ability to adjust to the competitive environment. Rich talked a little bit about uSwitch. We've got a great management team there under Andrew Salmon.
So, while there is volatility in these businesses, we have said all along we knew that going in. Not a lot different in the early days of when we were launching the cable networks. And we would be on calls of this nature and talking about the ups and downs of where we were with the growing new business.
As far as long-range and looking at margins, I think at this point, I would pass on that only because we need to get a little bit more into '08 to get a better feel for how these businesses are really shaping up.
Joseph NeCastro
With respect to John Janedis' question, we expect that the tax rate in the fourth quarter to be up some from the third quarter and there were some positive adjustments.
And the rate has been up and down. We expect the full year effective rate to be somewhere between 31%-31.5% so you can kind of derive what the fourth quarter rate ought to be.
Peter Appert - Goldman Sachs
And is that the same rate you think in '08, Joe?
Joseph NeCastro
It is early to think about that. It could be up just slightly, but I think it will be in the same ballpark.
Our next question or comment comes from the line of Mr. Joe Arns from Banc of America.
Joe Arns - Banc of America
Yes. Good morning. It looks like even if I take out the effective lower newsprint cost figure, your newspaper costs were down about 2% to 3% in the quarter, is it possible to sustain this level of cost reduction going forward? And if so, where can you take out costs for which you are going to propose the separation plan.
Then second question, can you tell us how much your revenue at Food Network and HGTV comes in primetime? Thanks.
Mark Contreras
I'll take the newspaper expense question. We're being very disciplined about where, when and why we spend money. We're going to spend money in three areas: to grow our Internet business, to grow our local retail territories and to grow our niche products.
Beyond that, we're taking a look under every rock for ways to reduce expenses. The reductions that we've had so far in the third quarter represent about a 6% net reduction in FTEs to the extent that we add anybody, it is going to be to fill those three revenue areas and we are looking enterprise-wide at looking at functions that we can centralize or outsource.
So, I guess the short answer to you is that we're committed to keeping our eye very closely on expenses, because it is a necessity at this point in the cycle of our business. We do think that the investments in those three other areas do have a return and that's why we're going to keep continued spending on those.
But our plan is to look for the foreseeable future with expenses net, net, net down, and excluding newsprint, obviously because of the fluctuations there. Hope that's helpful.
Kenneth Lowe
Yes and Joe, on the revenue-related to primetime, really depending on the network, depending on the quarter, it would fall within a range of 30% to 40%.
Our next question or comment comes from the line of Mr. Craig Huber from Lehman Brothers.
Craig Huber - Lehman Brothers
Yes, good morning. A few questions, first one, just to go back to just recently, you announced you're breaking up the company. Can you just discuss the Scripps family trust. Are there any restrictions in there that prevent you in the future perhaps from selling the cable network interactive sub company in the future?
Joseph NeCastro
I tell you what we do know. After the split, we will have identical capital structures. The trust will continue to control both companies. What we know about the trust and its restrictions is that it must control a company called E.W. Scripps Company and it will continue to control that company.
That company must be in the newspaper business, which obviously it will continue to be post-split. We're not making any assumptions about it but we don't anticipate any restrictions on the trust with respect to the other company.
Craig Huber - Lehman Brothers
Okay. Then also just a few nit-pick questions. 2008 CapEx just in light of the one-time items you're talking about this year, and also newspaper costs, you mentioned in your guidance fourth quarter, newspaper costs would be down slightly.
I believe in the third quarter is down 5%-5.5%, looked like the comparison is pretty identical year-over-year. Why the slowdown? Is the mixture in investment spending perhaps, going on in the fourth quarter?
Kenneth Lowe
2008 CapEx, we have not finalized budgets. I would anticipate that, on a consolidated basis, they could be similar to this year because the significant bulk of the Network's expansion expenses will be next year. And then Naples will also kick in much more significantly next year.
So, I wouldn't be surprised to see '08 to be of a second large year in a row. Beyond that, I expect, on a consolidated basis again, they would fall off significantly after that. Probably down to half, to that level. And your second question was on?
Craig Huber - Lehman Brothers
Overall newspaper costs.
Mark Contreras
The biggest chunk there obviously is going to be newsprint pricing and usage and that's what is driving much of that. In addition, we're going to hold the line on FTEs, we're down about 300 FTEs, which is about 6%. That will continue largely into the fourth quarter. We'll have some spending on Internet marketing and executing of the Yahoo deal, but those are the major drivers of our expenses for the fourth quarter.
Craig Huber - Lehman Brothers
And then lastly, if I could, just concerning the up-front market for cable networks, can you just give us a sense of what the ratings guarantee percent change that you've guaranteed your advertisers for this new year?
Kenneth Lowe
You know, I would rather not get into this specific ratings guarantees other than to say that we enjoyed a pricing increase going into next year of double digits once you count the C3 effect, 5% and 6% on top of the C3, but in terms of the actual guarantees, I would rather stay away from that, Craig.
Our next question or comment comes from the line of Mr. Fred Searby from J.P. Morgan.
Fred Searby - J.P. Morgan
Thank you. Congratulations on the quarter. I had a couple of questions. One, could you break out whether you saw any revenues from the Kohl's deal and where that's going, to what line item that's going into. I don't know if that's in the Food Network.
Secondly, Food ratings were weak this quarter and HGTV's were stellar. I follow them. I'm just curious as to why they had the same revenue growth. That surprised me. I expected HGTV to have very strong, but I was surprised by how strong Food was.
If you could give me more color on why there seems to be a parity in spite of the fact that HGTV is not going to cover up the bone; it's a little bit of lackluster. And then the Comcast deal you struck on affiliate fees; affiliate fees were up nicely at 23%. Did that go into effect in the quarter and is that helping to boost it a tiny bit?
Kenneth Lowe
Let me start with Comcast. We were accruing that revenue from Jan 1 throughout the year assuming the completion of the deal, Fred. As far as revenue HGTV and Food, both, if you look at primetime, both networks had a stellar quarter. In fact, both hit all time highs in primetime.
Both airing their signature series, next Food Network Star and Design Star and our ad sales grew, did an unbelievably great job monetizing those projects both on air and on-line. And as you know, our on-line revenue flows through the P&L of the networks themselves.
So, we had a great deal of positive momentum driven through prime time during the quarter. And HGTV was fighting back somewhat. If you recall, we were in a bit of a hole in the second quarter with HGTV daytime.
