Braintree eyes cease-and-desist order vs. Uber

The city of Braintree is considering sending controversial ride-for-hire company Uber a cease-and-desist order for operating in the city without hackney or livery licenses, officials said.

The move would be a first by a municipality in Massachusetts in the ongoing battle over the tech giant, which has attracted fierce opposition by the traditional taxi industry.

"It's a very good day," said Stephen Regan, a spokesman for the Massachusetts Regional Taxi Advisory Group. "Hopefully it will be the catalyst for other cities and towns to enforce their ordinances as well."

Yesterday, the Board of License Commissioners voted to have the Town Solicitor draft a cease-and-desist letter to Uber and Lyft, commission chair and Town Clerk Jim Casey said.

"The License Commissioners voted to direct the Town Solicitor to draft language for a cease and desist order for ride-hailing services which do not register their vehicles with the Town via the Town's Livery Regulations," he said.

He said the commission is not trying to drive out Uber and Lyft, but require drivers for the companies to register as livery or taxi services.

"The proposed policy would not prevent ride-hailing services from operating within the town boundaries," he said.

The commission will likely to vote on whether to send the letter on April 28.

"Like every municipality, we are trying to decipher the rules of the game, and we're not against Uber, we're not against marketplace options," said Braintree Mayor Joseph Sullivan, who is not on the committee. "We're like every community, trying to handle, determine, what level of oversight is needed."

Uber contends that they are not subject to existing taxi and livery regulation because they are not a traditional transport company. Rather, they claim, they simply connect riders and drivers through their wildly popular app -- a service they say is not currently covered by any existing regulations.

This morning, Uber said it will have a statement in response to the Braintree vote shortly.

Uber and similar service Lyft have faced regulatory scrutiny throughout the state, including by the governor's office, the city of Boston and other cities.

Gov. Charlie Baker is moving forward with state regulations that would provide consistent regulations throughout the state. His administration has been meeting with mayors and municipal leaders to come up with a consensus.

Currently, state law gives cities and towns the power to regulate and oversee transportation in their municipalities.

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Correction: Financial Markets story

NEW YORK — In some versions of an April 14 story about financial markets, The Associated Press erroneously reported that IBM plans to release its first-quarter financial results on Friday, April 17. It plans to announce results on Monday, April 20.

A corrected version of the story is below:

US stocks mostly higher after rise in oil, mixed earnings

US stocks end mostly higher after rise in oil, mixed earnings reports; bond prices rise

NEW YORK (AP) — Rising oil prices helped push the stock market mostly higher on Tuesday, but the gains were tiny as investors weighed mixed results from companies reporting earnings.

Stocks fell shortly after the open, then headed mostly higher along with the price of oil. Chevron led the Dow Jones industrial average higher with a 2.2 percent gain.

A jump in JPMorgan Chase after the bank reported strong first-quarter earnings also helped push the blue-chip index higher. Wells Fargo slumped after reporting that its earnings had fallen.

The Dow Jones rose 59.66 points, or 0.3 percent, to 18,036.70. The Standard & Poor's 500 climbed 3.41 points, or 0.2 percent, to 2,095.84. The Nasdaq composite fell 10.96 points, or 0.2 percent, to 4,977.29.

Stocks have generally been rising this year, but the gains have been modest as several factors from labor strife at West Coast ports, bad weather, a slump in oil prices and a strengthening dollar have dug into earnings. A stronger currency makes profits earned overseas by U.S. multinationals worth less when translated back to dollars.

Companies in the S&P 500 are expected to report a 3.5 percent slump in earnings per share in the first quarter, according to S&P Capital IQ. That would be the first quarterly drop since the U.S. was climbing out of recession in 2009.

Many financial analysts and stock strategists are shrugging off the profit hit as temporary. But not everyone is convinced, said LPL Financial economist John Canally, and worry is beginning to creep in.

"What will be the further impact of the strong dollar? If you're an energy company, what do you do if oil prices don't rise? There are no answers yet," said Canally. "And that uncertainly is what markets don't like and so trading is choppy."

The impact of a stronger dollar was seen in Johnson & Johnson's results released Tuesday. The company said a stronger dollar was partly to blame for an 8.6 percent drop in its first-quarter profit. The company also cut its full-year profit forecast. Shares fell three cents to $100.52.

Investors will have more results to mull over in the coming days. Bank of America, Delta Air Lines and Netflix report on Wednesday, giant money manager BlackRock and Goldman Sachs on Thursday and General Electric on Friday and IBM on Monday.

In economic news, the Commerce Department reported that retail sales rose 0.9 percent last month, after declining 0.5 percent in February. The rebound suggests that shoppers are returning after an unseasonably cold winter froze sales.

But the rise was less than economists had expected, and it follows other indicators that the U.S. economic growth is slowing. A jobs report released earlier this month showed that hiring had slowed dramatically in the March.

"It's remarkable that we've had relatively weak economic data but the market has held up," said Mark Luschini, chief investment strategist at Janney Montgomery Scott. He added, "Investors are willing to look through that."

Among stocks making moves:

— JPMorgan Chase gained 97 cents, or 1.6 percent, to $63.04 after reporting earnings rose 11 percent in the first quarter. The nation's largest bank by assets was helped by strong results in its currency, commodities and fixed-income trading businesses.

— Norfolk Southern slumped 4.2 percent after forecasting disappointing first-quarter results after the close of trading on Monday. It said demand for coal shipments for export fell. Shares dropped $4.38 to $100.49. The railroad company reports results on April 29.

— Wells Fargo fell 40 cents, or 0.7 percent, to $54.19 after reporting first-quarter earnings fell slightly from the same period a year earlier. Gains from trading and mortgages were offset by lower income from other sources, such as card fees and deposit service charges.

