Telus Claims AMC Used 'Walking Dead' Premiere in Cable Fee Fight

AMC/Associated Press

"The Walking Dead"

Telus Communications is not very happy that AMC might deprive hundreds of thousands of its Canadian subscribers of seeing the end of the fourth season of The Walking Dead.

The telecom filed a lawsuit late last week that alleges that AMC has not provided proper notice to cancel its existing contract. The complaint says the two companies have discussed terms for a new agreement, but that negotiations broke down after Telus refused to bow to "increasingly harsh terms" proposed by AMC.

PHOTOS: Gale Anne Hurd: Inside 'The Walking Dead' Producer's Nerdy Offices

The plaintiff proposes the theory that because Breaking Bad had concluded its run and Mad Men will soon finish as well, AMC has been rushing to gain higher fees from its distribution partners, and along the way, has become embroiled in fights with companies like AT&T and Dish. The lawsuit says, "Seeking to capitalize on what it realizes may be fleeting success, AMC has publicly expressed dissatisfaction with carriage rates AMC receives from its licenses with television distributors, claiming that those rates do not reflect the popularity of the programming."

Telus says it honored its contractual obligations with AMC and that a termination letter sent on Sept. 27 isn't justified. The plaintiff says it was "shocked" to see the termination and that it wasn't given 30 days to cure defaults. "These alleged defaults are a transparent attempt to terminate the Agreement and extract from Telus the high carriage rates AMC could not achieve at the negotiating table."

Now, the telecom company asserts that AMC has been using the highly successful The Walking Dead to tarnish its reputation by telling viewers they will essentially be left out in the cold.

PHOTOS: Power Showrunners: Inside the Minds Behind 'Walking Dead,' 'Bates Motel,' 'Arrow' and More

"When Telus did not immediately capitulate to AMC's strong-arm tactics, AMC went a step further, threatening to unilaterally communicate to Telus' subscribers that the service would soon be terminated," says the lawsuit. "If Telus does not agree to new contract terms by today, Friday, Oct. 11, 2013, AMC claims that beginning this Sunday, Oct. 13, 2013 during the season premiere of its most popular show, 'The Walking Dead,' AMC will broadcast a scrolling message, or 'crawl,' at the bottom of the television content feed seen by Telus' subscribers, announcing an imminent service cancellation. This is not an empty threat: AMC has deployed similar damaging public relations efforts in past disputes with other distributors."

Telus, represented by Michael Elkin at Winston & Strawn, seeks an injunction and damages for breach of contract and the implied covenant of good faith and fair dealing.

AMC declined comment on pending litigation. The basis for AMC's termination is unclear thanks to redactions in Telus' complaint.

E-mail: Eriq.Gardner@THR.com

Twitter: @eriqgardner

 

Source: http://feedproxy.google.com/~r/thr/business/~3/LEjbzaVj0Mw/story01.htm
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Colorado cantaloupe farmers to plead guilty to charges over listeria outbreak

By Laura Zuckerman

(Reuters) - Two Colorado farmers whose listeria-contaminated cantaloupes killed 33 people will plead guilty to federal criminal charges stemming from one of the deadliest outbreaks of food-borne illness in the United States, court documents show.

U.S. prosecutors last month charged two former owners of Colorado-based Jensen Farms, brothers Eric and Ryan Jensen, with six counts each of introducing adulterated food into interstate commerce tied to shipping tainted melons to out-of-state markets in 2011.

The brothers initially pleaded not guilty. But legal filings on Tuesday by attorneys for the Jensens show they have struck a deal with prosecutors and intend to plead guilty to unspecified charges at a hearing later this month in U.S. District Court in Denver.

Attorneys for the brothers on Wednesday confirmed they will plead guilty but declined to provide details of the plea agreement. Federal prosecutors were not available for comment.

"We're headed in the direction of a guilty plea," said Richard Banta, lawyer for Ryan Jensen, 33.