And so, we were fighting back HGTV daytime in the third quarter and thanks to the great work at the brand, they were able to turn that around. But some of the inventory in the third quarter was used to make good some of the guarantees from the second quarter and that would have a balancing effect on the daytime of both HGTV and Food.
And then as far as the Kohl's revenue, that flows through the Food Network, P&L through other revenue.
Fred Searby - J.P. Morgan
Ok. I didn't even look at what the other was in Food. But was that material and should we expect that to pick up going forward?
Kenneth Lowe
It is early. Not yet material. But by the way, the sales at Kohl's have been really good and in fact, we're told by our partner at Kohl's, we're 15% ahead of their expectations quarter-to-date and so, we're very optimistic about where that will go.
Fred Searby - J.P. Morgan
One more question. So, it sounds like the parity was a little bit due to make goods at HGTV related to prior softness in the daytime ratings. HGTV should have a much, much stronger than Food given where things are tracking right now for the trends going into the fourth quarter I would assume. So, we should see that disparity widen, right?
Kenneth Lowe
Well, there's one mitigating effect. Generally, that would make sense. The one mitigating positive effect is that the fourth quarter is typically Food Network's strongest quarter. Because of the holiday season, it really goes hand-in-hand with programming on Food Network and our ratings--even our daytime ratings, which admittedly we're still working up out of some areas where we have some issues--but they will, without question, be the strongest of the last three quarters during this year's fourth quarter, based on just the traditional trends.
So, generally, what you're saying is true although I would only say it would be mitigated by the general strength of Food Network in the fourth quarter even in a down year.
Our next question or comment comes from the line of Mr. Thomas Rousseau from Rousseau Gardner.
Thomas Rousseau - Rousseau Gardner
Great news and two questions. Joe, as it relates to Shopzilla, you mention that the net revenue was up 10%. It was a balance between the mix shift between purchase and free and I wonder if you can describe those components a bit more?
Joseph NeCastro
Yeah, Tom, we haven't generally given the split up between the two, but I will tell you that we're getting a lot more effective in our keyword buying and I think we've been able to be a lot more efficient.
We, earlier in the year expanded our capability to bid on a much, much larger quantity of names and we worked through that and as we have pared that back down, we've been able to get, we've been able to get a lot more efficient and smarter about what we buy and what we pay for them.
The free traffic on the other side is up over 20% year-over-year. We feel really good about that. A lot of the initiatives they've been spending money on through site development have been centered around the user experience and getting in to be more of a choice, a destination, if you will. And I think that's starting to pay off handsomely.
Thomas Rousseau - Rousseau Gardner
Ok. So and that free traffic which is what you were hoping for initially is starting to pan off.
Joseph NeCastro
Yes, it is.
Thomas Rousseau - Rousseau Gardner
Good. Mark, could you bring us up to date on your end of the roll-out with the Yahoo consortium, whether anything has yet surfaced and then independently, how your digital is working away from the national category, which you discussed, succeeded because of staffing that you put on that task.
How is it going across the other categories in terms of staffing and the effectiveness of your in-house Internet ad sales efforts and what's happening with Yahoo?
Mark Contreras
I'll start, Tom, with the Yahoo deal. We've got two batches of papers, one batch that went into the Yahoo co-branded site in December, the other that went into the summer. When you look at their year-over-year performance in terms of page views, about a 7 to a 10 point improvement after versus before. The Yahoo deal clearly has done good things for us.
I just took a look at this. If you took all of the job listings in our markets and you looked at how many just the Newspaper had, how many Hot Jobs had, how many Career Builder had, how many Monster had and you threw them all into a bucket, duplicated.
The Hot Jobs/Newspaper group is about equal to the combination of Monster and Career Builder, at least in our market. So, that, to me, also is another important guidepost that the deal is positive for us.
Thomas Rousseau - Rousseau Gardner
And is that market share bigger now that you've joined the Hot Jobs' effort or was that the historic relation of Hot Jobs against the newspaper or Career Builder and Monster?
Mark Contreras
I don't know the answer to that question.
Thomas Rousseau - Rousseau Gardner
Mark Contreras
But I do know when we're combined with them, it is a powerful partner to have. We knew going in that they had significant traction but their traction has grown as a result of their affiliation with us as well. And in terms of just generally, our on-line business, we're happy with the traffic. We're happy with the audience we're generating.
Again, just a couple of anecdotes. The impressions that we're serving are up 60% as the CPMs that we're getting for those banner advertisements are up 90% again Q3 versus Q3. So, in general, we're very happy with our on-line business overall. And it's becoming an increasingly big part of our business. It is about 10% to 12% of our profit.
Thomas Rousseau - Rousseau Gardner
Mark Contreras
And about 8% of our ad revenue, so, we're generally very happy.
Our next question or comment comes from the line of Mr. Paul Ginocchio from Deutsche Bank.
Paul Ginocchio - Deutsche Bank
Thanks, a question for Joe. As you generate cash over the next couple of quarters, the second quarter, can you just talk about what you'll do ahead of the split. You just pay down debt if you can pay down debt or just build cash. Thanks.
Joseph NeCastro
Sure, Paul, we're going to continue to do what we've done in terms of, continue to buy back shares under this program that we've initiated. In fact, we're going back to re-up in a couple of weeks at the next board meeting.
So, that will continue. We will use the excess cash to pay down debt if possible, but I think we're going to have a fair amount of capital spending in the fourth quarter certainly on some of these projects maybe in the next year. So, I don't anticipate a significant reduction in debt between now and then.
Paul Ginocchio - Deutsche Bank
Okay. So, you can buy shares right up until the split.
Joseph NeCastro
(Operator Instructions) Gentlemen, I'm showing no additional questions or comments in the queue at this time.
Timothy Stautberg
Thank you, operator. I will be available this afternoon if you should have further questions. The number is 513-977-3826. Otherwise, thank you for your participation today and have a great day.
Ladies and gentlemen, this does conclude our conference for today. Everyone have a wonderful day.
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COLUMBIA — Howard L. Pemberton of Storm Lake, Iowa, and formerly of Columbia, died Tuesday, May 8, 2012. He was 92.
Howard Pemberton was decorated Army veteran
Thursday, May 10, 2012 | 8:07 p.m. CDT; updated 8:50 p.m. CDT, Thursday, May 10, 2012
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subset: commoncrawl


text:
Puppy wants to go out and play.
By: jjbbcSubscribe Channel: Pets & Animals
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text:
How to Hook up Your Computer to Your TV
Connect Your Computer To TV HDMI Cables
Looking to hook up your computer to your TV. Hooking up your PC to your TV is really easy if you know how. That is why we created this hook up your computer to your TV guide to help you make that transition from cable to Free online TV!