— Avon Products surged 14 percent after The Wall Street Journal, citing sources familiar with matter, reported that the beauty company is considering "strategic alternatives" that could include selling its North American business. Shares rose $1.14 to $9.15.

The rise in oil Tuesday came on indications that U.S. oil production in places like North Dakota is beginning to slip as a result of a sharp pullback in drilling activity in recent months. Benchmark U.S. crude rose $1.38 to close at $53.29 a barrel in New York. Brent crude, a benchmark for international oils used by many U.S. refineries, rose 50 cents to close at $58.43 in London.

In other futures trading on the NYMEX:

— Wholesale gasoline rose 3.1 cents to close at $1.836 a gallon.

— Heating oil rose 1.9 cents to close at $1.802 a gallon.

— Natural gas rose 1.9 cents to close at $2.530 per 1,000 cubic feet.

In currency markets, the dollar slipped to 119.37 yen from 120.32 yen. The euro rose to $1.0655 from $1.0597.

Gold fell $6.70 to $1,192.60 an ounce, silver fell 13 cents to $16.16 an ounce and copper fell two cents to $2.70 a pound.

Bond prices rose. The yield on the 10-year Treasury note fell to 1.89 percent from 1.93 percent late Monday.

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Protester interrupts European Central Bank press conference

FRANKFURT, Germany — A female protester has interrupted the European Central Bank's press conference screaming "End ECB dictatorship."

The protester rushed to the stage where ECB President Mario Draghi was delivering opening remarks after the bank's latest policy meeting.

Draghi reappeared on stage a few minutes later and carried on with his remarks.

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Nokia confirms acquisition of French telecommunications company Alcatel-Lucent

Photo by: 

The Associated Press

FILE - This Thursday, Jan. 29, 2015 shows the Nokia head offices in Espoo, Finland. Nokia says it is in advanced discussions to acquire the French telecommunications company Alcatel-Lucent. In a brief statement Tuesday, the Helsinki-based mobile technology concern said the two companies are in advanced negotiations "with respect to a potential full combination which would take the form of a public exchange offer by Nokia for Alcatel-Lucent." (Roni Rekomaa/Lehtikuva via AP, File) FINLAND OUT

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Nokia confirms acquisition of French telecommunications company Alcatel-Lucent

Photo by: 

The Associated Press

FILE - This Thursday, Jan. 29, 2015 shows the Nokia head offices in Espoo, Finland. Nokia says it is in advanced discussions to acquire the French telecommunications company Alcatel-Lucent. In a brief statement Tuesday, the Helsinki-based mobile technology concern said the two companies are in advanced negotiations "with respect to a potential full combination which would take the form of a public exchange offer by Nokia for Alcatel-Lucent." (Roni Rekomaa/Lehtikuva via AP, File) FINLAND OUT

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Marchers in Boston seek higher wages

BOSTON — Backers of a drive to hike wages for the nation's lowest paid workers to at least $15 per hour are holding a series of events in Boston.

Several hundred people, including college students, fast-food restaurant employees and other workers gathered for a rally on Tuesday afternoon at Forsyth Park near Northeastern University. Many held signs bearing messages such as "Fight for $15," ''Stop Corporate Greed," and "Jobs for Justice."

The group later planned a march to a McDonald's restaurant in downtown Boston, with several stops scheduled along the route.

Protesters say Boston is serving as a launching ground for nationwide protests on behalf of low-paid workers.

The Massachusetts Legislature approved a law last year raising the state's minimum wage in three steps to a U.S.-leading $11 per hour by 2017.

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European shares advance as Draghi stays the stimulus course

LONDON — European shares rose Wednesday as European Central Bank chief Mario Draghi gave few hints that the bank will bring its stimulus earlier than planned. Shares in Asia fell, however, after figures showed China growing at its slowest pace in six years.

KEEPING SCORE: In Europe, Germany's DAX rose 0.7 percent to 12,273 while the CAC-40 in France was up 0.7 percent at 5,253. Britain's FTSE 100 index of leading British shares was 0.4 percent higher at 7,107. Wall Street was poised for a solid opening with both Dow futures and the broader S&P 500 futures up 0.4 percent.

FOCUS ON DRAGHI: Minutes after being forced from the stage at his briefing by a protester, Mario Draghi, the president of the European Central Bank, indicated that he bank will stick with its monthly bond purchases despite recent signs of an economic rebound in the 19-country eurozone. A raft of solid economic data have ratcheted up expectations that the ECB will ease up the pace on its purchases, so-called tapering. His briefing came after the bank kept its main interest rate unchanged at a record low of 0.05 percent. As his briefing came to an end, the euro was down 0.1 percent at $1.0633.

CHINA DATA: China was also in focus Wednesday after figures showed the world's number 2 economy cooled further as manufacturing and retail sales slowed in January-March. Growth fell to 7 percent from the previous quarter's 7.3 percent, the weakest performance since it tumbled to 6.1 percent in the first quarter of 2009. The slower pace of growth has raised expectations that Beijing will look to enact further stimulus.

ASIA'S DAY: Japan's Nikkei 225 stock index fell 0.2 percent to 19,869.76. Hong Kong's Hang Seng recovered from early losses, gaining 0.2 percent to 27,618.82 and South Korea's Kospi gained 0.4 percent to 2,119.96. But the Shanghai composite index yoyo'd to end the day 1.2 percent lower at 4,084.16. In Australia, whose resource sector is vulnerable to fluctuations in Chinese demand, the S&P ASX/200 fell 0.6 percent to 5,908.40.

ENERGY: Benchmark U.S. crude rose $1.07 to $54.36 a barrel in electronic trading on the New York Mercantile Exchange. Brent crude, a benchmark for international oils used by many U.S. refineries, rose 75 cents to $59.17 a barrel in London.

