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March 8, 2012
CLEAR WIRELESS LLC, PLAINTIFF,v.BUILDING DEPARTMENT OF THE VILLAGE OF LYNBROOK, BOARD OF TRUSTEES OF THE VILLAGE OF LYNBROOK AND VILLAGE OF LYNBROOK, DEFENDANTS.
In this case, the plaintiff Clear Wireless LLC ("Clearwire") alleges that the Building Department of the Village of Lynbrook ("Building Department"), the Board of Trustees of the Village of Lynbrook ("the Board"), and the Village of Lynbrook ("the Village" and collectively "the Village Defendants") denied its request for a special use permit to construct a wireless telecommunication facility, in violation of the Telecommunications Act of 1996 (the "TCA"), 47 U.S.C. § 332(c)(7) and Articles 30 and 78 of the New York Civil Procedure Law and Rules.
Presently before the Court are Clearwire's motion for summary judgment and the Village Defendants' cross-motion for summary judgment. For the reasons set forth below, the Court denies Clearwire's motion for summary judgment and grants the Village Defendants' cross-motion for summary judgment.
Clearwire is an affiliate entity of Sprint Nextel ("Sprint"), and provides the wireless broadband component of Sprint's telecommunications network in Nassau County, New York. Clearwire's wireless broadband service, also known as "wireless broadband Internet access service" is referred to as "fourth generation" or "4G", because it is the fourth version of the technology used to transmit data over Sprint's telecommunications network. As explained by Clearwire, "4G merges voice, video and other information into a single wireless platform available to Sprint's end users via their mobile devices such as telephone and 'smartphones'". (Pl.'s 56.1 Stmt., ¶ 3.)
On February 4, 2010, Clearwire began the application process in the Village of Lynbrook to obtain a special use permit to construct and operate a telecommunications facility consisting of antennas and related equipment ("the Proposed Facility") on the rooftop of an existing commercial building at 444 Merrick Road in Lynbrook, New York. The Proposed Facility is what is referred to in the telecommunications industry as an aggregator point of presence or "AggPoP" site, because it "serve[s] as [a] data aggregation[] point[] that combine[s] data from surrounding cellular sites and forward[s] the data to switching centers through an optical fiber network". (Pl.'s 56.1 Stmt., ¶ 29.) In particular, the Proposed Facility was designed to be the AggPoP site for Sprint's Long Island South cluster, which would connect 135 cites covering Western, Southern, and Central Nassau County, as well as parts of Queens and Suffolk County.
On June 7, 2010 and July 19, 2010, the Board held public hearings on Clearwire's application. At the hearings, Clearwire presented the live testimony of five expert witnesses and answered questions from the Board and the public. The majority of the questions centered on health and safety concerns; the need for 4G service generally; and the need to locate the Proposed Facility at the building on 444 Merrick Road.
On October 4, 2010, the Board denied Clearwire's application for a special use permit. (See Resolution & Decision, Ex. L.) Among the reasons for denying the application was the Board's belief that, because 4G service is an "advanced Internet product", the application was not entitled to the higher level of review afforded to telecommunications services under the Telecommunications Act of 1996. The Board based this conclusion on the D.C. Circuit's decision in Comcast Corporation v. Federal Communications Commission, 600 F.3d 642 (D.C. Cir. 2010). Thus, the Board only analyzed Clearwire's application under the criteria set forth in the Village Code.
Based on the criteria set forth in the Village Code, the Board denied Clearwire's application because: (1) the Proposed Facility would increase the height of an already non-conforming building, which would violate the Village Code and work against the Village's goal to "bring forward Downtown beautification programs and a restoration of a sense of suburban hometown atmosphere"; (2) "a hand-held Internet station is not a 'need' as contemplated in either statute or Court decisions reviewing municipal action in regulating the erection of wireless towers and antennae"; and (3) Clearwire had failed to show the building at 444 Merrick Road was "the only suitable location for its installation". (Ex. L.)
On November 2, 2010, Clearwire filed the instant complaint against the Village Defendants alleging that the denial of its application was not supported by substantial evidence and was arbitrary and capricious in violation of federal and state law. Clearwire's first cause of action sought declaratory and injunctive relief under federal law pursuant to: (1) the Telecommunications Act of 1996; (2) Rules 56 and 57 of The Federal Rules of Civil Procedure; and (3) the Declaratory Judgment Act, 28 U.S.C. §§2201--2202 ("the federal cause of action"). In its second cause of action, Clearwire sought declaratory and injunctive relief under state law, specifically Articles 30 and 78 of the New York Civil Procedure Law and Rules ("the state cause of action").
Clearwire now moves for summary judgment on both causes of action. The Village Defendants cross-move for summary judgment with regard to the same claims.
A. Legal Standard for Summary Judgment
Pursuant to Federal Rule of Civil Procedure 56(c), a court may not grant a motion for summary judgment unless "the pleadings, depositions, answers to interrogatories, and admissions on file, together with affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law." Fed. R. Civ. P. 56(c);Globecon Group, LLC v. Hartford Fire Ins. Co., 434 F.3d 165, 170 (2d Cir. 2006).In determining whether an issue is genuine, "[t]he inferences to be drawn from the underlying affidavits, exhibits, interrogatory answers, and depositions must be viewed in the light most favorable to the party opposing the motion." Cronin v. Aetna Life Ins. Co., 46 F.3d 196, 202 (2d Cir. 1995) (citing United States v. Diebold, Inc., 369 U.S. 654, 655, 82 S. Ct. 993, 8 L. Ed. 2d 176 (1962) (per curiam), and Ramseur v. Chase Manhattan Bank, 865 F.2d 460, 465 (2d Cir. 1989)).
If the moving party meets its initial burden of demonstrating the absence of a disputed issue of material fact, the burden shifts to the nonmoving party to present "specific facts showing a genuine issue for trial." Fed. R. Civ. P. 56(e). The nonmoving party may not then rely solely on "conclusory allegations or unsubstantiated speculation" in order to defeat a motion for summary judgment. Scotto v. Almenas, 143 F.3d 105, 114 (2d Cir. 1998). If the evidence favoring the nonmoving party is "merely colorable . . . or is not significantly probative, summary judgment may be granted." Anderson v. Liberty Lobby, Inc., 477, U.S. 242, 249--50, 106 S. Ct. 2505, 91 L. Ed. 2d 202 (1986) (internal citations omitted).
B. As to the Federal Cause of Action
The parties seek summary judgment on Clearwire's first cause of action, seeking declaratory and injunctive relief based on the Village Defendants' purported violation of the TCA.
The Telecommunications Act of 1996 is "an omnibus overhaul of the federal regulation of communications companies," the purpose of which is to "provide for a pro-competitive, de-regulatory national policy framework designed to accelerate rapidly private sector deployment of advanced telecommunications and information technologies and services ... by opening all telecommunications markets to competition . . . ." Sprint Spectrum, L.P. v. Willoth, 176 F.3d 630, 637 (2d Cir. 1999) (quoting H.R. Conf. Rep. No. 104--458, at 113 (1996), reprinted in 1996 U.S.C.C.A.N. 124, 124). "One of the means by which [Congress] sought to accomplish these goals was reduction of the impediments imposed by local governments upon the installation of facilities for wireless communications, such as antenna towers." City of Rancho Palos Verdes, Cal. v. Abrams, 544 U.S. 113, 115, 125 S. Ct. 1453, 161 L. Ed. 2d 316 (2005). Thus, Congress amended the TCA to include 47 U.S.C. § 332(c)(7) ("Section 332(c)(7)"), which "preserved the authority of state and local governments over zoning and land use issues, but imposed limitations on that authority." New York SMSA Ltd. P'ship v. Town of Clarkstown, 612 F.3d 97, 101 (2d Cir. 2010) (citing 47 U.S.C. § 332(c)(7)). "[Section] 332(c)(7) of the Act reflects the balance between the national interest of facilitating the growth of telecommunications and the interest of local governments in making decisions based on zoning considerations." T-Mobile Northeast LLC v. Fairfax County Bd. of Supervisors, --- F.3d ----, 2012 WL 664504, at *3 (4th Cir. March 1, 2012).
Pursuant to Section 332(c)(7), local governments retain authority over "decisions regarding the placement, construction, and modification of personal wireless service facilities", § 332(c)(7)(A), but may not "unreasonably discriminate among providers of functionally equivalent services," § 332(c)(7)(B)(i)(I), take actions that "prohibit or have the effect of prohibiting the provision of personal wireless services," § 332(c)(7)(B)(i)(II), or deny a request "on the basis of the environmental effects of radio frequency emissions," § 332(c)(7)(B)(iv). In addition, Section 332(c)(7)(B)(iii) requires that:
[a]ny decision by a State or local government or instrumentality thereof to deny a request to place, construct, or modify personal wireless service facilities shall be in writing and supported by substantial evidence contained in a written record Id. Finally, to ensure enforcement of the Act's mandates, the TCA authorizes "any person adversely affected by a final action or failure to act by a State or local government or any instrumentality thereof ... [to] commence an action in any court of competent jurisdiction." § 332(c)(7)(B)(v). Clearwire contends that the Village Defendants violated Section 332(c)(7)(B)(iii) because the Board's denial of its application was not supported by substantial evidence. However, the Village Defendants argue that their denial did not violate Section 332(c)(7) because the type of service offered by Clearwire is not subject to regulation by the FCC under the TCA, and therefore the FCC cannot limit their zoning authority.
Under the TCA, a service is subject to a different regulatory framework depending on whether it constitutes an "information service" or a "telecommunications service", the latter of which includes a "commercial mobile service". Although certain technologies were not in existence at the time these definitions were created, in National Cable & Telecommunications Association v. Brand X Internet Services, 545 U.S. 967, 125 S. Ct. 2688, 162 L. Ed. 2d 820 (2005), the United States Supreme Court upheld the FCC's authority to classify methods of broadband Internet access into these pre-existing definitions. In particular, in Brand X, the Supreme Court affirmed the FCC's classification of broadband cable Internet service as an "information service", and the FCC's conclusion that broadband cable Internet service was not a "telecommunications service". Id.