If you want to watch TV for free online from the comfort of your couch, then this section is for you. This guide on how to hook up your computer to your television will talk about the easiest and cheapest ways to get great quality video directly from your computer to your TV. That means watching TV for free whenever you want on your TV.
"It's easy to Connect Your Computer To Your TV to Watch HD TV Shows Right On your TV. Check out the full free episode below to check your connection."
Before you can watch TV on Your Computer you need to know what types of ports your devices have, and what types of HDTV cables and connectors you will need.
If you are connecting a laptop to TV check out our how to connect laptop TV guide.
START HERE -> 1. find the type of output you have for video on your computer and match it with the picture and description below. (HDMI to HDMI connection recommended)
NOTE: If you don't have matching inputs you can find a converter for one end of your HDTV cable.
2. find the input on the back of your TV and match it with the description below.
3. find the cable or cables that you will need to start watching TV for free on your home TV today.
4. make sure you have a standard 8mm to RCA cable, or an optical cable, depending on your audio setup. This will enable you to hear sound out of your TV or home surround system. (some types of connections like HDMI, Composite, Component, and regular RCA Video/Audio Cables tend to include audio and video in the same cable, although you still need the correct audio input on your devices.)
FOR A PC: Once you are hooked up, you'll need to go into your driver settings on the PC. In Windows, right-click on the desktop and hit Properties to access the Display Properties window then go to the Settings tab. On some video cards you can select/enable an alternate monitor (the TV) right from this window, but on most video cards you have to click the advanced button and configure it there.
FOR A MAC: Once you are hooked up, go to settings then click on displays. Go to the monitor tab and either choose mirror display to see what you see on your TV on your desktop. Or choose two screens to use a two-monitor system.
Common Computer Configurations:
The Mini-VGA connector is used on laptops and other systems in place of the standard VGA connector.
S-Video is all you need to hook up your computer and television to watch TV online if you have a matching inputs and outputs on your computer and TV. It provides quality and is cheap to buy. S-Video isn't going to get you the same resolutions as HDMI or DVI but it is the next best choice. Please keep in mind that S-video to S-video connection is becoming less and less common. There are S-video converters available.
A common output on a PC and input on TVs. It looks like this (a black circle about the width of your finger)
NOTE: If you don't have any of these inputs or outputs check the alternatives section.
A VGA is a simple solution for hooking up your computer and television to watch TV online if you are lucky enough to have a VGA out on the computer and VGA in on your TV. If you have an LCD TV you may have a VGA input on your TV so check now. These are vary common inputs on computers (It's the one you plug your monitor into.) You probably have one lying around the house.
HDMI is gives you the best quality video available right now and is perfect for hooking up your computer and television to watch TV online, but is also the most expensive.
These are common on newer video cards for the PC and on Macs. They can handle both audio and video. You may not need a separate audio set up if you have a HDMI out on your computer and a HDMI in on your TV. HDMI to HDMI is the best connection choice for watching HDTV on a Computer.
If you have an older Mac chances are you will use a DVI to hook up your computer and television to watch TV online. A common video input on Macs. Most Apple computers will use a DVI outport while Apple laptop to PC connections will need a Mini DVI. Either way you will probably need a converter since DVI isn't very common on televisions.
If you have an Intel Mac or a Mac laptop chances are you will use a MiniDVi to hook up your computer and television to watch TV online. They look like this (a smaller version of the DVI). The mini-DVI connector is beginning to replace mini-VGA. Mini-DVI connectors are most commonly seen on Apple's iBooks, eMacs, early PowerBooks (12 inch), and some iMacs, but has also been included on several laptops manufactured by Sony.
Other Types of Computer to TV connections:
If you can't do a HDMI to HDMI, S-video to S-video or DVI connection there are other choices. They are but not limited to: Composite, Component, and regular RCA Video/Audio.
Some of these PC / laptop / notebook to TV cable choices are HD but they won't handle the same resolutions as the options above. The bottom line is that if you can stream content from your computer to your television then that pretty cool on it's own. Try it out and upgrade to a new TV / new PC later.
Thanks For Reading How To Hook Up Your Computer To Your TV. We are working on this site a lot in the background and will soon have a store where you can buy cables dirt cheap and more robust documentation on pairing your TV with your computer.
Now that you have your computer connected to your HD TV, try it out with this free full episode of American Dad.
Please check out how to Watch Free TV Online's new Guitar Teaching How To Site ChordsGuitarTabs.com and learn how to play guitar! ObamaCare Facts and Guitar Tabs Mobile Site too. (We are updating all the time, at watch TV we are committed to being above board and creating useful informative sites on everything from guitars, games and HDTV cables... All the things we do every day!)


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Centar Pension Zagreb
Official Contact Details - CentarPhone: 00385(0)95/811 54 95
Small and quality private accommodation in the hart of Zagreb for fair price.
It is just what you are looking for in the city of overpriced hotels.
- Price from 16 EUR / Day
- 3 bedrooms
(click on a photo to view it)
Last updated: 09/26/2008
This is your property ?
CENTAR is a small private accommodation in the hart of Zagreb.We have 3 rooms with max capacity of 10 people.All rooms have private shower and toilet,separate entrance from the building hall.Attractive location puts you near most famous sights,museums,restaurants,parks,shops,...
We offer you quality accommodation for around 20 EUR per person or less.
twin/double room: 42 euro
triple room: 55 euro
four bedded(quad) room: 64 euros
extra bed: 14 EUR
discount for singles (if single person than 34 euros for room)
Prices & deals
- Lowest Daily Price:
- Highest Daily Price:
- Lowest Weekly Price:
- Highest Weekly Price:
- Cleaning fee:
- Charging Method:
- Payment Types:
- Cash
- Credit Card
- Cheque
- Travellers cheque
- Paypal
- Wire Transfer
Location & area
Gunduliceva street is in the center of town,west from Main train and bus station. ;
Take the bus to Zagreb bus station ;
Take tram No.2 to Botanic garden(4 stations), and there is Gunduliceva street ;
Less than 10 min walk to west or one tram station with tram No.2,4 or 9 to Botanic garden,than turn to Gunduliceva ;
Try to find us on wikimapia
- Address:
- 43 Gunduliceva, 10 000, Zagreb, Croatia
- Accommodation located in:
- business district, city, downtown, near cultural interest, near historical interest, near restaurants & bars, near shopping area, old town, town!