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Correction: Airline Seat Health Risk story

WASHINGTON — In a story April 14 about airline seats, The Associated Press reported erroneously on how the government tracks the percent of airline seats sold. The figure does include seats obtained through frequent flier miles.

A corrected version of the story is below:

Panel asks: Could cramped airline seats be dangerous?

Consumer panel investigates whether cramped airline seats could be dangerous to passengers

By SCOTT MAYEROWITZ

AP Airlines Writer

WASHINGTON (AP) — The shrinking space on airplanes is surely uncomfortable, but it might also be dangerous for passengers' health and safety.

Planes are filled with more passengers than ever before. Fliers are older and heavier. Flight attendants warn about an increase in air rage, and experts question if having rows of seats packed closer together might make it harder for passengers to evacuate after a crash.

A consumer advisory group set up by the Department of Transportation dove into all those issues Tuesday at a public hearing as part of its role to make non-binding suggestions to government regulators.

Charlie Leocha, the consumer representative on the committee, said the government sets standards for the conditions for dogs flying as cargo but doesn't dictate minimum space standards for passengers.

"In a world where animals have more rights to space and food than humans," Leocha said, "it is time that the DOT and FAA take a stand for humane treatment of passengers."

Fliers last summer squeezed into the least amount of personal space in the history of flying. In July, U.S. airlines sold a record 87.8 percent of seats on domestic flights, according to the Bureau of Transportation Statics. That figure includes seats obtained through frequent flier miles but does not include seats occupied by airline employees flying for free.

"Unfortunately, the days of the empty middle seat are a thing of the past," said Julie Frederick, a representative for the American Airlines flight attendants union.

Following the implementation of checked-bag fees in 2008, Frederick said, more and more passengers are carrying on bags, fighting for overhead bin space. That anger carries over through the flight as passengers bump elbows on armrests and bang their knees against tray tables. She said there are more cases of air rage, many of which go unreported.

Questions were also raised if the increased density of seats means passengers won't be able to evacuate fast enough after a crash.

The Federal Aviation Administration runs various tests including how fast passengers can evacuate a plane and how fast they can put on a life preserver.

But Cynthia Corbertt, a human factors researcher with the FAA, testified that it conducts those tests using planes with 31 inches between each row of seats. Many passenger jets today have less legroom. For instance, United Airlines has 30 inches of room, known as pitch, on some jets; Spirit Airlines offers 28 inches.

"We just haven't considered other pitches," Corbertt told the Advisory Committee for Aviation Consumer Protection.

Before any new jet is allowed to fly, the manufacturer must prove that everybody can evacuate in 90 seconds with half of the exits blocked.

Carry-on baggage is strewn throughout the cabin, and the test is conducted in night-like conditions. However, the cabin is not filled with smoke, and all of the passengers are physically fit, dressed in athletic clothing and know that an evacuation is coming.

"We'd like to see more realistic simulations," Frederick testified. She added that most passengers don't pay attention to pre-flight safety briefings, especially now that they can use electronic devices from gate to gate.

Pennsylvania Attorney General Kathleen Kane, who chairs the DOT committee, noted concern that the FAA does not factor in human panic, especially parents who might take extra time to ensure their children are safe before evacuating.

"So they aren't the average traveler, quite honestly," Kane said.

On long flights, there is another risk for fliers: deep vein thrombosis, where a blood clot forms, typically in a leg vein. If that clot gets lose and travels into the lungs, it can cause a blockage.

Nimia L. Reyes, a medical officer with the Centers for Disease Control and Prevention, said that seat size isn't necessarily a factor in people developing the clots or not. The real issue, she said, was how able passengers are to get up, walk around and stretch. Those in window seats have twice the risk of getting deep vein thrombosis than those on the aisle seats.

Producing more legroom isn't that simple.

After years of major losses and a wave of bankruptcies, airlines are finally profitable again after adding baggage fees and increasing the number of seats on jets. Last year, U.S. carriers earned more than a combined $11 billion.

Airlines do offer coach passengers more legroom, if they are willing to pay for it — often $50 extra each way. Many travelers aren't.

Keith Hansen, director of government affairs for budget carrier Allegiant Air, said the No. 1 thing vacationers care about is price.

"The only way we can offer a low airfare ... is to increase the seating density so we can divide the cost of operating a flight among the greatest number of people possible," Hansen said.

The DOT has seen an increase in passenger complaints but few regarding seat recline or personal space, said Blane Workie, a committee member and the department's assistant general counsel for aviation enforcement and proceedings.

David A. Berg, a member of the DOT committee and general counsel for the airline industry's trade and lobbying group, Airlines for America, asked how airlines would respond if the government created a new rule requiring a minimum amount of legroom.

"If airlines are forced to reduce the number of seats," Hansen replied, "inevitably there would be an increase and it would price out part of the traveling public."

___

Scott Mayerowitz can be reached at http://twitter.com/GlobeTrotScott .

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GOP investigators asked Clinton about private email in 2012

NORWALK, Iowa — Hillary Rodham Clinton was asked by congressional investigators more than two years ago whether she had used a private email account while serving as secretary of state but the State Department later declined to address the question.

Rep. Darrell Issa, R-Calif., then the chairman of the House Committee on Oversight and Government Reform, asked the State Department about it in a December 2012 letter about officials' use of personal email. The letter asked if Clinton "or any senior agency official ever used a personal email account to conduct official business."

The State Department responded in March 2013 with details on their email policies but didn't address the substance of the request. The letters were first reported by The New York Times.

Clinton was wrapping up a two-day trip to Iowa on Wednesday, making her first campaign stops since launching her 2016 presidential campaign on Sunday. She was meeting with small business owners at an event in Norwalk, about 15 miles outside Des Moines.

