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Ready, Set, Go! The Nuts and Bolts of Reimbursement Under the FCC's Rip and Replace Program
by Burt Braverman, Melissa Burgess | Davis Wright Tremaine LLP
On September 27, 2021, the Federal Communications Commission's (FCC) Wireline Competition Bureau (WCB) announced that the Filing Window for the rip-and-replace Reimbursement Program (Filing Window), created pursuant to the Secure and Trusted Communications Networks Act of 2019 (Secure Networks Act), will open on October 29, 2021, and close on January 14, 2022.
As we recently discussed (here) and will discuss further below, the opening of the Filing Window triggers a variety of actions that "providers of advanced communications services" (ACS Providers) who choose to participate in the Reimbursement Program must complete within prescribed timelines. Besides submission of the Reimbursement Program application, chief among the requirements is completion of all removal, replacement, and destruction ("rip-and-replace") work, to eliminate identified Huawei Technologies Company (Huawei) and ZTE Corporation (ZTE) equipment and services from ACS Providers' communications networks.
Closely related requirements include timely filing of Reimbursement Claim Requests and reports addressing the completion of rip-and-replace work. Some of the deadlines are common to all ACS Providers, but each ACS Provider must track its individual deadlines for other requirements.
The Secure Networks Act contains two significant funding-related provisions designed to achieve the Act's goals of purging equipment and services deemed to pose an unacceptable national security risk in subsidized U.S. communications networks and discouraging use of such equipment and services elsewhere.
The first provision (which we addressed in part here 1) prohibits recipients of FCC subsidy funds from utilizing those funds to purchase, rent, lease, otherwise obtain, or maintain, communications equipment or services designated on the FCC's Covered List. This forward-looking prohibition lessens the possibility that risky Huawei and ZTE equipment (and other equipment the FCC later adds to the Covered List designations) can be retained, updated, or added to U.S. networks.
The second provision, subject to appropriations including those made in the Consolidated Appropriations Act of 2021 (CAA), addresses the issue of risky equipment already present in U.S. networks by providing ACS Providers an opportunity to be reimbursed for the cost of removing and replacing existing Huawei and ZTE equipment from their networks.
While participation in the Reimbursement Program is elective, failure to remove and destroy Huawei and ZTE equipment will render communications providers ineligible for future FCC subsidy funds. Receiving funding approval under the Reimbursement Program renders completion of rip-and-replace work mandatory.
Reimbursement Program Filing Requirements and Timelines
Request for Funding Allocation
The rip-and-replace Reimbursement Program requires eligible ACS Providers (including schools, libraries, healthcare entities, and consortia of each that provide advanced communications services) to project future expenses eligible for reimbursement in an FCC Form 5600: Application Request for Funding Allocation (Application Request) submitted to the WCB during the Filing Window, October 29, 2021, through January 14, 2022. After the close of the Filing Window, the WCB will allocate money based on projections of total eligible claims and inform each of the approved ACS Providers (Reimbursement Program Recipients, or Recipients) of the amount of its allocation.
The overall dollar amount of approved claims and each applicant's prioritization status will influence whether the applicant receives all or only part of its requested reimbursement. Upon approval of allocations, Recipients will not immediately receive the allocated funds; they first will have to incur rip-and-replace costs.
Reimbursement Claims
Recipients can submit their first FCC Form 5640: Reimbursement Claim Request (Reimbursement Claim Request) against that allocation immediately after its approval if they have already incurred reimbursable costs, have invoices documenting those costs, and want or need funds to cover the invoiced expenses. While they might choose to file promptly, Recipients are not obliged to submit a Reimbursement Claim Request immediately upon incurring reimbursable costs.
Recipients might instead choose to delay their submissions so long as they comply with two reimbursement filing deadlines: a one-year deadline, calculated from the date of the allocation approval, for submission of the first Reimbursement Claim Request; and a final Claim Deadline (Claim Deadline) (discussed further below), which occurs 120 days after completion of rip-and-replace work. The penalty for failure to file at least one Reimbursement Claim Request within one year of receiving the allocation approval is loss of the approved allocation and all eligibility for reimbursement.
Allocations expire after the Claim Deadline, so any remaining unclaimed funds as of that deadline will also be lost. When planning submission of its first Reimbursement Claim Request, each Recipient must keep in mind that once it receives its first disbursement of allocated funds, it has exactly one year from the date of receipt of that payment (the Rip-and-Replace Term or RRD Term) to complete the removal, replacement, and disposal of all Huawei and ZTE equipment and services throughout its network.