Amenities & services
All rooms are on high first flour, so it is easy to reach for old or disabled people.
Each room has private bathroom and direct entrance from the hall, TV and DVD player,DVD library
# of Units: 3... and each unit includes:
- Bedrooms: 3
- Bathrooms: 0
- Single beds: 0
- Double beds: 0
- Baby cots: 0
- Single sofa beds: 0
- Double sofa beds: 0
- Bath:
- Hair Drier:
- Shower:
- Towels:
- Washing Machine:
- Work Desk:
- Bed Sheets:
- Bikes:
- Cable/Satelite TV:
- Internet Broadband:
- Internet Dial Up:
- Ironing Board:
- Stereo/Radio System:
- Library:
- Telephone:
- DVD Player:
- Fax:
- Butler Service:
- House Chef:
- Local Guides:
- Local Transportation:
- 24h Concierge:
- Tours & Excursions:
- Fridge & Freezer:
- Crockery & Utensils:
- Dish Washer:
- Microwave:
- Oven:
- American Kitchen:
Living room
- Fireplace:
- Sofa Bed:
- Table & Chairs:
- Private Beach:
- Barbecue:
- Sauna:
- Garden:
- Shared Bathroom:
- Spa / Jacuzzi:
- Swimming Pool:
- Lift / Elevator:
- Disabled Facilities:
- Tennis Court:
- Terrace:
- Parking:
- Pets Welcome:
- Safe:
- Sea View:
- Central Heating:
- City View:
- Daily Cleaning:
- Air Conditioning:
- DVD/Music Collection:
- Ensuite Bathroom:
- Balcony:
Review - Centar
Centar - Contact the owner
Important Notice : Avoiding Fraud
It's rare, but some helpful hints to watch out for with regards to fraud:
- It is important to NEVER wire funds or use/employ other fund transfer mechanisms such as western union: Always use a credit card to protect yourself against fraud. If owners pressure you into providing a deposit or refuse to accept credit cards, there is a high probability that this is a scam.
- If at all suspicious of fraud, ask to see their website, or any other literature they can provide or send to you. Ask them for contact details for guests who have previously stayed on their property insisting on telephone numbers. Be suspicious of emails that originate from free email services (yahoo, hotmail, gmail, etc)
- Research the property thoroughly on the internet to see if there is any history or mention of scams associated with the property.


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The U.S. Forest Service has asked a federal court to lift an injunction blocking expansion of the Mt. Ashland Ski Area in southern Oregon.
The Ashland Daily Tidings reported Wednesday that the motion, filed in U.S. District Court in Medford, says the agency has fixed violations of environmental laws in the process for approving the expansion. That includes doing more studies on how 71 acres of new ski runs could harm old-growth forest habitat for the Pacific fisher, a weasel-like animal that lives in the area slated for development.
Ron Dimitre, of the Rogue Group Sierra Club, says environmentalists will ask to leave the injunction in place, noting that the Forest Service still needs to look at issues such as climate change and economic feasibility.
Share your experiences as part of EarthFix's Public Insight Network.


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Kenya's Wilson Kipsang has said he is out to break the two-year-old world record at the Berlin marathon on Sunday.
The 31-year-old Kipsang is aiming to better compatriot Patrick Makau's record of 2hrs 3mins 38 seconds set in Berlin in 2011 on the notoriously fast course over 42.195km through Germany's capital.
As one of the world's top six marathons, the Berlin course is flat and has a reputation amongst the elite runners of being "fast and forgiving", according to America's Desiree Davila, who finished second at the 2011 Boston race.
A total of eight marathon world records have been set in Berlin and, having finished within four seconds of Makau's world record in Frankfurt two years ago, Kipsang has been training to run under the 2:03.38 mark.
Staying focused
"From the start of my training, I was focused on breaking the world record," said Kipsang, who won the 2012 London marathon in 2:04.40 and finished third over the distance at the 2012 London Olympic Games.
"From my side, the training has been going well, I have run 2:03.32 in training and the time is beatable."
Kipsang has said he wants a split time of 61.44 mins at the halfway point and is in a strong field of elite runners to help sustain a world-record breaking pace, although Makau is missing with a knee injury.
Ethiopian running legend Haile Gebrselassie is the official starter having won the race four times from 2006 until 2009.
Four men's world records have been set in Berlin in the last decade including Kenyan Paul Tergat's 2:04.55 in 2003, and twice by Gebrselassie of 2:04.26 in 2007 and then 2:03.59 in 2008, before Makau shaved 21 seconds off two years ago.
In the main group of Kipsang's rivals, Kenya's Eliud Kipchoge, who won the Hamburg marathon on his debut in April, has said he is looking to better his personal best of 2:05.30.
"My main target is to run under my personal best, but I am ready to go with the best and will keep up," said the 28-year-old, who will be running only his second marathon.
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text:
Okia 450W ATX Power Supply. New.
OKIA 450W/500W ATX Power Supply. Supports Intel Pentium 4 and AMD. Switching Power Supply. Complies with ATX. Low Noise and ripple. High efficiency. Over current, over Voltage protection. Short circuit protection on all outputs. Energy Star Green Power. 110v / 220v switchable.
Click To Enlarge
- Item #: LC-8460BTX
- Manufacturer: Okia
- Manufacturer's Product Number: LC-8460BTX
- Condition: New


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All-time Best Corporate Character MascotsPosted: Monday, Feb 11, 2013 @ 8:30 am | Written by Renee C. Quinn | 10 comments
Posted in: Authors, Brand Building, IP News, IPWatchdog.com Articles, Marketing, Renee C. Quinn, Trademark, Trademark Basics
Recently Inc.com published an article titled The Art and Science of Corporate Icons, which discusses Skeeter the squirrel, who is apparently the only squirrel in the world allergic to nuts. Skeeter is also the cartoon mascot for Skeeter Snacks, a line of nut-free cookies created by Dave Leyrer and Pete Najarian, whose target audience is parents with children who have allergies to nuts. The Inc.com article, discussed the creation of Skeeter from the drawing board to the finished product, including what aspects of this critter they wanted to depict their brand. They wanted the product to not only be affordable and appealing to kids but also to show that they were "more playful than other allergen-free brands."
When speaking of a company's brand, most people are referring to the company's name or logo. But for many companies, it is the mascot that makes up the biggest and most memorable aspect of their brand, not only because it is recognizable to that company and it's product but also because it gives the company an opportunity to showcase more of a personality behind its brand.