She said during a news conference at the United Nations last month that she used a personal account over a government one out of convenience. She deleted about 30,000 emails that she has described as personal in nature and has declined requests from congressional Republicans to turn over her server for an independent review.

Clinton spokesman Nick Merrill said the Issa letter was sent to all Cabinet agencies shortly before Clinton left the State Department and the department responded to in due course.

"As we've said before, as Secretary, she followed the letter and the spirit of the law. She has provided all of her work email to the State Department and has asked the State Department to release them publicly as soon as possible," Merrill said.

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Seattle CEO to cut his pay so every worker earns $70,000

SEATTLE — For some companies, Seattle's new $15 minimum wage law isn't doing enough to help workers.

The CEO of Gravity Payments, a Seattle-based company that processes credit-card payments, told his employees this week that he was taking a pay cut so they would earn a base salary of $70,000, to be phased in over three years.

Dan Price's announcement surprised everyone at a company meeting, Seattle television station KING reported (http://is.gd/zAcR2p ). He says his pay cut is worth it to make the company's more than 100 employees happy and to build loyalty.

"I think this is just what everyone deserves," Price told workers.

Earlier this month, Seattle's minimum wage law went into effect, which will eventually raise base hourly pay to $15. It's phased in more quickly for big companies than small ones: Large businesses and national chains had to raise their minimum wage to at least $11 an hour when the law took effect April 1, while smaller businesses now must pay at least $10.

Washington state already has the nation's highest minimum wage at $9.47 an hour.

People in the Seattle area rallied Wednesday for wage increases as part of national protests. Drivers for Uber and Lyft — the app-based car-hailing services — planned to gather in the Pioneer Square neighborhood, while airport workers were expected to rally at Seattle-Tacoma International Airport.

For Gravity Payments employee Alyssa O'Neal, who will more than double her salary once the company's policy is implemented, says she will use the extra money to buy a house for her young family.

"House, absolutely. I have this goal of being a 21-year-old homeowner, and I'm going to reach that now, and I'm stoked," O'Neal said.

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Italian police reveal scale of fraud in public contracts

ROME — Italy's financial police have released sobering statistics about the state of fraud and corruption in Italy's public sector: Of the 4.6 billion euros ($5 billion) worth of public contracts checked last year, they found 1.5 billion euros in fraud and 2.6 billion euros wasted.

The financial police released their annual report for 2014 on Wednesday, saying they had made police reports against 3,700 people for crimes against public administration.

The mafia has been known for its infiltration of public contracts in Italy, helping contribute to the country's dismal ranking on Transparency International's corruption perception list — alongside Swaziland, Senegal, Greece, Bulgaria and Romania. Recently, major anti-corruption investigations have targeted contracts for Milan's Expo world's fair, Venice's Moses underwater barrier project and the reconstruction of L'Aquila after the 2009 earthquake.

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US stocks rise as investors wait on Fed, earnings

NEW YORK — U.S. stocks edged higher Wednesday as investors waited for the release of minutes from the Federal Reserve's latest meeting. Investors were also waiting for companies to start reporting their first-quarter earnings. Alcoa, a metals company, will be one of the first major companies to report earnings after the close of the market.

Stocks gave up early gains after Reuters reported that New York Fed President William Dudley said that policy makers could still raise interest rates in June, despite the economy's slow start to the year.

KEEPING SCORE: The Standard & Poor's 500 index was unchanged at 2,076, as of noon Eastern. The Dow Jones industrial average climbed seven points, or 0.1 percent, to 17,885. The Nasdaq composite gained 19 points, or 0.4 percent, to 4,928.

NOTES OF A MEETING: Investors will pore over the minutes from the Federal Reserve's March meeting after they are released later Wednesday. Policymakers have hinted that they will raise interest rates later this year, if the economy strengthens sufficiently. The Fed has kept its benchmark lending rate close to zero for more than six years.

EARNINGS: Companies are set to start reporting earnings for the first quarter. Earnings per share are projected to decline by about 3 percent for S&P 500 companies, according to data from S&P Capital IQ. That would be first contraction since the third quarter of 2009, when the economy was emerging from the Great Recession.

A big slump in oil prices last year his crimped profits at energy companies and a surging dollar is hurting the earnings of big multinational corporations.

THE QUOTE: David O'Malley of Penn Mutual Asset Management, says that earnings may turn out worse than analysts are currently expecting. That's because executives will have an incentive to "get a lot of things out of the way," in the first quarter because earnings are already forecast to be negative. For example, they may decide to write down the value of assets earlier.

"The equity market is a little bit vulnerable here, especially if earnings are a bit worse," said O'Malley.

PHARMA DEAL: Mylan, a U.K.-based pharma company that is listed in the U.S., jumped $7.34, or 12 percent, to $66.98 after the company offered $29 billion in stock and cash for Perrigo.

EUROPE'S DAY: Britain's FTSE 100 fell 0.2 percent while France's CAC 40 dropped 0.4. Germany's DAX slipped 0.8 percent.

ENERGY DEAL: Royal Dutch Shell agreed to buy BG Group for $69.7 billion in cash and stock. Energy companies are looking to reduce costs and become more efficient in the wake of tumbling oil prices and can do that by combining businesses. Christian Stadler, associate professor of strategic management at Warwick Business School, said the deal "could be the beginning of a new wave of mega-mergers in the sector."

Shell's stock fell 7 percent in London while BG Group's soared 32 percent.

ENERGY: Oil slumped after a report showed a big increase in U.S. stockpiles. Benchmark U.S. crude fell $2.07 to $51.91 a barrel in New York. Brent crude, the international benchmark, slipped $1.76 to $57.34.