In May 2011, the Jensens began washing the farm's cantaloupes with devices used to clean potatoes and failed to use a chlorine spray feature that kills deadly bacteria, U.S. Attorney John Walsh said in a statement last month.

"The defendants were aware that their cantaloupes could be contaminated with harmful bacteria if not sufficiently washed," he said. "The chlorine spray, if used, would have reduced the risk of microbial contamination of the fruit."

In addition to the deaths, the listeria outbreak linked to the farm in the southeastern corner of Colorado led 147 people across 28 states to be hospitalized, authorities said. One woman suffered a miscarriage.

The Jensens filed for bankruptcy in 2012 and suspended farming operations amid a raft of lawsuits by people who were sickened or whose family members died from listeria infections connected to the tainted cantaloupes.

The elderly, pregnant women and people with compromised immune systems are at highest risk for listeria, whose symptoms include fever and gastrointestinal distress and which is the third leading cause of death in food-borne illnesses, according to the U.S. Centers for Disease Control and Prevention.

Attorneys for the Jensens said in a statement last month that the brothers remained "shocked, saddened and in prayerful remembrance of the victims and their families."

The Jensens faced up to a year in prison and a maximum fine of $250,000 for each of the six initial charges.

(Reporting by Laura Zuckerman in Salmon, Idaho; Editing by Cynthia Johnston and Lisa Shumaker)

Source: http://news.yahoo.com/colorado-cantaloupe-farmers-plead-guilty-charges-over-listeria-221335892.html
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UFC 166 predictions

There's no doubt about it: the UFC has assembled one hell of a fight card for this coming Saturday night. One of the most important UFC heavyweight title fights of all time will take place, top international prospects will make their UFC debuts, top contenders will compete in bouts of significance and much more.

Can Cain Velasquez repeat against Junior dos Santos? Will Gilbert Melendez blow past Diego Sanchez? Can Roy Nelson derail Daniel Cormier's plans? I answer these questions and more for Saturday night's fights.

What: UFC 166: Velasquez vs. dos Santos 3

Where: Toyota Center, Houston, Texas

When: Saturday, the four-fight Facebook card starts at 6 p.m. ET, the four-fight Fox Sports 1 card starts at 8 p.m. and the five-fight main card starts on pay-per-view at 10 p.m.

Cain Velasquez vs. Junior dos Santos

Part of me hopes the Brazilian can win here if only to secure a future where the top two heavyweights in MMA face each other again and again. Alas, I don't think that's going to happen. The difference between Cain vs. JDS 1 and 2 is that the second fight is more instructive. A five-round fight, almost without exception, tells you more about both fighters than a first-round KO. In fact, JDS' win over Velasquez doesn't tell us anything we didn't already know: he can knock out anyone in MMA. But if he can't rely on the big punch, what else can he do? I do expect him to make some adjustments to slow down Velasquez, namely, by being offensive in all phases of the game. Even if he doesn't plan to do much on the ground with the champion, it's better to execute a takedown than spending the round waiting to land a big punch as you defend takedown after punch after takedown.

In the end, it seems to me the second fight taught us how these two match up more than the first. Unless JDS can turn a tactical corner big enough to make up the major distance needed to make this competitive, expect a repeat performance.

Pick: Velasquez

Daniel Cormier vs. Roy Nelson

Everyone loves this fight and I'm one of them, but I don't see it as particularly competitive. Nelson has a bigger punch, but short of that in MMA contexts, I'm not convinced he can do anything better than Cormier. More importantly, Nelson is a guy who (yes, while sick) was outwrestled by Frank Mir. If Mir can do it, there's absolutely no reason to think Cormier can't. And as a result, unless Nelson lands a haymaker on the speedier Cormier, I don't see any path to victory.

Pick: Cormier

Gilbert Melendez vs. Diego Sanchez

Sanchez is going to press forward here like he always does, but skills win fight and Melendez is better in every dimension of the game at this point. I don't know if Melendez will be able to finish Sanchez, but if he does, that sends quite a message and could put him right back into title hunt sweepstakes.