Promoting one's Brand, including names, logos and mascots have become increasingly popular over the years, so much so that there are now board games and game apps dedicated solely to trivia of the recognition and knowledge of popular company brands. Needless to say, reading the article on Skeeter Snacks got us thinking about other iconic mascots that have been used by companies over the years to promote their brands and products. So, based on no scientific research, surveys or opinions other than our own, we compiled the following list of iconic characters that we feel are the best and most memorable, corporate character mascots of all times. And what better time than the start of a new year (okay, we are less than 5 weeks into one anyway) to add a new Best of the Best list into the mix.


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Wolff v. NH Department of Corrections et al
Filing 9
ORDER plaintiff to amend complaint 5 Complaint. Amended Pleadings due by 11/20/2006. Signed by Judge James R. Muirhead. (mxm, )
Wolff v. NH Department of Corrections et al Doc. 9 Case 1:06-cv-00321-PB Document 9 Filed 10/19/2006 Page 1 of 9 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW HAMPSHIRE Charles Jay Wolff v. New Hampshire Department of Corrections, et al. ORDER Pro se plaintiff Charles Jay Wolff has filed a complaint, pursuant to 42 U.S.C. § 1983, alleging that he has been denied religious dietary restrictions, including a Kosher diet, while incarcerated at the New Hampshire State Prison ("NHSP") (document nos. 5 and 7). Named as defendants are the New Hampshire Civil No. 06-cv-321-PB Department of Corrections ("NHDOC") and two NHSP employees, Gency Morse and James Daley. Also filed is a motion for appointment of counsel (document no. 6). The complaint is before me for preliminary review to determine whether, among other things, it states a claim upon which relief may be granted. See 28 U.S.C. § 1915A; U.S. District Court for the District of New Hampshire Local Rule ("LR") 4.3(d)(2). For the reasons stated below, I order Wolff to amend his complaint to demonstrate whether and to what extent he Dockets.Justia.com Case 1:06-cv-00321-PB Document 9 Filed 10/19/2006 Page 2 of 9 has exhausted the claims raised in his complaint.1 His motion for appointment of counsel is denied without prejudice to it being renewed at a later date should circumstances warrant renewal. Standard of Review In reviewing a pro se complaint, this Court must construe the pleadings liberally, see Ayala Serrano v. Gonzalez, 909 F.2d 8, 15 (1st Cir. 1990)(following Estelle v. Gamble, 429 U.S. 97, 106 (1976)), treating all well-pleaded factual allegations as true and drawing all reasonable inferences in the litigant's favor, see Aulson v. Blanchard, 83 F.3d 1, 3 (1st Cir. 1996) In the alternative, Wolff may file with this Court a voluntary notice of dismissal pursuant to Fed. R. Civ. P. 41(a), which provides in relevant part: [A]n action may be dismissed by the plaintiff without order of court (i) by filing a notice of dismissal at any time before service by the adverse party of an answer or of a motion for summary judgment, whichever first occurs, or (ii) by filing a stipulation of dismissal signed by all parties who have appeared in the action. Unless otherwise stated in the notice of dismissal or stipulation, the dismissal is without prejudice, except that a notice of dismissal operates as an adjudication upon the merits when filed by a plaintiff who has once dismissed in any court of the United States or of any state an action based on or including the same claim. Fed. R. Civ. P. 41(a). 2 1 Case 1:06-cv-00321-PB Document 9 Filed 10/19/2006 Page 3 of 9 (explaining that all "well-pleaded factual averments," not bald assertions, must be accepted as true). This review ensures that pro se pleadings are given fair and meaningful consideration. See Eveland v. Director of CIA, 843 F.2d 46, 49 (1st Cir. 1988). Discussion I. Exhaustion of Administrative Remedies Wolff brings this action pursuant to Section 1983, which creates a cause of action against those who, acting under color of state law, violate federal law. See 42 U.S.C. § 1983; Parratt v. Taylor, 451 U.S. 527, 535 (1981); Rodriguez-Cirilo v. Garcia, 115 F.3d 50, 52 (1st Cir. 1997). Act ("PLRA") provides: No action shall be brought with respect to prisons conditions under section 1983 of this title, or any other Federal law, by a prisoner confined in any jail, prison, or other correctional facility until such administrative remedies as are available are exhausted. 42 U.S.C. § 1997e(a)(emphasis added). As the Supreme Court has recently held in Woodford v. Ngo, __ U.S. __, 126 S. Ct. 2378, 2382 (2006), "A centerpiece of the PLRA's effort `to reduce the quantity . . . of prisoner suits' is an `invigorated' exhaustion provision, § 1997e(a). Porter v. Nussle, 534 U.S. 516, 524 (2002)). Id. (quoting The Prison Litigation Reform Prisoners must 3 Case 1:06-cv-00321-PB Document 9 Filed 10/19/2006 Page 4 of 9 exhaust even where the relief sought cannot be granted in the administrative process. Ngo, 126 S.Ct. At 2382-83. See also Booth v. Churner, 532 U.S. 731, 741 n.6 (2001)(holding that an inmate's perception that exhaustion would be futile does not excuse him from the exhaustion requirement). "The PLRA attempts to eliminate unwarranted federal-court interference with the administration of prisons, and thus seeks to `affor[d] corrections officials time and opportunity to address complaints internally before allowing the initiation of a federal case.'" Id. at 2387. However, the exhaustion requirement is not jurisdictional. Id. at 2387. "If administrative remedies are not available to an Kaba v. inmate, then the inmate cannot be required to exhaust. Stepp, 458 F.3d 678, 684 (7th Cir. 2006)." Therefore, "[c]orrections officials concerned about maintaining order in their institutions have a reason for creating and retaining grievance systems that provide -- and that are perceived by prisoners as providing -- a meaningful opportunity for prisoners to raise meritorious grievances." Ngo, at 2392. Because the PLRA does not say when a process is available, courts must apply the ordinary meaning of the term. See Kaba, 458 F.3d at 684 4 Case 1:06-cv-00321-PB Document 9 Filed 10/19/2006 Page 5 of 9 (citing Asgrow Seed Co. V. Winterboer, 513 U.S. 179, 187 (1995)). "In Ngo, the Supreme Court rejected the idea . . . that a process becomes unavailable because the prisoner does not comply with the procedural rules and therefore cannot obtain relief, and required courts to look at the reason why the administrative process is unavailable." Kaba, 458 F.3d at 684 (quoting Ngo, 126 S.Ct. at "Thus, when the prisoner causes the 2387, 2392-93)). unavailability of the grievance process by simply not filing a grievance in a timely manner, the process is not unavailable but rather forfeited." Id. At 684. On the other hand, when prison officials prevent inmates from using the administrative process, that process becomes unavailable. Id. (citing Dale v. Lappin, 376 F.3d 652, 655 (7th Cir. 2004)(holding that where prison officials failed to provide inmates with the necessary form to file an administrative grievance, administrative remedies