Rip-and-Replace Term Extension
If after commencement of rip-and-replace work the FCC determines that the supply of replacement equipment and services is inadequate to meet Recipients' program needs, and if the Commission provides detailed justification to Congress regarding this determination, it may grant a general six-month extension to the Rip-and-Replace Term for all Recipients. The FCC may also grant individual six-month extensions on a case-by-case basis if the WCB determines that a Recipient requesting an extension was not at fault in its inability to meet its one-year Rip-and-Replace Term.
Between approval of a funding allocation and the close of its one-year Rip-and-Replace Term, each Recipient is subject to interim reporting requirements.
Each Recipient must submit a first Status Update on its rip-and-replace progress within 90 days of receiving its allocation approval; additional Status Updates are due at least every 90 days thereafter. The Status Updates, which must address not only progress made but also challenges encountered and issues with availability of replacement equipment, are intended to help the WCB proactively assess whether a general extension might be necessary. Each Recipient must also submit Spending Reports twice yearly, between February 1 and February 10, and then between August 1 and August 10, starting after the Recipient receives its first disbursement.
Within ten days of the close of the Recipient's one-year Rip-and-Replace Term (plus extension(s), if granted), the Recipient must submit a Final Certification that all Huawei and ZTE equipment and services have been removed and disposed of. The final Reimbursement Claim Request is due by the Claim Deadline, that is, within 120 days after the close of the Recipient's Rip-and-Replace Term, and a final Spending Report is due no later than 60 days following the expiration of the Recipient's Claim Deadline. At any point during the process, a Recipient is subject to audit and field investigations to confirm completion of rip-and-replace work in compliance with the Secure Networks Act and to prevent waste, fraud, and abuse.
Preparing an Application Request for Funding Allocation
Keeping these general requirements in mind, ACS Providers that wish to participate in the Reimbursement Program must take great care in planning their rip-and-replace work and preparing their Application Request.
Filing Window
All ACS Providers have only one window—October 29, 2021, through January 14, 2022—in which to apply for funding for removal and replacement of Huawei and ZTE equipment and services.
Consolidated Application Requests
Affiliated2 ACS Providers can submit individual Application Requests or a consolidated request at the holding company level. The FCC prefers the latter as it will make processing more efficient.
Where affiliates do not submit a consolidated request, the FCC will nevertheless review the related applications together to confirm eligibility because the maximum number of customers allowable for eligibility (10 million) is the sum of customers across all affiliated entities.
Mistakes in Application Requests
Some errors made in the application can be corrected after submission. For instance, the Secure Networks Act allows a single Cure Period for material deficiencies in an application: An applicant will have 15 days (the Cure Period), starting on the date on which the WCB individually notifies the applicant of the material deficiency, to submit a cured application.
Failure to remedy the deficiency within the Cure Period renders the applicant ineligible.
In contrast, some errors cannot be corrected after submission: Critically, cost calculation errors that underestimate the total funding needed for rip-and replace work cannot be revised upward after submission of an application. Outside of the Cure Period, the WCB may request eligible applicants to provide additional information to assist in its evaluation of an application, but the WCB's information request will not create an opportunity for the applicant to request additional funding.
Amendments and Modifications
While there will only be one Filing Window and little opportunity to amend applications, the WCB will allow some modifications to the Application Request after it allocates funds. For example, a Recipient may notify the Reimbursement Program Fund Administrator of its intent to amend and will then be able to submit changes, such as providing itemized vendor quotes where the initial application relied on the Cost Catalog (see below) for a cost estimate.
These post-allocation amendments will not result in recalculation of the allocated funds: If actual rip-and-replace costs are greater than initially projected, the Recipient will only receive reimbursements up to the allocated amount. Because ACS Providers cannot amend their total request amount after filing, ACS Providers should account for reasonably foreseeable cost increases and provide supporting documentation when submitting the Application Request.
Tools to Assist in Preparation of the Application Request
In addition to providing an educational webinar, responding to Frequently Asked Questions (FAQs), and setting up a Fund Administrator Help Desk to respond to individual inquiries about the Reimbursement Program and application process, the WCB created two documents to help ACS Providers prepare their applications: a Cost Catalog and a Replacement List.
The Cost Catalog is a non-exhaustive list of rip-and-replace expenses that are likely reimbursable and includes estimated cost ranges for many of the listed items and services. Line items and averages of the estimated costs from the Catalog will be incorporated into the online application form.
Prepared with industry input, the Cost Catalog details equipment such as access-layer site cabinets, middle-mile microwave antennas, and core server hardware. It also addresses associated services such as site surveys, installation crews, helicopter rental, legal fees for zoning and permitting, FCC filing fees, and disposal costs.