Pick: Melendez

Gabriel Gonzaga vs. Shawn Jordan

The oddsmakers favor Jordan and I think that's defensible. Gonzaga might be able to make things interesting with a lucky shot or if he can take things to the floor, but Jordan is a load. The guy is a monster puncher, extremely strong, has ever-improving takedown defense and is an incredibly underrated athlete. I don't have a clear sense of how this fight will go, but I am mostly certain Jordan is the fresher of the two and that might be enough.

Pick: Jordan

John Dodson vs. Darrell Montague

Montague is a very good acquisition to the UFC's flyweight roster. He's amassed about as good a record as one can battling on the regional scene and like all flyweights, is well rounded and proactive everywhere. The difference here is a) Dodson's punching power and b) his growth experience against more elite flyweights. Dodson is a much better version of himself even after and especially due to losing to Demetrious Johnson. I certainly expect Montague to keep it competitive, but that's about it.

Pick: Dodson

From the preliminary card:

Tim Boetsch > C.B. Dollaway
Nate Marquardt < Hector Lombard
Sarah Kaufman > Jessica Eye
George Sotiropolos > K.J. Noons
T.J. Waldburger < Adlan Amagov
Tony Ferguson > Mike Rio
Jeremy Larsen < Andre Fili
Dustin Pague < Kyoji Horogucki

Source: http://www.mmafighting.com/2013/10/16/4844364/ufc-166-predictions-velasquez-dos-santos-3-mma-news
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10 Things to Know for Today

A woman looks at the aftermath of landslides in the rubble of smashed houses in Oshima after a powerful typhoon hit Izu Oshima island, about 120 kilometers (75 miles) south of Tokyo Wednesday morning, Oct. 16, 2013. Typhoon Wipha triggered landslides and caused multiple deaths on the Japanese island, before sweeping up the country's east coast, grounding hundreds of flights and paralyzing public transportation in Tokyo during Wednesday morning's rush hour. (AP Photo/Kyodo News) JAPAN OUT, CREDIT MANDATORY

A woman looks at the aftermath of landslides in the rubble of smashed houses in Oshima after a powerful typhoon hit Izu Oshima island, about 120 kilometers (75 miles) south of Tokyo Wednesday morning, Oct. 16, 2013. Typhoon Wipha triggered landslides and caused multiple deaths on the Japanese island, before sweeping up the country's east coast, grounding hundreds of flights and paralyzing public transportation in Tokyo during Wednesday morning's rush hour. (AP Photo/Kyodo News) JAPAN OUT, CREDIT MANDATORY

This photo released courtesy of the Catalina Island Marine Institute taken on Sunday Oct. 13, 2013 shows the crew of sailing school vessel Tole Mour and Catalina Island Marine Institute instructors holding an 18-foot-long oarfish that was found in the waters of Toyon Bay on Santa Catalina Island, Calif. A marine science instructor snorkeling off the Southern California coast spotted the silvery carcass of the 18-foot-long, serpent-like oarfish. (AP Photo/Catalina Island Marine Institute )

President Barack Obama awards the Medal of Honor to former Army Capt. William D. Swenson of Seattle, Wash., during a ceremony in the East Room at the White House in Washington, Tuesday, Oct. 15, 2013. Swenson was being awarded the Medal of Honor for his actions in a lengthy battle against the Taliban insurgents in the Ganjgal valley near the Pakistan border on Sept. 8, 2009, which claimed the lives of five Americans, 10 Afghan army troops and an interpreter. (AP Photo/Pablo Martinez Monsivais)

Your daily look at late-breaking news, upcoming events and the stories that will be talked about today:

1. SOME FURLOUGHED WORKERS CALLED BACK

The status of thousands of employees changed from nonessential to essential over the course of the partial government shutdown.

2. BAGGAGE HANDLER ARRESTED IN DRY ICE BLASTS

Bail is set at $1 million for an airport employee accused of taking the stuff from a plane at LAX and putting it in plastic bottles that later exploded.