The Second Circuit explained the distinction between a "telecommunications service" and "information service" in Federal Trade Commission v. Verity International, Ltd., 443 F.3d 48 (2d Cir. 2006) as follows:
A "telecommunications service" (for example, the carriage of a basic voice telephone call) is the offering of "the transmission, between or among points specified by the user, of information of the user's choosing, without change in the form or content of the information as sent and received." 47 U.S.C. § 153(43), (46). An "information service," on the other hand, offers "a capability for generating, acquiring, storing, transforming, processing, retrieving, utilizing, or making available information via telecommunications." Id. § 153(20). Examples include services allowing online browsing or electronic publishing. Id.; see generally Universal Service Report, 13 F.C.C.R. 11501, 1998 WL 166178 (1998) (discussing in depth the meaning of these statutory terms). The FCC has affirmed that the two types of service are mutually exclusive. Universal Service Report, 13 F.C.C.R. at 11507--08, ¶ 13. The FCC has further explained that "mixed or hybrid services," in which the provider "offers a capability for generating, acquiring, ... or making available information via telecommunications, and as an inseparable part of that service transmits information supplied or requested by the user," are information services and not telecommunications services. Id. at 11529, ¶¶ 56-57.
Id. at 62. In 2007, the FCC issued a decision in In the Matter of Appropriate Regulatory Treatment for Broadband Access to the Internet Over Wireless Networks, 22 F.C.C.R. 5901 (March 22, 2007) ("the 2007 Declaratory Ruling"), concluding that wireless broadband Internet access service was an "information service" because it "offers a single, integrated service to end users, Internet access, that inextricably combines the transmission of data with computer processing, information provision, and computer interactivity, for the purpose of enabling end users to run a variety of applications" which, "taken together constitute an information service as defined by the Act". 22 F.C.C.R. at 5911, ¶ 26 (footnotes and internal quotation marks omitted).
In addition, the FCC explained that, although "the transmission component used for wireless broadband Internet access is 'telecommunications'", because the use of the telecommunications component is "part and parcel of the Internet access service's information service capabilities", it was not a "telecommunications service". 22 F.C.C.R. at 5913, ¶ 31. Finally, the FCC concluded that wireless broadband Internet access service did not meet the definition of a "commercial mobile service" as defined in the TCA. 22 F.C.C.R. at 5916--18, 5921, ¶¶ 41, 45, 56. Clearwire does not dispute that its' 4G service is properly classified as an "information service" pursuant to the 2007 Declaratory Ruling, and that it is an "information service provider". As the Supreme Court noted in Brand X, "[i]nformation-service providers . . . are not subject to mandatory common-carrier regulation under Title II, though the Commission has jurisdiction to impose additional regulatory obligations under its Title I ancillary jurisdiction to regulate interstate and foreign communications." 545 U.S. at 976, 125 S. Ct. 2688.
In denying Clearwire's application, the Board determined that because Clearwire's 4G service was an "advanced Internet product" and not a "telecommunications service", it was not subject to the TCA. To support this argument, the Board relied on the D.C. Circuit's decision in Comcast Corporation v. Federal Communications Commission, 600 F.3d 642 (D.C. Cir. 2010), where the court held that the FCC did not have the authority to regulate a cable Internet service provider's network management practices under its Title I ancillary jurisdiction.
The Court agrees with Clearwire that the decision in Comcast is not directly applicable to the instant case. The court in Comcast did not rule that any regulation of broadband internet services could not be supported under the FCC's Title I ancillary jurisdiction. It ruled only that the FCC did not have authority to take the particular action at issue in that case, namely "barring Comcast from interfering with its customers' use of peer-to-peer networking applications." Id. at 113. Furthermore, unlike in Comcast, the provision of the TCA challenged in this case does not regulate information service providers, but rather a local zoning board's ability to prevent those providers from deploying their services. Nevertheless, because the Court finds that the plain language of the TCA does not limit a local government's authority over zoning issues involving applications for wireless broadband Internet access service facilities, the Court does not need to resolve the issue of the FCC's authority over information services or information service providers under the TCA.
Whether a local zoning board is limited by Section 332(c)(7)(B) in reviewing an application to construct a facility providing wireless broadband Internet access services is one of first impression in this circuit. In fact, a review of the caselaw reveals that only one other court has addressed this issue. See Arcadia Towers LLC v. Colerain Tp. Bd. of Zoning Appeals, No. 10-CV-585, 2011 WL 2490047, at *2 (S.D. Ohio June 21, 2011) (holding that the plaintiff did not have standing to challenge the defendant's denial of its zoning permit for a communications tower where the tower would only provide Clearwire's wireless broadband internet service, because "the TCA simply does not apply to broadband information service").
Although Clearwire cites extensively to statements, legislation, and rules by Congress, and the FCC lauding the importance of wireless broadband Internet access and the need to facilitate the proliferation of this service, these statements do not guide the Court's analysis. Section 332(c)(7) is a compromise, and as the Second Circuit noted in Sprint Spectrum v. Willoth, 176 F.3d 630 (2d Cir. 1999), they "do not read the TCA to allow the goals of increased competition and rapid deployment of technology to trump all other important considerations, including the preservation of the autonomy of states and municipalities". Id. at 603. Rather, consistent with the statutory analysis of "personal wireless services" set forth by the Second Circuit in Willoth, the Court must determine whether Section 332(c)(7) includes wireless broadband service as part of its definition of "personal wireless services" by looking to "[t]he plain statutory language of [section 332(c)(7)] . . . in conjunction with the appropriate definitions set forth in the TCA". Id. at 641.
Pursuant to Section 332(c)(7), the limitations imposed by Congress on municipal zoning authority relate solely to decisions regarding "personal wireless service facilities", which are defined as "facilities for the provision of personal wireless services". 47 U.S.C. § 332(c)(7)(C)(ii). Accordingly, to be subject to Section 332(c)(7), Clearwire's 4G service must fit into the definition of "personal wireless services". Section 332 defines "personal wireless services" as "commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services". § 332(c)(7)(C)(i). "Unlicensed wireless services" are in turn defined as "the offering of telecommunications services using duly authorized devices which do not require individual licenses . . . ." § 332(c)(7)(C)(iii).
As previously stated, in the 2007 Declaratory Ruling, the FCC classified wireless broadband Internet access services such as Clearwire's 4G service as an "information service", and concluded that it was neither a "telecommunications service" nor a "commercial mobile service". Thus, based on the FCC's own definition of wireless broadband Internet access service, because the Proposed Facility would be used solely to provide an "information service", it does not qualify as a "personal wireless service facility" subject to the limitations on local zoning authority in Section 332(c)(7)(B). See Arcadia Towers, 2011 WL 2490047, at *2 ("In 2007, the Federal Communications Commission issued a Declaratory Ruling in which it found that mobile wireless broadband Internet access is not a "commercial mobile service" under the TCA. Under such ruling, the TCA simply does not apply to broadband information service.").
Nevertheless, Clearwire contends that the FCC has indicated through numerous statements that wireless broadband Internet access services are subject to Section 332(c)(7). First, Clearwire points to the 2007 Declaratory Ruling, where the FCC stated that, although classifying wireless broadband Internet access service as an information service, the limitations in Section 332(c)(7)(B) remained applicable to siting applications if the service was part of the same infrastructure as a personal wireless service. Specifically, the FCC stated:
. . . we find that section 332 (c)(7)(B) would continue to apply to wireless broadband Internet access service that is classified as an "information service" where a wireless service provider uses the same infrastructure to provide its "personal wireless services" and wireless broadband Internet access service. We find that classifying wireless broadband Internet access services as "information services" will not exclude these services from the section 332(c)(7) framework when a wireless provider's infrastructure is used to provide such services commingled with "personal wireless service." Commingling services does not change the fact that the facilities are being used for the provisioning of personal wireless services. Therefore, application of section 332(c)(7) should remain unaffected. This interpretation is consistent with the public interest goals of this provision and ensures that wireless broadband Internet access service providers continue to use existing wireless infrastructure to rapidly deploy their services. This result is also consistent with the Commission's commitment to its national broadband policy goals to "promote the deployment of advanced telecommunications capability to all Americans in a reasonable and timely manner.
Id. at 5923--24, ¶ 65 (footnotes omitted). In the Court's view, rather than support Clearwire's position, this provision further affirms that the FCC differentiates between information services and the type of personal wireless services subject to Section 332(c)(7) because there would be no need for such a distinction if wireless broadband Internet access service could otherwise be read into the definition of "personal wireless services" in Section 332(c)(7). In addition, the fact that non-commingled siting applications for the provision of wireless broadband Internet access services are excluded from Section 332(c)(7) indicates that the exception for commingled services only limits the zoning board's authority when the proposed facility would also be used for the provision of personal wireless services. Although Clearwire is a Sprint affiliate, Clearwire does not contend that it would be offering the Sprint personal wireless services at the Proposed Facility as part of the same infrastructure.
The Court notes that during the hearing on its application, Clearwire implied that a failure to upgrade to 4G could negatively impact Sprint's personal wireless services, leading to a deficiency in voice services. (Ex. K at 126.) However, Clearwire offered no evidence to support this contention beyond an anecdote about an increase in dropped calls following the release of the iPhone. (Ex. K at 125--26.) Indeed, Clearwire explicitly stated that the "need" for its service was the benefit of 4G and not the "need for the service in a particular area where coverage may not be provided". (Ex. K at 92.) As explained by Clearwire's representative, the Proposed Facility would benefit the residents of Lynbrook, as well as the residents in the areas connected by the facility, by "enabling them to receive 4G service and to get all the benefits from 4G service. . . the streaming movies, streaming video, video conferencing, downloading files." (Ex. K at 101.) Thus, the fact that Clearwire would be providing the wireless broadband component of Sprint's telecommunications network through the Proposed Facility did not limit the Board's authority in reviewing the application.