BONDS AND CURRENCIES: U.S. government bond prices fell. The yield on the 10-year Treasury note rose to 1.93 percent from 1.89 percent. The dollar fell to 119.95 yen from 120.30 yen Tuesday. The euro slipped to $1.0799 from $1.0823.

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Weekly ratings: college basketball dominates; mixed bag for religious programming

One week after AMC's "The Walking Dead" ended its season, the Final Four college basketball contest between Wisconsin and undefeated Kentucky towered over all other programs in the weekly rankings.

The Badgers' upset victory over the Wildcats on Saturday night averaged a big 5.8 rating/19 share in adults 18-49 and 16.8 million viewers on TBS. But if you include the simulcasts on both TNT and truTV, the Turner networks combined to do a 7.3/23 in the demo and drew 22.63 million viewers overall -- the largest audience for the round in 23 years.

That made it especially dominant in a holiday frame that saw reduced ratings for several shows later in the week. CBS' "The Big Bang Theory," for example, returned Thursday after a two-week hiatus to easily its lowest scores of the season. It wasn't alone, though, as ABC's "Grey's Anatomy" and "Scandal" also hit lows on the night.

Last week saw mixed results for religious-themed programming, with NBC faring well with its Easter Sunday series premiere of "A.D. The Bible Continues" (2.3/7 in 18-49, 9.68 million viewers overall). Though it couldn't come close to Part 1 of the History network's miniseries "The Bible" in 2013 (3.3 in 18-49, 13.1 million viewers overall), it was NBC's top series premiere of the season in several categories. (It's worth noting that "The Bible" had the advantage of premiering in early March and not on a holiday weekend, and then concluded on Easter.)

Not faring as well was CBS' two-night movie premiere "The Dovekeepers" (1.0/3 in 18-49, 8.98 million viewers overall on Tuesday and 0.9/3 in 18-49, 6.35 million viewers on Wednesday). On average, its four hours rated more than 40% lower in 18-49 than the regularly scheduled crime series on the network the previous week (0.95 vs. 1.7).

ABC saw stronger than usual scores for its annual telecast of 1956 theatrical classic "The Ten Commandments" (1.4/5 in 18-49, 6.88 million viewers overall). The net has been airing the movie on the Saturday before Easter in recent years, but moved it to Sunday this year to blunt the premiere of NBC's "A.D. The Bible Continues."

At Fox News Channel, Friday's telecast of "Killing Jesus" averaged 1.86 million viewers including 385,000 adults 25-54, making the network No. 1 among cable newsies on the night. It was up vs. FNC's performance on Good Friday last year by 24% in total viewers and a big 84% in the demo. Five days earlier, the premiere telecast of "Killing Jesus" drew 3.7 million viewers for National Geographic Channel -- an all-time high for the network.

Overall for the week of March 30-April 5, according to Nielsen's "live plus same-day" estimates, ABC prevailed in adults 18-49 by a narrow margin over NBC and CBS, with college basketball-boosted TBS and Univision rounding out the top five. ABC and CBS tied for the lead in adults 25-54 while the Eye easily won in total viewers.

The Alphabet had a good performance from its Wednesday comedy block, including rookie "Black-ish" (2.4/8 in 18-49, 7.43 million viewers overall), which logged its best scores of 2015. It retained a higher-than-usual 80% of its lead-in from "Modern Family" (3.0/10 in 18-49, 9.43 million viewers overall), which was the top show of the night in demos.

At Fox, the series premiere of comedy "Weird Loners" drew tiny ratings Tuesday (0.7/2 in 18-49, 1.89 million viewers overall), though it had a modest lead-in from "New Girl," which hit season lows (1.0/3 in 18-49, 2.32 million viewers overall). NBC, by comparison, looked pretty good in the same hour with its recent comedy additions "Undateable" (1.4/4 in 18-49, 4.98 million viewers overall) and "One Big Happy" (1.2/4 in 18-49, 3.82 million viewers overall).

Despite getting a softer lead-in this week from "The Voice" (2.0/7 in 18-49, 8.57 million viewers overall for a recap episode) and facing all firstrun Fox comedy competition for the first time, "Undateable" stood as the night's top-rated comedy. And "One Big Happy" held all of its demo rating from the previous week, holding a best-yet 86% of "Undateable."

CBS was led by "The Big Bang Theory" (3.4/14 in 18-49, 13.89 million viewers overall), though it was down a full ratings point from its prior original, and "NCIS" (2.2/8 in 18-49, 16.60 million viewers overall), which was Tuesday's No. 1 show in demos and stood as the week's most-watched series overall.

Of note at CW was a good week 3 hold by Tuesday drama "iZombie" (0.7/2 in 18-49, 1.81 million viewers overall). Teaming with "The Flash" (1.3/4 in 18-49, 3.67 million viewers overall), the network tied Fox for the night in 18-49 and pulled ahead in 18-34.

Univision moved to second place (behind ABC) for the week in adults 18-34 thanks to a strong premiere week for "Amores con Trampa" (Fooled into Love), which averaged 717,000 viewers in the demo for its five episodes in the 8 o'clock hour. Overall, the novela averaged a 1.2 rating/4 share in adults 18-49 and 3 million total viewers overall.

Comedy Central's "Roast of Justin Bieber" on Monday averaged a strong 2.6/9 in adults 18-49 (among primetime's top 5 programs of the week) and 4.4 million viewers overall. This is the third largest audience among the network's 14 such events over the years, behind only Charlie Sheen in 2011 (6.4 million) and Jeff Foxworthy in 2005 (6.0 million).

At Starz, "Outlander" returned from its midseason hiatus with a solid 1.22 million viewers -- in line with its prior season average even though it went up against the big college basketball game. It was also more than double the series' premiere average from last summer (721,000). Women comprised roughly 62% of the Saturday tune-in, and about 59% of the 2.4 million viewers who watched over the weekend.