3. DEADLY TYPHOON, MUDSLIDES HIT JAPAN

Dozens are missing after a storm hits an island south of Tokyo and sweeps up the coast.

4. OBAMA BESTOWS MEDAL OF HONOR ON AFGHAN VET

William D. Swenson, recognized for bravery in a battle against Taliban insurgents in 2009, wants to return to active duty.

5. ALLEGED TERRORIST CAPTURED IN LIBYA PLEADS NOT GUILTY IN NYC

The case renews debate about whether to try terror suspects in military or civilian courts.

6. SHERIFF: GIRL'S TORMENTOR ARRESTED AFTER FACEBOOK BOAST

A teen said to be primarily responsible for bullying a classmate who then committed suicide brags about it online. She and a 12-year-old now face charges.

7. WHO'S IN THE RUNNING FOR ROCK HALL OF FAME

Nirvana, Linda Ronstadt and Peter Gabriel are among first-time nominees.

8. WHY ALL TRACES OF CONN. SCHOOL ARE BEING ERADICATED

The goal during demolition of the site of the Sandy Hook shootings will be to prevent exploitation of any remnants of the building.

9. DODGERS FIND THEMSELVES ON THE EDGE

Game 5 of the NLCS will be Los Angeles' last this year unless the team can muster a win against the Cardinals.

10. WHERE A RARE SEA CREATURE WAS DISCOVERED

A woman snorkeling off the California coast finds the carcass of an 18-foot oarfish — a deep-water species that can grow up to 50 feet long.

Associated PressSource: http://hosted2.ap.org/APDEFAULT/3d281c11a96b4ad082fe88aa0db04305/Article_2013-10-16-10%20Things%20to%20%20Know-Today/id-d0dab185c57349b89b9e89bc24dc9547
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Markets cling to belief in US debt deal

LONDON (AP) — Financial markets continue to take the prospect of a U.S. default in stride, even though a deadline to raise the country's debt ceiling is just hours away.

Most stock markets edged lower Wednesday — but not precipitously —following the previous day's retreat on Wall Street, when investors were spooked by a series of dramatic twists. Republicans in the House of Representatives abandoned a vote to temporarily increase the debt ceiling and Fitch warned that it could strip the U.S. of its triple-A rating even if a deal is cobbled together in time.

Unless Congress acts by Thursday, the government will lose its ability to borrow and will be required to meet its obligations by relying on cash in hand and incoming tax receipts. That could mean the U.S. is unable to repay holders of Treasury bills that mature in coming days, or that it could miss interest payments on longer-dated Treasurys, and would be in default on its debt.

Investors have been remarkably sanguine in recent days as they seem to expect a deal will eventually be agreed between Republicans in Congress and the White House because no politician wants to be blamed for a default.

"The financial markets continue to buy into claims on Capitol Hill that a deal on the debt ceiling will be done before tomorrow's deadline," said Craig Erlam, market analyst at Alpari.

In Europe, the FTSE 100 index of leading British shares was down 0.5 percent at 6,518 while Germany's DAX fell 0.2 percent to 8,791. The CAC-40 in France was 0.8 percent lower at 4,222.

Wall Street futures are pointing to a solid opening, with both Dow futures and the broader S&P 500 futures 0.4 percent higher.

The Senate now appears to have taken the initiative once again in trying to forge a deal. The expectation in the markets is that the Senate will agree on the deal and then send it to the House, where Republicans will have to make a decision that could seriously impact both their political futures as well as the wider economy.

Analysts said trading through the day could be choppy and nervous, especially if a deal is not forthcoming. In Europe, that could mean some volatility towards the end of the session.

"Providing there are no further developments by then, an aggressive sell in late afternoon trading could well take place," said Alastair McCaig, market analyst at IG.