Clearwire also relies on the FCC's statements in the Petition for Declaratory Ruling To Clarify Provisions of Section 332(c)(7)(B) To Ensure Timely Siting Review and To Preempt Under Section 253 State and Local Ordinances That Classify All Wireless Siting Proposals as Requiring a Variance, 24 F.C.C.R. 13994 (2009) (November 18, 2009) ("the 2009 Declaratory Ruling). In the 2009 Declaratory Ruling, the FCC interpreted two provisions of Section 332(c)(7). First, the FCC defined a "reasonable time" beyond which inaction on a siting application under section 332(c)(7)(B) constituted a "failure to act". 24 F.C.C.R. at 14022, ¶ 71. Second, the FCC concluded that "where a State or local government denies a personal wireless service facility siting application solely because that service is available from another provider, such a denial violates Section 332(c)(7)(B)(i)(II)". Id. Throughout the course of the 2009 Declaratory Ruling, the FCC couched its discussion of Section 332(c)(7) in terms of its benefit for "wireless services" and "mobile wireless networks" generally, which included mobile Internet services and voice services.
In fact, the FCC explicitly cites delays in Clearwire's efforts to deploy its "next generation broadband networks" when discussing how the "[d]elays in the processing of personal wireless service facility siting applications are particularly problematic as consumers await the deployment of advanced wireless communications services, including broadband services, in all geographic areas in a timely fashion". 24 F.C.C.R. at 14007, ¶ 35. The FCC concluded that delays in siting applications such as those for Clearwire's broadband network "impede[s] the promotion of advanced services and competition that Congress deemed critical in the Telecommunications Act in 1996 and more recently in the Recovery Act." Id.
Clearwire argues that the statements and examples in the 2009 Declaratory Ruling indicate that the FCC considers siting applications for wireless broadband Internet access services, such as those offered by Clearwire, to be "personal wireless service facilities" over which a local government has limited authority under Section 332(c)(7). That may be so. Nevertheless, there is no indication that the FCC's dicta in the 2009 Declaratory Ruling was intended to amend or replace the FCC's classification of wireless broadband Internet access service as an "information service" in the 2007 Declaratory Ruling. Thus, because the FCC has classified wireless broadband Internet access service outside of the statutory reach of Section 332(c)(7), Clearwire cannot rely on the 2009 Declaratory Ruling to supplant the plain language of the statute. See Arcadia Towers, 2011 WL 2490047, at *2 ("In their briefing and at the hearing, Plaintiffs argue that the TCA does apply to broadband communication based on a subsequent 2009 FCC Declaratory Ruling, which Plaintiffs contend signals a change in the FCC's view, such that broadband communication should be entitled to protection under the TCA. However, the Court has scrutinized such opinion, and agrees with Defendants that it does not overrule the 2007 ruling, nor does it hold that wireless broadband communication services are covered by the TCA. Although the 2009 Declaration speaks in favor of broadband in dicta, it in no way states that broadband communications are encompassed by the TCA.").
The Court agrees with the observation by the court in Arcadia Towers that "the law has not kept up with the changes in technology". 2011 WL 2490047, at *2. "Under such a circumstance it is not up to the FCC to construe the TCA to say something it does not say, nor up to the Court to find broadband communication encompassed by the law." Id. Accordingly, the Court denies Clearwire's motion for summary judgment and grants the Village Defendants' cross-motion for summary judgment and dismisses Clearwire's first cause of action for declaratory and injunctive relief based on violations of the TCA.
C. As to the State Cause of Action
The parties also move for summary judgment on Clearwire's state law claims for declaratory and injunctive relief pursuant to Articles 30 and 78 of the New York Civil Procedure Law and Rules ("CPLR"). Article 78 of the CPLR provides that a party is entitled to relief from a local zoning decision that is "arbitrary and capricious" or is not supported by substantial evidence. N.Y. CPLR §§ 7803(3) and (4) (McKinney 2008). Because an Article 78 claim is based on state law and there is no diversity between the parties, it could only be brought into this Court permissively through supplemental jurisdiction. 28 U.S.C. § 1367(a).
As an initial matter, "it is doubtful . . . that claims under Article 78 are even amenable to a federal district court's supplemental jurisdiction." Morningside Supermarket Corp. v. N.Y. State Dep't of Health, 432 F. Supp. 2d 334, 346 (S.D.N.Y. 2006). "The overwhelming majority of district courts confronted with the question of whether to exercise supplemental jurisdiction over Article 78 claims have found that they are without power to do so or have declined to do so." Coastal Commc'ns Serv., Inc. v. City of New York, 658 F. Supp. 2d 425, 459 (E.D.N.Y. 2009); see alsoMorningside,432 F. Supp. 2d at 346-48 (denying supplemental jurisdiction and declining to "deviat[e] from the well-reasoned and essentially unanimous position of New York district courts on. . . .[this] issue."); Blatch v. Hernandez, 360 F. Supp. 2d 595, 637 (S.D.N.Y. 2005) (dismissing an Article 78 claim for lack of subject matter jurisdiction, "as New York State has not empowered the federal courts to consider such claims.").
However, even if the Court could exercise supplemental jurisdiction over Clearwire's state law claims, 28 U.S.C. § 1367(c) permits a federal court to decline to exercise supplemental jurisdiction where the claim "raises a novel or complex issue of State law", § 1367(c)(1), or if the court "has dismissed all [federal] claims over which it has original jurisdiction", § 1367(c)(3). "Once [a court's] discretion is triggered under § 1367(c)(3), it balances the traditional values of judicial economy, convenience, fairness, and comity in deciding whether to exercise jurisdiction." Kolari v. N.Y.-Presbyterian Hosp., 455 F.3d 118, 122 (2d Cir. 2006) (internal citation and quotation marks omitted).
Here, not only has the Court dismissed the federal TCA claim, but the Court finds that this case raises "novel or complex" issues of State law. First, it is well-settled under New York law that cellular telephone companies are afforded the status of public utilities for the purposes of zoning applications, see Cellular Tel. Co. v. Rosenberg, 82 N.Y.2d 364, 604 N.Y.S.2d 895, 624 N.E.2d 990 (1993), and therefore their applications are reviewed under the "public necessity" standard established in Consolidated Edison Co. v. Hoffman, 43 N.Y.2d 598, 403 N.Y.S.2d 193, 374 N.E.2d 105 (1978). This standard provides that "[r]ather than granting a variance only on a showing of 'unnecessary hardship,' a local zoning board must consider whether the public utility has shown 'a need for its facilities' and whether the needs of the broader public would be served by granting the variance." Town of Oyster Bay, 166 F.3d 494 (quoting Consolidated Edison, 43 N.Y.2d at 608--10, 403 N.Y.S.2d 193, 374 N.E.2d 105).
However, whether a provider of wireless broadband Internet services is a "public utility" and therefore subject to the "public necessity" standard has not been addressed by New York courts. As Clearwire itself admitted, the question of whether there is a need for its 4G service "is a different question than is typically presented to boards hearing cellular or mobile telecommunications applications", because the need for 4G service "is basically operations in the larger sense of the word and not servicing particular callers in a particular geographical area". (Ex. K at 116--17; see also id. at 92 ("The need for the service in a particular area where coverage may not be provided is what is typically attendant to your ordinary cell applications . . . What we would be considering at that point was whether society needs 4G. And I believe that's not a question for local municipalities.").)
The Court is cognizant of the fact that by not addressing the state law claims, it will lead to a further delay in the resolution of Clearwire's application, which has been pending since October 4, 2010. However, because the Court believes that such an important issue should be first addressed by the New York state courts, the Court declines to exercise supplemental jurisdiction over Clearwire's state law claims and grants the Village Defendant's cross-motion for summary judgment and dismisses the second cause of action, without prejudice.
For the foregoing reasons, it is hereby
ORDERED, that Clearwire's motion for summary judgment on its federal and state causes of action is DENIED, and it is further
ORDERED, that the Village Defendants' cross-motion for summary judgment to dismiss the federal cause of action is GRANTED, and it is further
ORDERED, that the Village Defendants' cross-motion for summary judgment to dismiss the state cause of action is GRANTED and the state cause of action is dismissed without prejudice, and it is further
ORDERED, that the Clerk of the Court is directed to close this case. SO ORDERED.
ARTHUR D. SPATT United States District Judge
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Ready for some good food this weekend? Print this coupon and head to a Smokey Bones near you to save $5 off your $15 bill. This coupon expires on October 14, 2012.
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Fives Machining Systems, Inc.
142 Doty Street
Fond du Lac, WI 54935 US
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A Message from Fives Machining Systems, Inc.
As Seen In Modern Machine Shop
Fives Opens Global Services Center in Alabama
The new center, located in Birmingham, will be led by Director John D'Amato.
Fives Machining Systems Opens Service Center in Northwest U.S.
The Seattle, Washington, center will provide access to repair and technical services for customers in the U.S. Northwest.
Fives Machining Systems Procures 10 Patents
CEO Dan Janka says the company's recent patents are a result of a large percentage of sales being invested in research.
Fives Joins France's Jules Verne Research Institute
The partnership includes collaboration with businesses and institutions on special projects, including one focused on the additive manufacturing of titanium, aluminum and steel alloys.
Fives Participates in White House Upskill Summit
The company shared knowledge about its own apprenticeship program and discussed ways such programs can be broadened in the United States to benefit semi-skilled workers.
Composites Technology at F-35 Suppliers Conference
A recent conference highlighted composites milling equipment as well as a new seven-axis fiber-placement machine specifically designed for the tricky material used to create critical F-35 components.
Fives to Acquire MAG Americas
The acquisition will expand Fives' influence in North America.
Vertical Lathe with 5-Meter Table
Vertical turning centers from MAG are scaled up to meet the demands of North American manufacturing.
Innovating on Borrowed Ideas Sets Wind Turbine Record
A system said to break new ground in manufacturing large wind turbine components is based on tried-and-true automotive manufacturing concepts.
Custom Machining System Sets Wind Turbine Record
Mag Industrial Automation Systems' Megaflex custom manufacturing system recently demonstrated the ability to simultaneously machine all three blade faces of one of the industry's largest wind turbine hubs in record time.
MAG Becomes Partner in MIT Graduate Program
Machine tool builder MAG IAS (Erlanger, Kentucky) has been named a partner in MIT's Leaders for Global Operations (LGO) engineering and management program. The company joins Boeing, Caterpillar, United Technologies and 20 other partner organizations in MIT LGO, a dual-degree graduate program in engineering and management.