AMC's return of "Mad Men" (0.8/2 in 18-49, 2.27 million viewers overall) matched the show's year-ago premiere score and figures to see especially large DVR playback due to the Easter holiday.

WEEK'S TOP PRIMETIME NETWORKS
(Live plus same-day for March 30-April 5, 2015)

Adults 18-49 (rating/share)
ABC 1.4/5
NBC 1.3/4
CBS 1.3/4
TBS 1.2/4
UNI 1.0/3
Fox 0.9/3
TNT 0.6/2
USA 0.6/2
TEL 0.6/2
CW 0.5/2

Total Viewers (in millions)
CBS 8.09
ABC 6.43
NBC 5.80
TBS 3.48
Fox 3.16
UNI 2.61
TNT 1.73
USA 1.70
FNC 1.70
TEL 1.45

WEEK'S TOP PRIMETIME PROGRAMS
(Live plus same-day for March 30-April 5, 2015)

Adults 18-49 (rating/share)
1. College basketball, Saturday: Kentucky vs. Wisconsin (TBS), 5.8/19*
2. The Big Bang Theory (CBS), 3.4/14
3. The Voice-Monday (NBC), 3.2/10
4. Modern Family (ABC), 3.0/10
5. Roast of Justin Bieber (Comedy), 2.6/9
6. Black-ish (ABC), 2.4/8
7. A.D. The Bible Continues (NBC), 2.3/7
8. NCIS (CBS), 2.2/8
8. Survivor (CBS), 2.2/8
10. Scandal (ABC), 2.1/7
10. Dancing With the Stars (ABC), 2.1/6
12. Mom (CBS), 2.0/7
12. The Voice-Tuesday (NBC), 2.0/7
12. The Goldbergs (ABC), 2.0/7
12. Scorpion (CBS), 2.0/6
16. The Odd Couple (CBS), 1.9/7
16. Grey's Anatomy (ABC), 1.9/7
18. The Middle (ABC), 1.8/7
18. American Idol-Wednesday (Fox), 1.8/6
18. The Big Bang Theory, 9 p.m.-r (CBS), 1.8/6
18. Mike & Molly (CBS), 1.8/6
18. 2 Broke Girls (CBS), 1.8/6

Total Viewers (in millions)
1. College basketball, Saturday: Kentucky vs. Wisconsin (TBS), 16.80*
2. NCIS (CBS), 16.60
3. The Big Bang Theory (CBS), 13.89
4. Dancing With the Stars (ABC), 13.76
5. The Voice-Monday (NBC), 11.86
6. Blue Bloods (CBS), 10.70
7. A.D. The Bible Continues (NBC), 9.68
8. Survivor (CBS), 9.59
9. Modern Family (ABC), 9.43
10. Scorpion (CBS), 9.38
11. Madam Secretary (CBS), 9.27
12. NCIS: Los Angeles (CBS), 9.17
13. The Dovekeepers: Part 1 (CBS), 8.98
14. Hawaii Five-0 (CBS), 8.87
15. The Odd Couple (CBS), 8.70
16. Mom (CBS), 8.62
17. The Voice-Tuesday (NBC), 8.57
18. American Idol-Wednesday (Fox), 8.48
19. The Big Bang Theory, 9 p.m.-r (CBS), 8.34
20. Castle (ABC), 8.16

*the game also aired on TNT and truTV, with the three-network cume totals hitting 7.3/23 in 18-49 and 22.63 million viewers overall

© 2015 Variety Media, LLC, a subsidiary of Penske Business Media; Distributed by Tribune Content Agency, LLC

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Talking turkey: How bird flu outbreaks are playing out

MINNEAPOLIS — A deadly strain of bird flu has reached the Midwest, killing or requiring hundreds of thousands of turkeys to be euthanized. Some questions and answers about the outbreak:

WHAT KIND OF FLU IS THIS, EXACTLY?

H5N2 is a highly contagious virus that kills commercial poultry quickly once it gets into a barn. It can spread via an infected bird's droppings or nasal discharges — yes, turkeys can sneeze. But the risk to the public is considered low, and infected birds are kept out of the food supply.

WHERE IS THIS TURNING UP, AND IN WHAT KINDS OF BIRDS?

Minnesota has been hit harder than any other state, but it's not clear why. The virus has caused outbreaks at eight turkey farms in central and western Minnesota since late February, as well as farms in the Mississippi and Central flyways in Missouri (2) South Dakota (1), Kansas (1) and Arkansas (1). Nearly all the losses have been at big commercial turkey farms. But this strain of bird flu can be just as deadly to chickens. The Kansas outbreak involved a backyard flock of chickens and ducks. H5N2 and other highly pathogenic strains have also been found since late last year among wild birds, backyard flocks and commercial farms in some western states and British Columbia.

AREN'T MOST COMMERCIAL POULTRY BARNS SHUT TIGHT TO KEEP DISEASES OUT?

They are. Poultry farms with good biosecurity strictly limit who's allowed in. Workers often have to shower on their way in and out, wear protective coveralls and step in disinfectant to kill viruses on their boots. Equipment coming in and out is typically sanitized. Trucks entering and leaving a farm might get their tires scrubbed. But the system doesn't always work. Experts say it requires everyone to do everything right all the time. Plus rodents and wild birds that sneak into a barn can bring in the virus.

SO WHAT HAPPENS TO THESE TURKEYS WHEN BIRD FLU ARRIVES?