are not available.") and Brown v. Croak, 312 F.3d 109-111-12 (3d. Cir. 202)(holding that administrative remedies were unavailable where prison officials erroneously told prisoner that he must wait until the investigation was complete before filing a grievance)). Viewing the allegations in the light most favorable to Wolff, I cannot conclude that he has demonstrated exhaustion of 5 Case 1:06-cv-00321-PB Document 9 Filed 10/19/2006 Page 6 of 9 administrative remedies with regard to each claim raised in his complaint. He filed the instant complaint on August 29, 2006 and alleges that at least some of the violations therein are ongoing and/or continued until the time of his filing. It appears, therefore, that at least as to the violations alleged to have occurred at the time of filing, that Wolff could not have fully exhausted those claims through the prison administrative grievance procedures prior to filing this action. While Wolff has stated in correspondence that he "has completed [his] grievance process" (document no. 3), there is no indication that he sought administrative review or pursued the administrative grievance procedures available to him at the NHSP. Thus, it is not clear on the face of the complaint that he has attempted to exhaust the administrative grievance procedures available to him prior to filing this action. However, the complaint does not exclude the possibility that he may have exhausted other claims raised in his complaint. II. Appointment of Counsel Wolff has filed a motion for appointment of counsel which, construed liberally, alleges that in light of the legal complexity of his case he cannot adequately represent himself 6 Case 1:06-cv-00321-PB Document 9 Filed 10/19/2006 Page 7 of 9 (document no. 6). An indigent litigant must show that exceptional circumstances exist to justify appointment of counsel, such that without counsel the litigant most likely would be unable to obtain due process of the law. Moran, 949 F.2d 15, 23-24 (1st Cir. 1991). See DesRosiers v. "In determining whether the circumstances are `exceptional,' courts have considered such factors as the merits of the case, the litigant's capability of conducting a factual inquiry, the complexity of the legal and factual issues, and the ability of the litigant to represent [himself]." Weir v. Potter, 214 F. Supp. 2d 53, 54 (D. Mass. 2002)(citing Cookish v. Cunningham, 787 F.2d 1, 2 (1st Cir. 1986)). While Wolff maintains that he is unable to represent himself adequately, he has not demonstrated an inability to litigate or other exceptional circumstances to justify the appointment of counsel. He has filed a complaint in which he has sufficiently presented his claims and alerted this Court to the federal violations at issue. At this preliminary stage in the proceedings, appointment of counsel does not appear to be necessary. Having considered Wolff's circumstances and the applicable law regarding his rights to legal representation, I deny his motion without prejudice to it being renewed at a later 7 Case 1:06-cv-00321-PB Document 9 Filed 10/19/2006 Page 8 of 9 date should circumstances warrant renewal. Conclusion For the reasons stated above, it is not clear on the face of the complaint whether or not Wolff has exhausted each of the claims raised in his complaint. Accordingly, I direct him to amend his complaint within thirty days of the date of this order to demonstrate, with specificity, whether and to what extent each claim has been exhausted through the administrative grievance process.2 If he cannot demonstrate exhaustion for each claim, I will recommend to the District Judge that the unexhausted claims be dismissed without prejudice to refiling after they have been properly exhausted through prison grievance procedures. See 42 U.S.C. § 1997e(c)(1) (requiring the Court to dismiss a prison conditions action sua sponte if the Court is satisfied that the plaintiff has failed to state a claim upon which relief might be In the alternative, Wolff may file with this Court a voluntary notice of dismissal pursuant to Fed. R. Civ. P. 41(a), as explained more fully above. 8 2 Case 1:06-cv-00321-PB Document 9 Filed 10/19/2006 Page 9 of 9 granted); LR 4.3(d)(2)(A). SO ORDERED. ____________________________________ James R. Muirhead United States Magistrate Judge Date: October 19, 2006 cc: Charles Jay Wolff, pro se 9


text:
Anomaly Has a Moment with Dick's Sporting Goods
Everyone loves sports ads celebrating unknown heroes, and Anomaly's latest effort for Dick's Sporting Goods is a suspense-filled nod to every young athlete's moment of truth–be it courtside, trackside, or curbside.
Entitled "The Moment", the :60 spot has all the fast cuts and chest pounding moments we've come to expect from the PA-based retailer (along with the requisite over-the-top orchestration). With back-to-school days on the horizon, it's sure to strike a chord with soccer/football/basketball moms and dads in need of some fresh gear for that future superstar.
Click through for the credits…


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Port McNeill, British Columbia (BC) Business, Travel, and Local Directory
|- 22 Links
|Canada > British Columbia > Vancouver Island > Mount Waddington Area > Port McNeill
Quick Info
Latitude: 50.58323
Accommodations - Bed & BreakfastAt Water's Edge Bed & Breakfast
Oceanfront luxury awaits at this custom built b&b. 4 guest suites each have private entrance & bathroom. Enjoy a "choose your own" breakfast before heading off on your North Island adventures.
Hidden Cove Lodge
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Roseberry Manor Bed & Breakfast
BBCanada.com: Roseberry Manor Bed and Breakfast, Port McNeill, BC
Seeview Bed and Breakfast
European style Bed and Breakfast
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Camp or stay at an ocean front cottage at Cluxewe Resort, set along a beautiful estuary in Northern Vancouver Island, British Columbia, Canada. A wonder of nature. Excellent fishing for salmon and ...
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Hidden Cove Lodge
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Accommodations - Hotels & MotelsMcNeill Inn On The Harborfront
Vancouver Island motel on the harborfront. Whale Watching, Kayaking, Grizzley Bear Tours, Scuba Diving all close by on Vancouver Island.
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Canoeing & KayakingWilder Than Your Dreams
Sea kayaking adventures of Haida Gwaii and the Great Bear Rainforest. Join Kingfisher Wilderness Adventures for a kayak adventure that will be wilder than your dreams.
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text:
Let's start by saying that of course, Django Unchained is not meant for children. As its R rating and even a modicum of common sense dictate, plenty of thought should be given as to whether anyone under 17 should bear witness to the cruelty and violence in Quentin Tarantino's spaghetti Western/slave revenge fantasy. Most children will not see it. But a lot of teenagers will. Because it's got a great trailer and Jamie Foxx looks like a badass in it. Because Tarantino has a string of popular movies behind him. Because it feels just a bit naughty yet righteous. Pick your reason.