Cryogenic Machining Approved for F-35
The government has approved MAG's low-flow cryogenic titanium machining process for use in the production of the Lockheed Martin F-35 Lightning II stealth fighter.
MAG Plans Cryogenic Machining Demo for imX
At the inaugural imX (interactive manufacturing experience) show, MAG will demonstrate a new through-spindle, through-tool cooling system that employs liquid nitrogen.
Trade Names
Fives Metal Cutting and Composites Group
The Metal Cutting and Composites ever expanding product offerings range from single metal cutting and composite machines to complex automated systems. With a strong foundation based upon renowned legacy names such as Cincinnati, Giddings & Lewis, Forest-Liné, and Liné Machines, Fives is recognized as the preeminent provider of productive manufacturing solutions which are at the heart of its customers' performance. The company's comprehensive lines of equipment and technologies include turning, milling, composites processing and software, additive manufacturing, laser welding and cutting with the associated support services (maintenance, spare parts, retrofits and rebuilding)
Fives Metal Cutting and Composites dedicated teams – approximately 1200 people in over 15 countries – serve key industrial markets including aerospace, automotive and truck, heavy equipment, oil and gas, rail, wind, energy and general machining.
See our company Showrooms:
Company Profile
Large-scale and high-precision are the attributes common to the offerings of all the companies within the Fives Machining Systems group. Among the innovative machines, systems and processes offered by the Fives metal cutting and composite group are:
Aerospace Profilers with industry leading titanium removal rates
Dual-head Horizontal Boring Mills with live spindles and integrated contouring heads
Interchangeable Cut/Clamp/Restart (CCR) modules heads for Composite machines
Massive Vertical Turning Centers with swings to 9 meters
Thin wall metal cutting processes and flexible part fixturing for large complex aerospace parts
Large Gantry and Portal mills with a wide range of interchangeable heads
Horizontal Machining Centers with tables to 2 meters and a choice of 7 different headstocks including live spindles


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The World's Greatest Music
Email the show or Text 61812
Love baking? Love classical music? Turns out you're not the only one. Indulge your musical sweet tooth with classical music inspired by cakes, biscuits, pastries and pies. Grab your rolling pins, don your aprons, and feast your ears on this delectable selection of musical treats.
Picture 4 of 15
Taken from the BAFTA Award-winning soundtrack to The Hours, Glass' music is actually adapted from Act II of his opera, Satyagraha. Like two of the other movements on the soundtrack, the title is a quote from the film itself.
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text: Home Gallery Video FXX FXX Man Seeking Woman Main Title Sequence FXX: FXX Man Seeking Woman Main Title Sequence Published on Jan 15, 2015 Rate this Ad You must be registered to rate the ad. Please Login or Register Now About Description DK Studios teamed up with FXX to create the main title sequence for the network's new original comedy "Man Seeking Woman." CreditsDateJan 14, 2015Client:FXXSoundtrack:Photay Industrymedia Latest Creativity News on Ad Age 1stAveMachine, Click 3X, Humble Add Director Duos Lowe's Latest Spot Is 'Multi-Porpoise' Romance, Bromance Ruined by a Cheeky Skywriter in Slim Jim's New Spot Advertisement Ad Age Events Nov 02 Los Angeles, CA SummitAd Age Brand Summit The Ad Age Brand Summit in Los Angeles peels apart the layers of brand building with a carefully crafted roster of top marketing, technology, and creative leaders. Learn more Related work FXX: The League - Hall of Fame KFC: Real Team Wieden & Kennedy KFC: Injury Wieden & Kennedy Want to see your work in our gallery? Submit now


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New Orleans
It is the blessing and the curse of playing UConn women's basketball: You can become the game's royalty here. But you are judged against royalty. The Gatsbys of the game established the parameters and made the memories long before you. And you bear the responsibility of the tradition.
All of which makes Breanna Stewart's first Final Four foray almost mystical. Twenty-nine points. Sent Notre Dame bye bye. It is either ironic or a colossal coincidence that the greatest one ever in the program, Diana Taurasi, went 1-for-15 against the same team in her first Final Four.
Stewie got 29.
It was a night in St. Louis12 years ago. Taurasi, whom we came to know as tougher than Clorox and more clutch than Mo Rivera, cried in the locker room. Said it was all her fault. (It surely wasn't). It was the most human we'd see her in four years here. Then she was the backbone of three straight national championships.
Stewie got 29.
Now this is not to suggest Stewart can eclipse Taurasi's accomplishments. Or come close. But this freshman shaped like 6 o'clock, the forward with the guard's skills, the dunker and the shooter, sure has the arsenal.
"She was fantastic. Just unbelievable," Notre Dame coach Muffet McGraw said of Stewart, following UConn's 83-65 victory, turning all the previous angst against the Irish into a duller ache, offering a night of temporary joy, at least until Tuesday's tip.
Surely, there are enough frauds out there delivering I-told-you-sos today about Stewart. You knew it all along. Right. That would make you unique. Or at least fodder for a rousing, "liar, liar pants on fire." Because UConn coach Geno Auriemma didn't know this would happen so fast. Hell, Stewart didn't either.
It was after UConn's 73-72 loss to the Irish in Storrs in early January that Auriemma spent time with a few writers well after the news conference ended. He wondered aloud how long it would take Stewart to adjust to the physical nature of the college game. Would she do so this season? Could UConn win if she didn't? How would she handle being a punching bag? He was even unsure of how Stewart fit into the offense.
Now she's option Nos. 1, 1A and 1B.
"She's gotten stronger mentally, stronger emotionally," Auriemma said Sunday. "Stewie really take things to heart and puts a lot of pressure on herself. When she wasn't playing well, it got to her pretty severely. After the end of the regular season, there was a renewed, 'I'm not going to settle for this anymore.'"
It was suggested here last week that UConn fans should stop pining for Elena Delle Donne because there's a kid here who has her skills. That was poohed poohed in a few precincts.
Question: How's Stewart doing so far?
"It's kind of rare for a 19 year old to be able to do this," Auriemma said. "I do think that getting back in the gym and being able to clear your mind and go back to what you love doing helped. Once she started playing well, it just snowballed."
Stewart, who aw-shucksed her way through interviews, did credit going back to the gym and working out with associate head coach Chris Dailey to begin the recovery process.
And now upstart Louisville, the kids who took down Brittney Griner, have the task of stopping Breanna Stewart, too. That's what the talk becomes today. There's really no time to enjoy slaying Notre Dame. Maybe in time, though, we'll remember 29 points on this stage against that team.
"We knew we had to beat Notre Dame. We couldn't count on them losing the game," Auriemma said. "For 40 minutes, we competed and played about as hard as we're capable of playing. I couldn't be happier for them or more proud of them. We've come a long way and it's really, really, really rewarding.
"The Notre Dame team we beat is a great, great, great team," he said. "You don't beat us seven of eight times without being a great team."
This is the opinion of Day sports columnist Mike DiMauro.
With Trainor sitting out, OneRepublic, Fradiani, Bay impress at Sun concert
Serial burglar suspect says he's been stealing his whole life
Malloy strikes deal with unions to stretch out spiking state pension costs
Billions continue to flow to Connecticut's submarine industry
City Council a 'mediator' in getting answers about L+M joining Yale-New Haven
Groton youth still underestimate danger of prescription drugs
Take a test drive at Naskart Indoor Kart Racing in Montville
VIDEO: Salem man's family to get $950,000 in fatal police shooting
Malloy strikes deal with unions to stretch out spiking state pension costs


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Have you found that special someone and want to give her the moon and stars? Diamond World, Inc. of Hoover, AL has the next best thing – a diamond engagement ring!
We specialize in engagement rings and will help you select the ring that fits your sweetheart's personality and your budget. Our gemologist has been practicing since 1977 and is a graduate gemologist from GIA. Our staff is educated in the jewelry business and is ready to help you with your jewelry selection.
Whether you're looking for an engagement ring, some new "bling," or need your jewelry or watch repaired, Diamond World, Inc. is the place to go for all your jewelry needs! We have an excellent product at a fair price. Shop and compare!
Learn More About Diamond World, Inc.:
Contact Diamond World, Inc. today at 205-823-3130, or browse our website for more information about our jewelry and appraisal services.


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Share house
Share house
4 Bedrooms
4 Beds
3 Bathrooms
3 Baths
|Room Type
|Private room
|Ensuite bathroom
|Length of Stay
|Weekly rent
|2 weeks rent
|Not included in rent
|Included in rent
|Off street parking
Hi There !!!
Lovely room available in a four bedroom house.
Modern light Kitchen and newly renovated large bathroom .
Lindfield is a beautiful leafy suburb on the Upper North Shore of Sydney.
We are conveniently located close to train station and the bus stop is about 10 minutes walk.
Unlimited internet access is also included and the room has it's own door that lets you go outside (particularly handy for a smoker).
Lots of parking is available :)
There is also a TV connected to Foxtel in the room so it is well set up with lots of storage space and cupboards to store your belongings a bed and bedside table.
Utilities is $30.
Gym at back of house to use if desired.
Happy, easy going and helpful household.
Please feel free to contact me any time.