They die, and quickly. The first symptom farm workers notice may be a rapid spike in sudden deaths. Less severe symptoms can be similar to colds and flu in humans, or a flock turning quiet. Vaccines have been used around the world to protect flocks against various bird flu strains ahead of time, but this strain is new to the U.S. Once an infection is confirmed at a farm, all surviving birds on the property are typically killed to prevent it from spreading. These flocks are usually killed by pumping a water-based foam into the barn, following guidelines from the U.S. Department of Agriculture endorsed as humane by the American Veterinary Medical Association. The foam suffocates the birds within minutes.

OH. SO WHAT DO THEY DO WITH ALL THESE DEAD BIRDS?

They compost them — usually right in the same barn where they died. It sounds gross, but composting is a widely used and approved method throughout the poultry industry to dispose of birds that die in the usual course of business on a farm — and those that die in disease outbreaks. Studies show that properly done, the heat generated by composting is enough to kill flu viruses and other pathogens commonly present in poultry such as salmonella. The compost then can be safely spread as fertilizer.

DO THESE OUTBREAKS WIPE OUT AFFECTED FARMERS?

An outbreak that kills tens of thousands of birds certainly can cost a farm dearly. The government doesn't compensate producers for birds that die of the disease itself, but it does reimburse them for birds that have to be euthanized as a precaution. That gives farmers an incentive to report suspected outbreaks and deal with them swiftly. Often the birds themselves belong to a big poultry company such as Jennie-O Turkey Store, Cargill or Butterball but are being raised by contract growers. And a barn can be returned to production within a few months, once it's been thoroughly cleaned out and disinfected.

WHY DOES MINNESOTA HAVE SO MANY TURKEYS?

Minnesota is the top turkey state in the U.S. It produces around 46 million turkeys each year worth about $750 million, and exports around 8 percent of its production. Turkey farms have become clustered over the decades around processing plants and cheap sources of feed, and Minnesota has plenty of both. Jennie-O is based in prime turkey territory in western Minnesota, and Minnesota is also leading corn and soybean producer.

SO DOES THIS MEAN I'LL BE PAYING MORE FOR TURKEY?

Probably not. While Minnesota alone has lost around 373,000 birds from this outbreak, and the toll nationwide is over 500,000, that's just a sliver of U.S. turkey production — 235 million birds in 2014. If anything, the loss of export markets because of these outbreaks may put downward pressure on prices because that turkey will have to be sold domestically. And don't worry about Thanksgiving. Turkey prices around the holidays often have nothing to do with the costs of production. Retailers often sell turkeys at a loss just to draw in customers who'll stock up on stuffing mix, cranberries, sweet potatoes, pies and other traditional favorites.

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US agency denies request to probe Fiat Chrysler minivans

DETROIT — U.S. safety regulators have denied a New Jersey man's request to investigate Fiat Chrysler minivans because they can stall after refueling.

The National Highway Traffic Safety Administration says 720 complaints were filed with the agency and Chrysler about the problem in Chrysler Town and Country and Dodge Grand Caravan vans. But the agency concluded that further investigation is unlikely to find a safety defect because the stalls happen infrequently and at low speeds. It looked at minivans from 2003 to 2007 with total sales of just under 1.9 million.

The agency also noted that it has no reports of crashes or injuries from the problem.

"The failure rate is low, even after eight to 13 years of the vehicles being in service," the agency wrote in documents posted Wednesday on its website. "Given the need to allocate and prioritize NHTSA's limited resources to best accomplish the agency's safety mission, the petition is denied."

NHTSA also said it will take further action if warranted by circumstances in the future.

Brian Rosa of Union, New Jersey, petitioned the agency in July of last year after his 2007 Dodge Grand Caravan began stalling after the gas tank was filled. He said the van stalled on his wife without warning while she was driving on a freeway. "Stalling without warning represents an unreasonable risk to motor vehicle safety, and the agency should open a preliminary evaluation," he wrote.

An e-mail message seeking comment was left for Rosa on Wednesday.

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Cuba says it's launching first official classified ads

HAVANA — The Cuban government says it will start publishing classified ads in print and online, entering a vibrant informal marketplace where Cubans can find everything from houses to pirated U.S. television programs.

Cubans frustrated by their ability to obtain high-quality products from state-run businesses at affordable prices frequently consult a range of new websites and privately run pamphlets used by licensed and black-market entrepreneurs to sell a startling variety of goods and services.

Most of the publications have started in the last five years as government reforms have permitted the growth of a small private sector on the communist-governed island.

The state-run National Information Agency said Thursday that a website called Ofertas, or Offers, and a 16-page color magazine with an initial run of 60,000 copies will be available next month.

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Dish's Sling TV sets HBO launch date, along with upgrade to meet heavy demand

Sling TV, Dish Network's over-the-top Internet streaming service, will add HBO -- for an additional $15 per month -- by Saturday, April 11. And the company claims it's now ready for the masses.

On Sling TV, the addition of HBO stands to attract more people to the fledgling 20-channel service, aimed at price-sensitive consumers who don't want to pay for a full-blown cable TV package. The launch is being timed to happen before season five of "Game of Thrones" -- HBO's highest-profile original series -- premieres Sunday.

Will Sling TV be able to handle the audience that shows up to watch "Thrones" live? Over this past weekend, some users of the service experienced errors when they tried to watch the Final Four games of the NCAA March Madness men's basketball tournament on Turner networks. "We're sorry some basketball fans saw errors tonight due to extreme sign-ups and streaming," Sling's tech support team tweeted Saturday.

Now, with HBO coming on board, Sling TV says it's upgrading its applications to "reduce overhead and load on our servers."

"This will allow us to provide a more seamless experience to all customers during periods of heavy viewership," the company said. Sling TV has not disclosed how many customers it has signed up to date, but it reportedly drew more than 100,000 within its first month after launching in February.