Earlier in Asia, Japan's Nikkei 225 rose 0.2 percent to close at 14,467.14 while Hong Kong's Hang Seng dropped 0.5 percent to 23,228.33. China's Shanghai Composite fell 1.8 percent to 2,193.07. Australia's S&P/ASX 200 added 0.1 percent to 5,262.91.

The mood outside stock markets was fairly cautious too. Among currencies, the euro was up 0.1 percent at $1.3531 while the dollar rose 0.1 percent to 98.37 yen. In the oil markets, a barrel of benchmark New York crude was up 20 cents at $101.41 a barrel.

Source: http://news.yahoo.com/markets-cling-belief-us-debt-deal-102057741--finance.html
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North Carolina is first state to cut welfare amid federal shutdown

By Marti Maguire

RALEIGH, North Carolina (Reuters) - North Carolina has become the first state to cut off welfare benefits to poor residents in the wake of the partial federal government shutdown, ordering a halt to processing November applications until a deal is reached to end the federal standstill.

More than 20,000 people - most of them children - receive monthly benefits aimed at helping them buy food and other basic supplies through North Carolina's welfare program, called Work First, which is fully funded by the federal government. Recipients must reapply each month.

The state's Department of Health and Human Services told its local offices in a letter dated October 10 not to process applications for November benefits until the federal government reaches a deal to restore normal operations.

"We are heavily dependent on federal dollars," said Julie Henry, spokeswoman for the state HHS department. "When these kinds of things happen at the federal level, it has an immediate impact."

Other North Carolina programs funded through the federal Temporary Assistance for Needy Families (TANF) grant also will be affected. That list includes childcare subsidies that cover more than 70,000 children and have already ceased being distributed in some parts of the state.

The federal agency that oversees TANF, the Office of the Administration for Children and Families, urged states to continue funding the program, saying in a letter that the states would be reimbursed unless Congress specifies otherwise.

Critics note that a state "rainy day fund" has $650 million for emergency use and say it's politics, not finances, that drives North Carolina's position on federal programs. The Work First program cost about $4.8 million for September in North Carolina.

"I would say this is an emergency," says Alexandra Sirota, director of the North Carolina Budget and Tax Center, which advocates for low-income citizens. "They're cutting off a lifeline for thousands of North Carolina families who have experienced significant hardships."

Last week, the same state department briefly planned to suspend WIC benefits, which supply baby formula and other staples to poor women with young children. That decision, also unique nationwide, was reversed a day later after the state budget director intervened to provide funds to keep it going.

Workers have been told to continue accepting the applications for November benefits but not to process them until the federal government shutdown ends.

The benefits are applied for and received on a rolling basis. There is no deadline for applying and no single day in which people receive the benefits. That said, anyone who applied for October before this week will receive their benefits.

The state of Arizona said earlier in October it would suspend TANF benefits, but reversed that decision. Governor Jan Brewer ordered that state funds be used to continue the program through October 31.

(Editing by Barbara Goldberg, David Bailey and Cynthia Osterman)

Source: http://news.yahoo.com/north-carolina-first-state-cut-welfare-amid-federal-003822915--business.html
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Albuquerque Trolley Will Take You Past Walter White's Home

The ABQ Trolley Company has been taking people on tours of sites in the TV show Breaking Bad. You roll past the home of main character Walter White, or see the car wash where he made extra money before starting to cook meth.

Copyright © 2013 NPR. For personal, noncommercial use only. See Terms of Use. For other uses, prior permission required.

STEVE INSKEEP, HOST:

Good morning. I'm Steve Inskeep.

California's Universal Studios has a tour where you see the sets of old movies and TV shows. So does Albuquerque, New Mexico. The ABQ Trolley Company has been taking people on tours of sites seen in the show "Breaking Bad." You roll past the home of main character Walter White, or see the carwash where he made extra money before starting to cook meth. The company is lengthening its tour season. Spoiler Alert: The series has ended.

It's MORNING EDITION.

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Source: http://www.npr.org/2013/10/15/234626209/albuquerque-trolley-will-take-you-past-walter-whites-home?ft=1&f=3
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