Cheers Karen :)
|Grosvenor Rd At Ortona Rd
|Close by
|Grosvenor Rd Opp Ortona Rd
|Close by
|Grosvenor Rd After Ortona Rd
|~ 3 min walk
|Lindfield Public School, Grosvenor Rd
|~ 3 min walk
|Abingdon Rd Opp Westbourne Rd
|~ 3 min walk
|Grosvenor Rd At Lumeah Rd
|~ 4 min walk
|Abingdon Rd After Longford St
|~ 5 min walk
|Abingdon Rd After Westbourne Rd
|~ 5 min walk
|Abingdon Rd Near Westbourne Rd
|~ 6 min walk
|Lindfield Public School, Pacific Hwy
|~ 6 min walk
|28 Abingdon Rd
|~ 7 min walk
|Longford St Before Abingdon Rd
|~ 7 min walk
|Lindfield backyard cricket club LBCC
|~ 8 min walk
|Cafe Feoh
|~ 11 min walk
|Pizza Olla
|~ 11 min walk
|El Karim | Lebanese Restaurant |Roseville Sydney
|~ 11 min walk
|~ 12 min walk
|HUX Grill
|~ 12 min walk
|Metro Bar & Grill
|~ 12 min walk
|Bella Blue Cafe
|~ 12 min walk
|Sibi's South Indian Restaurant Lindfield
|~ 13 min walk
|Curry Lane Takeaway
|~ 13 min walk
|James' Cafe
|~ 13 min walk
|Peppercorn bistro
|~ 13 min walk
|Roseville Station
|~ 13 min walk
|Lindfield Station
|~ 15 min walk
|Russo B
|~ 14 min walk
|Coles Supermarkets
|~ 17 min walk
|Antico Fresh PTY Ltd.
|~ 18 min walk
|Fuller Road Food Shop
|~ 25 min walk
|Sun-Rise Mart
|~ 27 min walk
|Food Plus
|~ 29 min walk


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Katherine Lucy Bridget 'Kathy' Burke (born 13 June 1964 in Camden, London, England) is an English actress, comedienne, playwright and theatre director. She is best known for her portrayals of Perry in the Harry Enfield film Kevin and Perry Go Large, and of Linda La Hughes in the British sitcom Gimme Gimme Gimme (the latter of which she co-wrote and developed with Jonathan Harvey). She is also known for her regular appearances on French and Saunders, Absolutely Fabulous and Harry Enfield and Chums. She has been nominated for six BAFTA awards. She was born at the Royal Free Hospital in London, and brought up in the Irish area of Islington. Her mother Bridget (Bridie) died of cancer when she was two, and she was brought up by neighbours (the Galvin family) for the following few years. Subsequently, she returned to live with her father Patrick (Paddy), an alcoholic, who died of cancer in 1985. Burke attended the Maria Fidelis RC Convent School.
Contributions by 18.104.22.168, 18.104.22.168, and 126.96.36.199.


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Snip Chips
This organic veggie and coconut based superfood snack is chow down good thanks to a perfect blend of sweet and salty flavors and satisfying crunch. Snip Chips have everything you want and crave and need-right-now in a snack food that's real food. Organic parsnips and metabolism raising organic coconut team up with our special savory spice blends to give you a crunchy, savory, satisfying snack that's high in C, E, K, fiber, omega 3, & potassium. Whew! How did we get all that goodness in one package?! Certified Organic, Non GMO, Gluten Free, and Vegan.


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Zajímavá Fakta O Disney
The size of Disney World in Orlando - WTF fun facts
Here are some interesting things you probably did not know about the Disney theme parks.
Must remember to see this the next time I go to WDW.
Fun fact!
I only knew a few of these (Flynn's age, Gothel's dress, some of the symbols from other movies, Pinocchio's cameo) but I love the name Bastian, but that would be redundant since there's a Disney character name Sebastian already. Also, many people know this by now but Gothel's affection for Rapunzel's hair rather than Rapunzel herself shows how she never loved HER, but rather loved her powers. The descending lantern fact is my fav! ADORABLE!
Things You Don't Know About Disney World - The Meta Picture <<< Why in the world would the characters be discouraged to give adults high fives?
The news reporter in Zootopia is different in each region - WTF fun fact
Disney world pumps flavored scents down Main Street and changes during Christmas time. That is definitely disney trivia
Disney fun fact
Disney Fact: Disney sells only Coke products, in return, The "Coke" Company gives all of their products to Disney for free.


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We Won a Cruise with My Coke Rewards!
Last year, when my husband started collecting and saving Coke bottle caps and reward codes from 12-packs, I thought maybe it was something he'd do for awhile and then he'd eventually forget about it. People asked him what he was going to use 'em for, and he wasn't really quite sure. I didn't think he'd ever collect enough points to be able to redeem them for anything worthwhile. I was wrong.
He's redeemed points for things like discounts on hotel rooms, upgrades, and rental cars, which have definitely come in handy. He's gotten coupons and discounts for photo-printing websites and LiveNation concert tickets. He's gotten a couple magazine subscriptions.
Later that day, when I checked my e-mail on my laptop, I was able to read the full thing. That was when I learned that my husband hadn't won an iPad or a gift card.
He'd won... a cruise.
A cruise?
A cruise.
While I was reading the e-mail, it was like my brain malfunctioned and I forgot how to make sense of what I was reading. Royal Caribbean. 7 nights. Dreamworks Experience. Caribbean. Four people. WHAT?!?!?!?!
In disbelief, I texted my husband. "Did you just win a cruise?"
He texted me back. "I think so."
Sure, those things are nice. But a few weeks ago, I received a forwarded e-mail from my husband. I could tell it was from My Coke Rewards, but because I was reading the e-mail on my phone, it didn't load properly. All I could read was the subject: "We have good news about the sweepstakes you entered..."
Good news is good news. I thought, ooh, he won something! I didn't know what he'd won. I didn't even know what sweepstakes he'd entered. I was thinking maybe it was something like an iPad or a Visa gift card or something. Winning anything would be cool, right?!
The wording of the e-mail was a little vague. "Congratulations! You've won..." and "You may be eligible..." Did he win, or was he just eligible?!
We (and our two travel companions) had to fill out a bunch of paperwork, get it notarized, and send it back within five days for them to decide our eligibility. We hopped right on it. My husband overnighted the information packets to them.
And then we waited. And waited. And waited.
And after a couple weeks, we received cruise certificates from Royal Caribbean in the mail!
We had our pick of any 7-night Caribbean cruise, on either the Oasis class (but not the Allure of the Seas) or Freedom class of ships. Two balcony rooms.
We picked the Oasis of the seas. It's the largest cruise ship in the world! There's several pools, two surfing simulators, two rock-climbing walls, an ice skating rink, a golf simulator, a mini-golf course, a zip-line, and all kinds of shopping.
Several of the cabins have balconies, whether they are on the ocean side, or the inside of the ship, which is set up to represent seven different neighborhoods, such as Central Park and the Boardwalk. It looks like no matter where we are on the ship, we'll be super close to a good time! We can't wait! We hope to sail in July to Nassau, St. Thomas, and St. Maarten.
It's going to be a blast! I'll definitely be writing more hubs about our trip once we get back!
So, is collecting My Coke Rewards points worth it? I thought the coupons and discounts were nice... BUT WE WON A CRUISE!!!
More by this Author
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If you were to look at me, you'd probably never guess that I have a tattoo. You almost certainly wouldn't expect me to have 4! Most people are surprised to see one peeking out from underneath the strap of a sandal or...
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Comments 6 comments
WoW! I will have to try that! My husband alone goes through a ton of coke. I can't wait to win that cruise..
That's pretty cool! I bet your husband spent a lot of time collecting and drinking those Cokes!
Congratulations on your cruise!! I think I will start saving those coke rewards. I hope your group have a wonderful cruise and will look forward to your hub when you return.I voted up and useful.
Congrats! You will have to let us know how the trip is. I am always skeptical of reward programs like that, nice to know someone actually does win!
Wow…my husband is going to go bananas when I tell him this…he collects everything!


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|Publication number
|Publication type
|Application number
|Publication date
|Feb 19, 1980
|Filing date
|Jan 25, 1979
|Priority date
|Jan 25, 1979
|Publication number
|Frank V. Stagnitto, James McTiernan, Morris D. Kamo, Walter Antosik
|Original Assignee
|Hoffmann-La Roche Inc.
|Export Citation
|BiBTeX, EndNote, RefMan
|Patent Citations (6), Referenced by (38), Classifications (15)
|External Links: USPTO, USPTO Assignment, Espacenet
1. Field of the Invention
This invention relates to a bulk unit of use informational medicinal dispensing system. More particularly, the invention is concerned with a pharmaceutical dispensing system comprising an envelope having attached to one side multiple, preprinted flaps containing government-required or other information relating to a given medication, space on the opposite side for the encoding of prescription information, and a bulk blister sheet perforated in a manner to allow for easy detachment of individually-packaged doses of medication in quantities called for by the prescription.
2. Description of the Prior Art
Over the past several years, a great deal of concern has been expressed by physicians, regulatory agencies and government officials about the problems of drug abuse in the consumptions of prescription medications. In attempting to address the problems, increasingly stringent regulations have been proposed regarding the need for complete information about the medication, its contraindications, side effects and potential dangers. Ideally, such information should be presented in lay terms and dispensed along with the medications to the patient. The possibility of the passage of such regulations requiring, in some cases, that pages of information be dispensed along with the medication has prompted a great deal of consideration of systems which would provide for the dissemination of detailed drug information while solving the more traditional problems of handling, packaging, storing and keeping records of medications associated with the pharmaceutical industry. Specifically, it is recognized that the ideal system would attain the following objectives:
provide for drug information in lay terms to be dispensed with the prescription,
eliminate prescription vials, the space which they occupy and the cost associated with their procurement,
eliminate the need for cotton and concomitantly eliminate moisture retention and contamination in the prescription vial,
eliminate cross-contamination by avoiding the use of the same counting tray for a number of different types of medication,
prevent product mix-up by avoiding the need to return product to a bulk container after counting,
clear product identification and built-in child resistance for each dosage,
provision for recording in the patient profile ledger,
elimination of the need to handle several unit of use sizes,
preservation of shelf life of medication to the expiration date by eliminating the need for repackaging.
A number of pharmaceutical dispensing systems have appeared in the prior art which have sought to attain the aforedescribed objectives. For example, U.S. Pat. No. 3,958,690 to Gee, Sr. discloses a system for providing identification and medical information together with a dose of medication for emergency use by or for a patient. The system comprises a transparent envelope, a medical identification card and instructions for administration of the medication and a medication-containing package for insertion therein. The system described is primarily directed to convenience and ease of identifying the nature of the illness in an emergency and dispensing to the patient uniform doses of a given medication as limited by predetermined packet sizes geared to providing dosages in the unit of use most frequently described. Any variation of dosage which is not an exact multiple of the unit of use would occasion detachment of one or more individual doses from the predetermined unit of use size and adding said doses to the prescription. The leftover dosages remaining in the impaired unit size package would then be stored for counting and filling future prescriptions.