But in our "post-racial" world, where the Civil Rights movement feels like ancient history for our children (though it was only about 60 years ago) and slavery is at best something barely covered in history classes, with about the same resonance as the lesson on George Washington crossing the Delaware, does the very existence of a stylized slavery tale require us to try for some sort of balance of the conversation? Or even acknowledgement that it's a conversation that still needs to be had? Do we need to make sure, risking heavyhandedness, that the basic facts of the matter are known and can temper the entertainment prism, either by having actual verbal conversations with kids or by providing them alternative viewing? READ FULL STORY


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The Weaver
Created by nidoking on 2006-08-26
Last modified: -
Viewed 125828 times
A swarm of 12 beetles will move towards the target point, each latching onto an enemy unit that it comes into contact with. Each unit will only get latched onto by one creature maximum.
Level 1 - Deals 15 damage per attack, lasts for 8 seconds.
Level 2 - Deals 20 damage per attack, lasts for 12 seconds.
Level 3 - Deals 25 damage per attack, lasts for 16 seconds.
Level 4 - Deals 30 damage per attack, lasts for 20 seconds.
When a beetle latches on a a target, it will remain there until it is killed or the duration expires.
Beetles are magic immune, but can be killed in 4 attacks.
Every 1.5 seconds, the beetle will attack its target, dealing damage and reducing the target's armor by 1 until the beetle is killed or the duration expires.
Beetles provide 250/250 sight, but will drop off their target if it becomes invisible.
Casting range: 900
Mana Cost: 100
Cooldown: 36/33/30/27 seconds
Comment: A useful skill for you and your teammates. it is better than observer wards.
Causes the Nerubian Weaver to move so fast as to become invisible. Any units passed through will take damage. Lasts 4 seconds.
Level 1 - Nerubian weaver becomes invisible. 90 damage to units passed through.
Level 2 - Nerubian weaver becomes invisible. 100 damage to units passed through.
Level 3 - Nerubian weaver becomes invisible. 110 damage to units passed through.
Level 4 - Nerubian weaver becomes invisible. 120 damage to units passed through.
Damage type: magical
Can only damage a unit once per cast.
0.25 second fade time
Area of Effect: 175
Mana Cost: 60
Cooldown: 12/10/8/6
Comment: Great skill for farming, trying to stay alive, or anyhow you wish to use this skill.
Occasionally the Nerubian Weaver will send out two swarms, attacking an opponent twice. You must do an ordered attack to activate this.
Level 1 - Nerubian Weaver sends out two attacks.
Level 2 - Nerubian Weaver sends out two attacks.
Level 3 - Nerubian Weaver sends out two attacks.
Level 4 - Nerubian Weaver sends out two attacks.
Geminate Attack is an Orb Effect.
The extra attack will never trigger attack effects (orb effects, bash and critical strike).
Nerubian Weaver needs an attack order for this ability to activate.
The attack in which this skill procs is considered an Orb Effect Buff Placer, while the bonus attack is considered only an Orb Effect.
Can affect towers.
Mana Cost: N/A
Cooldown: 6/5/4/2.5 seconds
Comment: Need a faster attack? This should help you.
Warps the Weaver 5 seconds back in time, resetting the HP, Mana and position. Does not affect cooldown, gold or experience.
Level 1 - Warps Nerubian Weaver 5 seconds in the past.
Level 2 - Warps Nerubian Weaver 5 seconds in the past.
Level 3 - Warps Nerubian Weaver 5 seconds in the past.
Removes negative buffs from Nerubian.
Mana Cost: 150/75/0
Cooldown: 60/50/40
Comment: A very useful skill when hero hunting..
Skill Build:1. Geminate Attack
2. Shukuchi
3. Geminate Attack
4. Shukuchi
5. Geminate Attack
6. Time Lapse
7. Geminate Attack
8. Shukuchi
9. Shukuchi
10. Watcher
11. Time Lapse
12. Watcher
13. Stats
14. Stats
15. Stats
16. Time Lapse
17. Watcher
18. Stats
19. Stats
20. Stats
21. Stats
22. Stats
23. Stats
24. Stats
25. Watcher
Item Build:1.
Animal Courier (150)
Active: Summon Animal Courier
- Creates an Animal Courier to carry items
- 5 manacost
- Animal Courier has 45HP, 0 armor and magic immunity
**Gives 150 gold to each enemy player when killed
**Does not drop items it is holding when killed
**Respawns 3 minutes after being killed, items inaccessible during that time
Wraith Band (485)
6 Agility
3 Strength
3 Intelligence
3 Damage
Slippers of Agility + Circlet of Nobility + Wraith Band Recipe Scroll
Power Treads (1400)
60 Movement Speed
30 Attack Speed
8 Selected Attribute
Active: Switch Attribute
Switches the attribute that receives a bonus. From Strength to Intelligence, Intelligence to Agility, and Agility to Strength.
Note: Can only carry one. Movement speed bonus doesn't stack with Boots of Travel, Phase Boots, Power Treads, or Boots of Speed.
Boots of Speed + Gloves of Haste + Boots of Elvenskin or Robe of the Magi or Belt of Giant Strength
Monkey King Bar (5400)
88 Damage
15 Attack Speed
Passive: True Strike
Prevents your attacks from missing (except due to exceeding Movement Buffer Range on melee units). Interferes with some attack modifiers on ranged units.
Passive: Mini-Bash
35% chance to bash on attacks. 100 bonus damage. Stuns for 0.01 seconds.
Note: Clicking the item will toggle True Strike on and off.
Demon Edge + 2x Javelins
The Butterfly (6000)
30 Agility
30 Damage
30 Attack Speed
35% Evasion
Eaglehorn + Talisman of Evasion + Quarterstaff
Radiance (5150)
60 Damage
Passive: Burn Damage
Deals 45 damage per second. 650 AoE.
Note: Clicking Radiance will toggle Burn Damage on and off.
Sacred Relic + Radiance Recipe Scroll
Early Game:
ITEMS: Power Treads, 4 Wraith Band, Ring of Regeneration, Animal Courier
STRAT: We all know that Weaver has a low hp so my main strategy for the Weaver is try to max out his attack speed and attack damage. That's why at the start of the game i usually go for the most Wraith Bands i can form. For my strategy, 4 WB's will suit me well for farming and hero killing. It may sound time consuming, insane or not advisable but it works for me.