It's worth noting that HBO itself has had trouble meeting peak streaming demand for high-profile programming with HBO Go: Many users had trouble accessing the service during the "Game of Thrones" season 4 debut last April, as well as for the finale of "True Detective" one month earlier.

Meanwhile, on Tuesday, HBO Now -- the premium cabler's standalone broadband service, which doesn't require a pay-TV package -- launched with Apple and Cablevision Systems. That's also priced at $15 per month.

Other Sling TV feature enhancements set to roll out include the addition of parental controls across all channels to manage TV shows by rating; and mini-guide updates that make it easier for customers to find shows by subject/genre on the following devices: Amazon Fire TV, Amazon Fire TV Stick, Roku players, Roku TV models and Xbox One.

The Sling TV pact for HBO was part of a larger, multiyear agreement between Dish and Time Warner's Turner Broadcasting and HBO. On Sling TV, HBO will include one live channel and the same on-demand library that HBO provides on its other platforms, including HBO Go, with access to every original series from the network.

Sling TV provides 20 networks in its core $20-per-month lineup -- a slimmed-down bundle aimed as price-sensitive, younger consumers who are averse to full-blown pay-TV. The key property here is ESPN: It's the priciest cable net in the biz at around $6 per month per sub on a wholesale basis. Others include AMC, TNT, TBS, Food Network, HGTV, Travel Channel, Disney Channel, CNN, A&E, History and Lifetime. Sling TV also offers optional $5-per-month add-on tiers.

© 2015 Variety Media, LLC, a subsidiary of Penske Business Media; Distributed by Tribune Content Agency, LLC

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Tesla boosts range, power and price of low-end Model S

DETROIT — Electric car maker Tesla Motors is going after mainstream luxury car buyers by adding all-wheel-drive and more range and power to the base version of its only model.

But the added features at the low end of the Model S lineup will come with about a 7 percent price increase, to $75,000 for those buying the cars. The base lease price will rise to $838 per month from $796 for 12,000 miles per year.

As of Wednesday, Tesla will stop selling the old base Model S called the 60. The $70,000 rear-drive car with a 380-horsepower motor could go 208 miles on a single charge and from zero to 60 mph in 5.9 seconds.

The new all-wheel-drive model, called the 70D, can go a government-certified 240 miles per charge, has 514 horsepower and can go from zero to 60 in 5.2 seconds. Buyers also get free access to Tesla's network of quick-charging stations and some other standard features.

CEO Elon Musk says with a $7,500 federal tax credit that takes the price to $67,500, plus tax credits in some states, the new version is price-competitive with BMW's midsize 5-Series, or the Mercedes E-Class when you add in savings from not buying gasoline. BMW's 5 Series starts around $50,000, while the E-Class starts at close to $52,000.

He said Tesla, which is based in Palo Alto, California, needed all-wheel-drive to appeal to luxury buyers, especially in colder climates such as the Northeast, where most luxury cars are sold. About 58 percent of the luxury car market in the U.S. is all-wheel-drive, according to Kelley Blue Book.

"It's also good in warm climates where there's heavy rain or slippery roads for any reason," Musk said in an interview. "We've seen a strong interest in all-wheel-drive in all climates, really."

Tesla's next vehicle, the Model X SUV due out late this year, will be offered with similar features at the low end of the lineup, Musk said. The company also is planning a $35,000 mainstream car called the Model 3 with a 200-mile range that's due out in 2017.

Even with the added features, the 70D will have trouble competing with Mercedes and BMW solely on price, said Tom Libby, an analyst with IHS Automotive in Southfield, Mich.

Extreme competition between BMW, Mercedes and Audi is driving luxury lease prices down, Libby said. For instance, an all-wheel-drive BMW 5-Series can be leased for around $600 per month. "He has to compete against that," Libby said of Musk. "He has to emphasize the benefits of the Model S versus the traditional luxury cars" which include using no gas, performance, safety and handling, Libby said.

Tesla requires about $6,500 due at signing for its 12,000-mile lease, while BMW requires just over $4,300.

Musk said he has no plans to spend more on marketing to match Mercedes and BMW even though he's going after more mass-market customers. The company will continue to host events for customers but "there are no plans yet to do advertising or endorsements or any discounting," Musk said.

Tesla Motors Inc. shares rose $3.02, or 1.5 percent, to $206.27 in morning trading. Its shares are down almost 4 percent over the past year.

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Ben Bernanke memoir will be titled 'The Courage to Act'

NEW YORK — The memoir by Federal Reserve Chairman Ben Bernanke will be called "The Courage to Act" and is coming out in October.

The title and release date were announced Wednesday by publisher W.W. Norton & Co. The deal was originally reported last year, soon after Bernanke completed his second of two 4-year terms as chairman.

Bernanke plans to focus on the Fed's response to the financial crisis of 2008. In a statement issued by Norton, he said the title of the book was inspired by the Fed's "moral courage" in the face of "bitter criticism and condemnation." Bernanke faced a wide range of attacks, from doing too little for the economy to acting too aggressively.

___

Online:

http://www.couragetoactbook.com

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AT&T paying $25M to settle US action over data breaches

WASHINGTON — AT&T is paying $25 million in a settlement with federal regulators over data breaches at three call centers in Latin America that compromised customer data for some 280,000 U.S. customer accounts.

The Federal Communications Commission announced the action Wednesday. It was the agency's largest privacy and data-security enforcement action to date.

The breaches occurred from November 2013 to April 2014 at AT&T call centers in Mexico, Colombia and the Philippines, the FCC said. Most customers were Spanish-speaking U.S. residents whose calls were routed to those centers.

Call center employees were paid by third parties to obtain customer information such as names and full or partial Social Security numbers. The data were used to submit online requests for cellular handset unlock codes for stolen cellphones, the agency said.

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