U.S. Pat. No. 3,305,077 to Grief et al. discloses a pharmaceutical dispensing system wherein a blister package containing individually-packaged doses of medication is provided for insertion into a transparent cellophane envelope. The focal concept of this disclosure is having the dispensing medium itself act as a dose indicating device to remind the user to take or confirm the administration of medicament at specified hours. The system also provides for administration data on an outer, protective sleeve of the package which is inserted into the transparent envelope. Additionally provided with the system is an attached writing instrument.
U.S. Pat. No. 3,958,750 to Prybeck discloses a package formed of three sheets of polyolefin plastic with an open envelope on one side for a hospital medicine card and a closure-equipped flap on the other side for a pouch holding medication. The system additionally provides for a flap to hold a hyperdermic syringe.
U.S. Pat. No. 2,877,893 to Volckening et al. discloses a package for the containment of small articles comprising a plurality of layers of sheet material sealed together with the commodity between them, said package being associated with a label, direction sheet, leaflet or the like bearing indicia or printed matter pertaining to the contents of the package.
In each of the prior art disclosures, it is clear that certain of the aforedescribed objectives have been attained. However, serious drawbacks to each of the prior art systems exist primarily with respect to lack of flexibility in predetermined unit dosage sizes and in lack of provision for complete information relating to the medication to be dispensed along with the medication. Now, in accordance with the present invention, a bulk unit of use informational dispensing system is disclosed which accomplishes the aforedescribed objectives and eliminates the problems associated with the prior art. The terminology "bulk unit of use" is a contradiction in terms in that "unit of use" refers to the packaging of medication in a manner which allows predetermined, prepackaged dosages to be dispensed, and the terminology "bulk" refers to large quantities of a given medication packaged in a manner which allows flexibility in filling dosages of any size. By the practice of the present invention, the flexibility associated with bulk packaging, the avoidance of contamination, easy storage, long shelf life and simplified accounting associated with unit of use packaging are combined with label and preprinted information to provide a system which optimally accomplishes the aforedescribed objectives.
A pharmaceutical dispensing system which comprises a kit containing:
a. an envelope open at one side and closed at its other three sides, said envelope having:
1. one or more flaps attached to one of its ends for the encoding of preprinted information;
2. space on the opposite side for the encoding of label information;
3. a removable, perforated strip at its open end, said strip having, on one side, space for encoding patient profile information and, on the other side, an adhesive;
4. a foldable strip from which said removable, perforated strip is torn; said strip having, on one side, an adhesive;
b. up to 20 divisible, multi-compartment, separately-releasing dispensing blister packages, said blister packages having:
1. a base perforated in such a manner as to produce 50-100 individually-detachable squares;
2. a paper foil laminate backing and;
3. a plastic bubble on each square for the containment of each individual dosage of medication.
FIG. 1 is a representation of a portion of the blister package showing individual dosages and perforated lines for easy detachment of the number of dosages called for by the prescription. Further, each unit of 10 individual dosages has indentations facilitating easy accountability.
FIG. 2 is a representation of an individual dosage of medication and a preferred methodology for removing each dosage from the individual package.
FIG. 3 is a representation of the space on the back of the transparent envelope for the encoding of label information pertaining to a particular description.
FIG. 4 is a representation of a preferred embodiment of the envelope wherein it is transparent on one side. Additionally representated are preprinted sheets, a perforated, removable strip for patient profile records and a foldable strip on which is contained an adhesive covered by a protective strip.
FIG. 5 is a representation of the transparent envelope with the aforementioned, protective strip removed to expose an adhesive for sealing the transparent envelope after the blister package in the correct dosage has been placed therein.
The envelope may be made of any conventional paper material. In a preferredembodiment wherein the envelope is transparent on one side, the sealable, transparent envelope may be made of any conventional, transparent material such as polyethylene, polypropylene or other polyolefins. The adhesive at the bottom for sealing said transparent envelope may be any conventional adhesive. The blister package may be made of any moldable material backed with a paper, foil or any laminate combination and then sealed together by means of a heat-sealable coating. The blister bubble may be made of thermoformable material, or a combination of thermoformable material, bonded together by any combination of mechanical, chemical or adhesive means. Flexible materials may also be used to effect the blister total unit.
The multiple flaps for printing may be of any conventional paper material. In a preferred embodiment, the flaps will be of different lengths, the shortest flap being in the front so that it can easily be seen whether the following flaps have been preprinted with information about the medication. The number of flaps will vary with the medication being dispensed in as much as some medications require that greater amounts of information be disclosed.
The number of individual doses contained in a dispensing kit will be determined by the quantity of individual dosages which is usually dispensed for a given medication. For example, some medications may require that only one dose be administered on a daily basis. Thus, the number of dosages necessary to fill the usual prescription will be small in comparison with medication wherein the dosages are administered three or four times daily. For small dosage medications, the dispensing kit may contain from 50-1,000 individual dosages. For larger dosage medications, dispensing kits having anywhere from 500-1,000 individual dosages would be more practical.
In designing dispensing kits as a function of number of dosages in the usual prescription, the aim is to avoid losses of medication, possible confusion and intermixing of medication, and record keeping associated with smaller unit of use blister packages. For example, it can be appreciated that one could more readily keep track of the dosages remaining in a dispensing package containing multiple blister sheets having 50-100 individual dosages after the administration of a 15-dosage prescription than would be the case if 15 dosages were administered from a blister package originally containing 20 dosages. Thus, the pharmacist would avoid having to keep track of 3, 5, etc. dosages and would avoid the possible intermixing of medications which have similar appearances.
One end of the transparent envelope contains a perforated, removable strip which contains space for patient profile information. The strip, once it is encoded with the proper information, is removed and attached by means of the adhesive to a patient profile ledger. The adhesive remaining on the transparent envelope is used to seal said envelope once the prescription is placed inside by folding over the strip on which the adhesive is contained.
The dispensing system is preferably packaged in a kit, said kit being comprised of a number of blister packages containing dosages in quantities appropriate to the prescription size normally dispensed and a number of transparent plastic envelopes having attached thereto preprinted flaps on one side and provision for label information on the other side. The contents of the kit may be shipped in any conventional shipping material, such as cardboard boxes, in sizes appropriate to the quantities of medication per dosage and the frequency of the prescription. The dispensing system of the present invention may be better understood by reference to the following description of the figures:
FIG. 1 is a representation of a portion of the blister package of the present invention. The number of individual dosages on an individual blister package will be determined by the quantities dispensed in the usual prescription. Quantities ranging from 50-100 dosages per blister package are preferred with quantities of 50 dosages per blister package being especially preferred.
Perforations, 2, are provided for easy detachment of the dosages. In the view shown are indentations, 5, for detachment of the dosages in multiples of 10. In a preferred embodiment, the blister package is designed to render it "childproof"; i.e., the individual dosages, 3, are housed in compartments which would make it difficult for young children to open them because of their lack of strength and manual dexterity. One method of "childproofing" is illustrated by number 4 of FIG. 1. Number 4 represents peel-back edges at the juncture of the perforations between each individual dosage. After a dosage is detached at the perforations of the compartment housing, said dosage must be folded back to allow the backing of the compartment to be separated sufficiently to be able to get a firm grip on the backing as shown in FIG. 2. The backing, 7, is detached from blister bubble, 6, to allow the removal of dosage, 8.
FIG. 3 is a representation of the back, 9, of the transparent envelope for containment of the blister package. Space, 10, is provided for label information such as patient name, frequency of administration, etc. Optionally, dispensing instructions, 11, or other useful information may also be displayed. Perforations, 12, are provided for the easy detachment of patient profile strip, 13.
FIG. 4 is a representation of the front of the transparent envelope. Attached thereto are flaps, 14, which may vary in number from 1 up to as many as are necessary to print all of the required information relating to a given medication. In some cases, 2, 3 or more flaps may be required.
The transparent envelope, 15, is closed at the top and sides and open at the bottom for insertion of the blister package. Perforations, 12, are designed for easy removal of patient profile strip, 13.
FIG. 5 is a representation of the bottom of blister package, 7. Folds, 15, are designed to allow for easy folding of foldover tab, 18, on which is contained adhesive, 17. Adhesive, 17, is exposed by the removal of adhesive protection strip, 16, as shown in FIG. 4.
|Cited Patent
|Filing date
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|Jan 17, 1952
|Sep 15, 1953
|Ivers Lee Co
|Package memo pad
|Apr 23, 1968
|Feb 10, 1970
|Bristol Myers Co
|Pill dispensing means
|Jan 8, 1968
|Mar 31, 1970
|Hoffmann La Roche
|Medicament packaging device
|May 28, 1968
|Jun 2, 1970
|Bartnik Richard W
|Unit dispenser with visual inventory control
|Jan 15, 1973
|Dec 24, 1974
|Kelly F
|Blister packaging assembly
|Feb 8, 1973
|Aug 12, 1975
|Standard Packaging Corp
|Pill package
|Citing Patent
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|Sep 21, 1981
|Oct 16, 1984
|Conway Gerald A
|Pad holder and display
|Jan 14, 1985
|Nov 11, 1986
|J N Associates
|Patient medical information and education container
|Sep 12, 1984
|Jul 14, 1987
|Soederholm Jan
|Package for risk samples
|Oct 6, 1987
|Mar 14, 1989
|Baggett Jobeth
|Medication compliance packaging system and procedure
|Jun 1, 1989
|Dec 11, 1990
|Kit for distributing pharmaceutical products
|Jun 22, 1990
|May 5, 1992
|Romick Jerome M
|Unit-dose medication handling and dispensing system
|Dec 10, 1992
|Nov 9, 1993
|St. Francis Research Institute
|System and apparatus for accurate drug inventory control
|Aug 6, 1993
|Jun 28, 1994
|St. Francis Research Institute
|System and apparatus for accurate drug inventory control
|Dec 10, 1993
|Oct 4, 1994
|Carter-Wallace, Inc.
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|Jan 3, 1995
|Carter-Wallace, Inc.