Weaver is an easy prey because of his low HP. if in doubt, you can always add some HP uppers.
Denying is my game and it is the only way to win in a lose-lose situation. Try to deny as many ally creep as you can and try to get the last hit from an enemy creep. Also, try doing cheap shots specially when you are facing melee heroes. If facing ranged heroes, try using shukuchi as cheap shots. Farming through neutral creeps will help you in later games.
When trying to go for hero killing, make sure you have a full HP or at least a decent one that you think you can beat your opponent. Usually Weaver is a kill-stealler or should i say, more of a team player. He cannot face heroes all by himself. He usually needs his allies.
TIPS/TRICKS: attack-sukuchi-attack-sukuchi-attack... when in doubt or HP turns orange, use timelapse... then attack again... or sukuchi for making the get-away.
By this time you should be farming for a Monkey King Bar.


text:
The short take-off/vertical landing (STOVL) F-35B might be used for the UK's Joint Combat Aircraft (JCA) programme after all in a major policy u-turn, say sources.
The F-35B version of the Joint Strike Fighter (JSF) was the UK's original choice for its new Royal Navy carriers, but in late 2010 the UK chose the non-STOVL F-35C Carrier Variant for this job instead. The primary reason cited for this was to increase interoperability with US and French carrier forces, along with lower long-term costs, greater range and payload.
However, the costs of adding catapults and arrester gear to the UK's new aircraft carrier HMS Prince of Wales to accept the F-35C have now forced the MoD to reconsider, say ministry sources. Some estimates put the carrier conversion cost at more than GBP1.5bn (USD2.4bn). It is also believed that the F-35B could be rushed into UK service quicker than the F-35C.
Officially, the MoD says it is sticking to its stated plan to buy the F-35C.
Tags: F-35B, F-35C, JSF, Joint Strike Fighter, UK, Royal Navy, Joint Combat Aircraft, JAC, carrier, MoD
Do you have any news or views? Email email@example.com.


text:
Obama to talk ACA with tech giants
The president will meet with executives to discuss the health care website's progress.
Patent warfare: Trolls vs. inventors
Sides are divided and rhetoric ramps up as patent litigation reform advances in Congress.
Tech unites on NSA eavesdropping
The three industry giants stress that governments should limit surveillance.
The strange politics of Google autocomplete
A search for answers or collective insanity?
17 Strange Google Searches About American Politicians
"John Kerry plastic surgery" and other gems from our collective consciousness.
Billionaires and transportation toys
From drones to driverless cars, here's a look at how each of the billionaires' ideas may fare.
Billionaires and their toys
From delivery drones to driverless cars, here are some of the most ambitious dreams to shake up transportation.
U.S. to EU: Don't blame pact for NSA
The Safe Harbor data-transfer agreement has become a friction point amid recent revelations.
Google's Schmidt hammers the NSA
The company's executive chairman questions the legality of the spy agency's conduct.
Woman questions ticket for wearing Google Glass
An early adopter of Google's Internet-connected eyeglasses may soon become a guinea pig of a different sort.
NSA creeps onto tech's agenda
Silicon Valley devotes more of its bandwidth to an emerging surveillance debate.
Google launches media tools page
Google unveils a landing page of Google tools for journalists.
Tech titans' response on data mining
The industry giants remain mute as to how much information the NSA can or should collect.
Tech rivals join on NSA, immigration
Companies put competition on the back burner to work together in Washington.
Google urged to do more on piracy
Internet service providers are at the table to reduce infringement, but search engines aren't.
Report: NSA spied on Google
Documents leaked by Edward Snowden show agency's spying targeted three companies.
Google argues for right to continue scanning Gmail
Attorneys suing Google say the firm violates privacy and takes personal property by electronically scanning the contents of people's Gmail accounts and then targeting ads to them.
NSA tech disclosure battle heats up
Google and Microsoft request extra time to convince a court they should be able to disclose more.
DNI to release surveillance data
But the annual disclosures might fall short of what Google and Microsoft were seeking.
Google Glass to see policy questions
Concern over the device's implications for driving, privacy and piracy has already emerged.


text:
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text:
Michael Vick spent about as much time on the Superdome turf as he did standing upright.
A season in tatters just got worse for the Philadelphia Eagles.
Vick took an awful beating, equaling a career high with seven sacks, and the Eagles lost their fourth straight game, falling to the Drew Brees and the New Orleans Saints 28-13 on Monday night.
Things got so bad that Vick's brother, Marcus, went on a Twitter rant suggesting Philadelphia should trade Michael if it's not going to protect him better.
"Please trade my brother. We requesting out of Philly!!!! Please please please……" he tweeted.
But after the game, Michael Vick made it clear he did not share the same views as his brother.
"He tweeted that during the game? I'm sorry. I'm unaware of that," he told reporters.
"That's something I'm going to have to address after I leave here. We're out there fighting as hard as we can. We're giving it everything we've got. I love each and every guy in that locker room. If I can make every play right, I would, and I know they would do the same."
The Eagles (3-5) are far from perfect, but this might be their most frustrating loss yet.
They rushed for 156 yards in the first half — and were down 21-3. Four times, they had first-and-goal, and all they got were two field goals. In fact, they were outscored in those situations, since Saints cornerback Patrick Robinson picked off a tipped pass and returned it 99 yards for a touchdown.
Rubbing salt in the wound, Philadelphia squandered a chance to get back in the game with a brilliant trick play on a kickoff return. Riley Cooper laid flat in the end zone, unseen by the Saints, then popped up to take a cross-field lateral from Brandon Boykin.
Cooper streaked down the sideline for an apparent touchdown. Only one problem — Boykin's lateral was actually a forward pass by about a yard, ruining the play with a penalty. Cooper stood with his hands on his hips, in disbelief, as the officials brought it back.
Philadelphia finished with 447 yards — the eighth straight team to put up more than 400 yards on the Saints. That was already the longest streak of 400-yard games given up by a defence since at least 1950, and maybe in the history of the NFL, putting New Orleans on pace to shatter the record for most yards allowed in a season.
"It's very frustrating," Vick said. "These are games that we have the opportunity to win, or get back in the game. At this point, everything has to be dead on. You can't miss, and you almost have to be perfect on every drive."
Eagles coach Andy Reid moved quickly to snuff out any talk about replacing Vick, which has become a weekly ritual.
"Michael Vick will be the quarterback," the Eagles coach said.
With files from National Post Staff