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|Jul 20, 1995
|Jul 1, 1997
|Automatic Business Products Company, Inc.
|Method of labelling prescription containers
|Feb 27, 1996
|Jul 7, 1998
|Vasquez; William M.
|Blister card package
|Jul 20, 1995
|Sep 1, 1998
|Global Healthcomm, Inc.
|Pharmaceutical marketing device and system
|May 12, 1995
|Sep 8, 1998
|Tung; James C.
|Pharmaceutical marketing device and system
|Nov 21, 1995
|Sep 8, 1998
|Tung; James C.
|Product marketing booklet
|Jul 26, 1996
|Jun 1, 1999
|Promex Medical Inc.
|Combination sample dispenser and order form device
|Mar 23, 1998
|Feb 15, 2000
|Kabushiki Kaisha Yuyama Seisakusho
|Ampule storage bag
|Jun 10, 1996
|Mar 7, 2000
|Frey; John W.
|IV pole bag fabricated from anti-microbial material
|Dec 31, 1998
|Mar 14, 2000
|Automatic Business Products Company, Inc.
|Pharmacy label and record system and method
|Apr 30, 2002
|Oct 4, 2005
|Nancy Kozlowski
|Medication record system and dispenser
|Sep 29, 2009
|Jun 28, 2011
|Tyco Healthcare Group Lp
|Foldable sterilizable medical package
|May 11, 2011
|Aug 14, 2012
|Tyco Healthcare Group Lp
|Foldable sterile medical package
|Jan 22, 2009
|Jul 2, 2013
|Xerox Corporation
|Secure pharmacy dispensing uni-form for digital printers
|Jun 21, 2010
|Sep 8, 2015
|Gregory A. Steube
|Medical device with incorporated disinfecting wipe and method of using same
|Apr 30, 2002
|Nov 21, 2002
|Nancy Kozlowski
|Medication record system and dispenser
|Jul 6, 2001
|Aug 21, 2003
|Mcdonald George Wallace
|Folded sheet product
|Feb 9, 2002
|Apr 1, 2004
|Park Young Sun
|Booklet blister package and its manufacturing method
|Aug 5, 2002
|Apr 1, 2004
|Greeven John C.
|Pharmaceutical dispenser system
|Aug 19, 2004
|Feb 24, 2005
|The Procter & Gamble Company
|Kit for treatment of upper gastrointestinal tract conditions
|Jul 14, 2004
|Sep 1, 2005
|Pfizer Inc
|Device for pharmacy prescription shelf use to store medications and information related to the medications
|Oct 3, 2005
|May 11, 2006
|Nancy Kozlowski
|Medication record system and method
|Sep 29, 2009
|Apr 1, 2010
|Tyco Healthcare Group Lp
|Foldable Package
|Jan 22, 2009
|Jul 22, 2010
|Xerox Corporation
|Secure pharmacy dispensing uni-form for digital printers
|Jun 21, 2010
|Dec 30, 2010
|Tyco Healthcare Group Lp
|Medical Device with Incorporated Disinfecting Wipe and Method of Using Same
|Jun 26, 1990
|Jan 2, 1992
|Best Industries, Inc.
|Flexible sealed radioactive film for radiotherapy, and method of making same
|Dec 2, 1993
|Jun 23, 1994
|St. Francis Research Institute
|System and apparatus for accurate drug inventory control
|Nov 13, 1997
|May 28, 1998
|The Procter & Gamble Company
|Compliance package and method of improving or aiding patient compliance for complex drug regimens
|Feb 9, 2002
|Aug 22, 2002
|Hoong-A Corporation
|Booklet blister package and its manufacturing method
|U.S. Classification
|206/570, 206/232, 383/106, 283/81, 206/531, 283/62, 383/77, 283/900, 206/534, 206/526, 383/86
|International Classification
|Cooperative Classification
|European Classification


text:
Recently remolded home move in ready that features spacious 3 bedroom + FLEX Office Space, 2 Full Baths, 2 Car Garage with separate laundry room! NEW INTERIOR UPGRADES include granite counter tops, deep basin sink, stainless steel appliances, cut pile carpet, interior & exterior paint, LED lights throughout, modern ceiling fans and projector ready for you movie lovers!! NEW EXTERIOR UPGRADES include a custom designed flagstaff stone Texas sized porch with adjustable sun shade, trees and MUCH MORE!
Pioneer Crossing West Sec 03 Amd
Attached, Door Opener, Door-Single, Entry-Front
Ceiling-High, Ceiling-Vaulted, Crown Molding, In-Law Plan, Shutters, Smoke Detector, Walk-In Closet, Wet Bar, Wired For Security
Bar Ice Maker, Built-In Oven(s), Cook Top Gas, Dishwasher, Disposal, Microwave Oven, Range-Free Standing, Refrigerator, Self Cleaning Oven, Single Oven, Water Heater Gas
Awning, Patio-Uncovered, Porch-Open, Private BackYard, Security Lighting
|Price Reduced (from $248,000)
|$9,000 (3.63%)
Property Listed by: All City Real Estate
The information being provided is for consumers' personal, non-commercial use and may not be used for any purpose other than to identify prospective properties consumers may be interested in purchasing.
Based on information from the Austin Board of REALTORS® (alternatively, from ACTRIS) from December 2nd, 2016 at 11:46am CST. Neither the Board nor ACTRIS guarantees or is in any way responsible for its accuracy. The Austin Board of REALTORS®, ACTRIS and their affiliates provide the MLS and all content therein "AS IS" and without any warranty, express or implied. Data maintained by the Board or ACTRIS may not reflect all real estate activity in the market.
All information provided is deemed reliable but is not guaranteed and should be independently verified.


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Chole (Curried Garbanzos)
Total Time
Prep 15 mins
Cook 20 mins
This is a very popular Punjabi dish (Punjab is a state in North India). For more information on some of the Indian spices used in this recipe, refer to http://www.foodsubs.com/SpiceInd.html . This recipe is posted by request, from "Vegetable Delights" by Malini Bisen.
Ingredients Nutrition
- 8 cups cooked chickpeas
- 1 tablespoon oil or 1 tablespoon ghee (Use ghee for a richer, but non-vegan version; ghee is clarified butter)
- 4 green chilies, chopped
- 1 inch ginger, peeled,finely chopped
- 1⁄2 teaspoon red chili powder
- 1⁄2 teaspoon turmeric powder
- 1 teaspoon coriander powder
- 1 1⁄2 cups boiled peeled diced potatoes
- 1 teaspoon salt, to taste
- 1 teaspoon dried mango powder or 1⁄4 cup tamarind pulp
- 1 cup water
- 1⁄2 bunch fresh coriander, chopped
- 1 cinnamon stick, ground
- 3 cloves, ground
- 6 black peppercorns, ground
- Mash one teaspoon of the cooked chickpeas.
- Heat oil or ghee in a heavy skillet over medium heat.
- When heated, add the chopped green chilies and ginger, stir.
- Remove the skillet from the flame and add the red chili powder, turmeric powder and coriander powder.
- Stir, and return the skillet to the flame.
- Add the diced potatoes and saute for about 8 minutes or until the potatoes turn golden brown.
- Now add the cooked chickpeas and salt.
- Saute for a minute, and then add the 1 teaspoon of mashed chickpeas, and mango powder or tamarind pulp.
- Add 1 cup water and bring to a vigourous boil.
- Garnish with chopped coriander and sprinkle with the ground spices.
- Serve hot with baturas (deep fried Indian bread), or rotis (common Indian flatbread), or nan (thick Indian bread).
Most Helpful
This was a very delicious dish that was easy to prepare that both my husband and I enjoyed! I used canned chickpea/garbanzos to make this a quick and easy meal! It smelled so good while it was cooking I was lucky to have food there when it was finished (I was nibbling along the way). We were delighted to try a chole without a tomato-based sauce as we hadn't had that before. It turned out very nicely with the mango powder. The spicing in this was nice, not too hot, I think, for some to be able to go ahead and try as it is. There will be some heat, but your eyes won't be filled with tears! For others, like me, they can ramp up the heat if they wish! :) I did add some more water towards the end to keep the consistency nice and moist but that's no problem. This is a great dish to serve with curried vegetables, and nice warm breads! If I had room I'd go eat some more! Great job, Anu! Thanks for the recipe!
i didn't think potato gels so well with the chickpeas. tomato would be better suited. i would also add some tamarind to lend it some zip.
I halved this recipe and made this yesterday for lunch to serve as a main dish with hot rotis. I had soaked the chickpeas overnight and I did not go for canned chickpeas. I used 2 1/2 cups of water to bring this to a boil(with reference to step 9 in the recipe) as 1/2 cup was very little - it was more of a dry chole dish with only 1/2 a cup of water. Most importantly, Punjabi food is "heavily" spiced up and "must" be very "khatta" to be authentic Punjabi food. Being the daughter of a Punjabi woman, I can swear that I have eaten alot of Punjabi food and it's always been very "tikha"(spicy) and "khatta"(Sorry, I'm not able to get the English word for khatta right now) - these are 2 prime requirements for a dish to be called a Punjabi dish other than it being bursting with flavour! This recipe uses a minimum of all the spices and it really wasn't khatta at all and hence the taste was not as I'd expected. I added 1/2 a tsp. more of amchur powder but it didn't work out. My mom told me that her sis makes excellent Punjabi chole and she uses a combo of both amchur powder and tamarind pulp - and she's married to a Punjabi man too and is a pickle expert:) I'm sorry I'm not able to give 5 stars to this dish, though, personally, I "did" like the idea of using only 1/2 a tbsp. of oil in it. It really has to be more spicier and more khatta to be tasty and Punjabi food, both. My mom suggests you add more tamarind pulp and mango(amchur) powder as well as some tomatoes(peeled and chopped) to this to make it really tasty and a meal to remember.


text:
Support Migdal Ohr by purchasing letters in the Torah Scroll that will be written in honor of Rabbi Grossman's 70th Birthday.
Posted on: September 1st, 2010Sections → Family → Parenting Our Children
When parents come to talk to me about a troubled teenager, I often find it helpful to explore whether or not their marriage is causing their teenager to be at risk.
Posted on: August 25th, 2010Sections → Family → Parenting Our Children
"I can't take it anymore!" "What happened? Is the baby teething again? You're exhausted." my husband asked, trying to read my thoughts, over the phone.
Posted on: August 25th, 2010Sections → Family → Parenting Our Children
Dear Rabbi Horowitz: We were taken aback when our 18-year-old son just called us from Eretz Yisrael (we live in Europe) and told us that he was coming home and wants to immediately go to work. He said that he is wasting his time in yeshiva, and just can't take it anymore. He said that he will "run away from home" if we don't allow him to go to work.
Posted on: August 18th, 2010Sections → Family → Parenting Our Children
For both parents and teenagers alike, adolescence can be a very hard time. Unfortunately, when family life gets rough, communication tends to break down. And when it does, parents need to restore their ability to relate to their teenagers by learning about the rules of communication.
Posted on: August 11th, 2010Sections → Family → Parenting Our Children
In a bustling fifth grade class Moshe is listening to a tape-recorded reading of President Abraham Lincoln's Gettysburg Address, while Shmuel is writing a poem about a fight between brothers. Next to Moshe and Shmuel, Yerucham is reading an account of a former African-American slave.
Posted on: August 4th, 2010Sections → Family → Parenting Our Children
Many parents admit they yell too much, but do not know how to avoid exploding when irritated. It takes effort and discipline to defeat any addiction, whether it's overeating or cigarette smoking and the screaming addiction is no different. Thankfully, when we really want to grow spiritually, we are given Heavenly guidance.
Posted on: July 21st, 2010Sections → Family → Parenting Our Children
Recently, I asked a family friend, a financial advisor, to share with me his perspective on the importance of rapport in the world of sales. In a general way, I knew that successful salespeople maintain good rapport with their clients. And so I was curious. Was the need for developing rapport in business any different than doing so in a parent-child relationship? To that end, I posed the following questions: "How do you establish rapport with a new client? And what do you believe is a key issue to creating rapport?
Posted on: July 21st, 2010Sections → Family → Parenting Our Children
Kaboom! That's what we experience when there is an explosion. And that's exactly what we feel like when we are dealing with an "explosive" child. For those of you who don't understand what I'm talking about, consider yourselves blessed. But those who know exactly what it means for a child to "explode" for no apparent reason understand what a tremendous challenge this is. It's like living inside a simmering volcano. As one frustrated mother put it, "We are in a perpetual state of crisis."
Posted on: July 19th, 2010Sections → Family → Parenting Our Children
If you have a learning disabled child I don't have to tell you about the myriad direct and indirect related challenges and associated frustrations. No doubt, you know them all too well.
Posted on: July 15th, 2010Sections → Family → Parenting Our Children
Francine has been coming to therapy for about a month. Her parents brought her due to problems and conflicts she was experiencing boat home, school and in the community. Like many teens, Francine did not see the value of therapy and felt the problems were only her parents' issues. Besides, if she needed to talk to anyone, she would speak with her friends.
Posted on: June 30th, 2010Sections → Family → Parenting Our Children
Every summer, all across America, parents put their children on buses bound for sleepaway camp. They wave good-bye, hoping their kids will have a wonderful time, make friends, learn new skills and come home happy and healthy. Hoping, sometimes, that the tears they see as the bus pulls away are just a fleeting show of regret at leaving home.
Posted on: June 23rd, 2010Sections → Family → Parenting Our Children
Let's look at an example of how mentoring improved the life of a teenager who had given up observing Jewish tradition.
Posted on: June 23rd, 2010Sections → Family → Parenting Our Children
A political figure refuses to comment on a current news story in which he is involved.. In the hope of avoiding a scuffle with her parents, a teenager, who has broken curfew, quietly opens up the front door. As she makes a mad dash to her room, she tries to avoid being noticed and questioned. In both situations, a lack of communication may be perceived as failure on the part of the individual to take responsibility for his/her actions, and/or an admission of guilt. In such cases when the person does not say yes, the message being conveyed to others can be perceived as noby default, and vice versa.
Posted on: June 16th, 2010Sections → Family → Parenting Our Children
Mr. and Mrs. S. came into the office with their ten-year-old daughter, Sharon. They were very distraught and had numerous complaints about Sharon's behaviors. Not only was she having problems academically and behaviorally in school, but they also complained that every time they asked Sharon to do something at home it became a major altercation.
Posted on: June 9th, 2010Sections → Family → Parenting Our Children
It is a testament to the authenticity and devotion of the staff at Our Place - a group of drop-in centers in Flatbush that cater to what most people would simply term "at-risk" teens - that none of them wanted to be mentioned by name in this article. In fact, the majority of them were even cautious about speaking with a reporter, so protective are they of their children, whom they consider very nearly their own.
Posted on: June 9th, 2010Sections → Family → Parenting Our Children
When the parent-teen relationship is strained or just needs improvement parents can utilize outside help to bring about a change. When necessary, one of the most effective ways of wielding indirect control is by having the teenager meet with a mentor. As a third person, uninvolved in family conflicts, a mentor is able to interact with a teenager and provide an informal means of solving problems at school, help the teen do homework or simply be a friend.
Posted on: May 17th, 2010Sections → Family → Parenting Our Children
The Meaning of The Communication Is The Response It Elicits
Posted on: May 12th, 2010Sections → Family → Parenting Our Children
Dear Rivka, Help! My 8 year old daughter is terribly disorganized! Any tips for helping me help her change ? I am motivated to teach her as it is making me crazy.
Posted on: May 12th, 2010Sections → Family → Parenting Our Children
I once received a call from a forty-seven year old distraught mother whose seventeen-year-old son Moti had changed his style of dress, wearing jeans and refusing to wear a hat. She explained that he had gone through a difficult time in school and was now hanging around the house instead of studying in yeshiva. He was also mixed up with the wrong crowd and was associating with at-risk teenagers late at night on the street. She was very concerned as she had an older son who had gone "off the path" and was worried that Moti was going in the same direction. She believed that Moti could be helped if he would be willing to talk with someone.
Posted on: May 5th, 2010Sections → Family → Parenting Our Children
With Pesach behind us, what better time to take a closer look at the annual burst of intensity that propelled us, in the weeks and days leading to the yom tov, into a frenzy of cleaning? That sustained embrace of scrupulous cleaning offers insight into a subject that has lately received a great deal of attention in psycho-educational literature. The topic, OCD, obsessive-compulsive disorder, might be understood by comparing it with that exhausting endeavor from which many of us are just starting to recover.
Printed from: http://www.jewishpress.com/sections/family/parenting-our-children/handwriting-whats-the-point/2014/12/05/
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text:
A wasted year ahead for France
Letâs not speak any more about Jacques Chirac. For a long time, the French head of state had the image of an incompetent but friendly leader in the eyes of his fellow citizens. A friend with whom you could easily watch a football match together over a few beers in hand.
Indeed, French television caricaturists often dressed Chirac in a tracksuit. All that is finished. Say the name Chirac in France now and you get the exasperated responses: "enough!", "the best thing he could do is to resign", or "why is he still hanging around?".
The reason is that Chirac, despite the disastrous opinion polls and his impotence, has decided not to pre-empt next year's elections, as Gerhard Schröder did last year in Germany.
The ballot will take place in May next year. For her part, France feels the year ahead is going to be wasted.
In terms of the economy, this intransigence could be seen as unimportant. At first glance, the crisis in France is political and social, but not economic. This year, France will post economic growth of 2%; no better or worse than the European Union average. The profits of French companies in the CAC 40 index are as high as their international peers. French firms are winning market share in China and the US just as much as their American, German or British rivals.
Look at Total, Lafarge or Air France and you won't see any signs of a French crisis. The French economic elite is doing very nicely.
However, behind the façade the results are less pretty. You can see some of the problems in the French trade deficit, which reached €22bn in 2005. Certainly the rise in the price of imported oil had its part to play here. But if imports are rising, French exports have flatlined. France is slowly but surely losing its place in the global market.
Economists argue about the gravity of this situation and the unsatisfactory presence of French industry in the international division of labour. French companies, they say, are not competitive enough in growth industry sectors. In addition, they are not visible enough in the booming markets of China, India and the US. These hypotheses do not answer the question though.
There remains an unexplained hole in the broader French deficit, which, until now, could not be apportioned to a loss of competitiveness in the country. Within the French Ministry of Finance its worrying presence is only recognised unofficially. What is its source? Some believe it's the effect of the 35-hour working week. The reduction in labour hours brought in by the left in 1997 may have worn away part of the national economic fabric. In its place it seems to have put a "preference for leisure time", which comes at a cost. The proof, according to some, is that the curve for the trade deficit started to inflect from 2000.
For other economists, the degradation of French competitiveness comes from a weakness in the profitability of its companies.
If you strip out the profits from the largest companies in the CAC40 then you observe that corporate profits are falling while they are rising in other countries (with the exception of Italy). Another clue is that corporate inward investment in France has fallen 23% since 1990. French companies prefer to build their new operations abroad in eastern Europe or Asia.
The economic policies of the government are concentrated mostly on demand in a bid to ensure that households carry on consuming. Nonetheless, the competitiveness of French companies needs to be re-established by supply-side economics. The government, however, has its mind on other issues. It won't do anything practical during this useless year of waiting for next May's elections. The economy will continue to falter, but quietly enough that no one will think to raise the alarm.
The Clearstream affair, which is splashed across the front pages of France's newspapers, is just one chapter of a long series of in-fighting within the camp of the governing UMP party. The hows and whys are in the hands of the judiciary. But the result is clear – Dominique de Villepin can no longer be the candidate for the UMP at the presidential elections next year. He has lost the battle. His proposed reform of the labour market raised so much protest that Chirac had to step in and abort it.
The Clearstream affair has also raised questions about the role he played in the manipulation of computer files which were used to accuse his rival Nicolas Sarkozy of having secret foreign bank accounts. In reality, de Villepin has lost his political credibility and acquired the image of a dubious character. So who is it to be for president? Sarkozy or Ségolène Royal? This is the duel for which the French people are preparing.
French politics is sliding from the left to the right. The country is getting back to normality a little after 10 years of Chirac, the right-wing candidate who governed like a left-wing president. While we don't know the substance of the two favourites, the style is new. Nonetheless, France will have to plod on for a year with Chirac. He will undoubtedly change his prime minister in the meantime to try and save some face at the end of his mandate. For the French people though, it's too late. The political page has turned.