The Cost Catalog previews additional items for which estimating cost ranges was not feasible and for which affected ACS Providers therefore will need to create their own cost estimates, ranging from fairly basic items like wiring to situation-specific expenses such as fuel surcharges applicable to shipping equipment to Hawaii. The FCC corrected a few mistakes in the Cost Catalog in its separate Best Practices for Equipment Disposal, released on September 30, 2021.
The Replacement List, in contrast to the Cost Catalog, is a short summary of types of equipment that ACS Providers might need to remove from their networks, useful as a starting point to guide the planning process.
Filling Out the Form 5600
Completing the Application Request requires careful attention to the form's line-by-line instructions, the Cost Catalog, the WCB's August 3, 2021, guidelines, and the FCC's Third Report and Order (Third R&O) (effective October 22, 2021), plus preparation of significant quantities of supporting documents. Selected notable requirements include the following:
ACS Providers must submit detailed information on the equipment subject to removal and replacement, including the location of every piece of covered equipment and service, the exact equipment or service that is being removed, the replacement equipment or service (including the replacement's country of origin), and costs related to the removal, replacement, and disposal process.
If the applicant will upgrade technology as part of the rip-and-replace process, the applicant must identify whether the upgrade exceeds comparable replacement technology. The WCB will review upgrades using a "costs reasonably incurred" standard, supplemented by analysis of whether the cost, equipment, or service is "reasonably necessary" to meet rip-and-replace program requirements. This means the applicant may be responsible for the difference in cost between a comparable replacement and a chosen upgrade.
The Reimbursement Procedures, the Third R&O, and the FAQs describe some upgrades that are or are not considered "costs reasonably incurred."
For example, replacing older mobile wireless networks with 4G LTE equipment, or 5G-ready service, is allowed, but the applicant will be responsible for any optional equipment.
According to the Third R&O, replacing customers' Huawei and ZTE cell phones with new phones from different manufacturers could be a reimbursable upgrade. However, replacing customers' older, non-Huawei and non-ZTE cell phones will not be a reimbursable upgrade because the FCC has deemed those replacements "not reasonably necessary" under the rip-and-replace program. The FCC expects carriers to treat customer phone upgrades as they would respond in other instances where network upgrades render certain existing customer premises equipment unusable.
If estimated costs are not based on the Cost Catalog, the applicant must submit documentation supporting the costs, certify that the estimates are made in good faith, and justify why the estimate is not based on the Cost Catalog. This process allows, for instance, ACS Providers with equipment in remote areas or subject to significant, foreseeable weather events (like Alaskan winters) to provide estimates that could not be adequately previewed in the Cost Catalog.
Costs associated with breaking prepaid service contracts, managed service contracts, and long-term service contracts (e.g., early termination fees) may be reimbursable if the contracts were entered into prior to June 30, 2020, and the termination is reasonably necessary to accomplish rip-and-replace work. ACS Providers requesting reimbursements for early termination fees will need to include copies of the contracts with their submissions.
However, termination fees for breaking any current contracts with any third party for maintenance or operation of Huawei and ZTE equipment are not reimbursable because those are considered costs associated with maintaining Huawei and ZTE networks, and using Universal Service Funds to pay those contract expenses has been prohibited since June 30, 2020.
ACS Providers may seek reimbursement for Huawei and ZTE equipment acquired before June 30, 2020, that was never deployed. They may also seek reimbursement for equipment and services that they have proactively removed and destroyed dating back to April 17, 2018, as a result of the Secure Networks Act's prohibitions.
ACS Providers will need to address whether rip-and-replace work will involve major service disruptions to subscribers. The FCC's FAQs indicate that if a Recipient sets up temporary or interim facilities to mitigate service disruptions, related costs may be reimbursable.
WCB Review Period
The WCB's Application Request review period will start on the first business day after the close of the Filing Window. At the start of the review period, the Reimbursement Program Fund Administrator will conduct a preliminary review to assess the total reimbursement funds requested and to determine whether applicants are actually eligible and their submissions acceptable.
The WCB will issue a public notice listing the eligible and materially deficient applications, then proceed to process the eligible applications and any cured applications returned during the 15-day Cure Period. Allocation announcements will likely occur early in the second quarter of 2022.
Ownership Changes
Recipients will be required to notify the WCB of any ownership changes, including bankruptcy, occurring after approval of the funding allocation. WCB pre-approval of transactions involving a Recipient's change in ownership is not required.
However, ownership changes may affect both eligibility to participate and disbursement of the remaining allocated funds, so Recipients may need to work closely with the Reimbursement Program Fund Administrator to resolve questions raised by a pending or concluded ownership change.
Effect of Delinquent Debts to Federal or State Governments
Any ACS Provider with delinquent debts to federal or state entities must keep in mind that the U.S. Department of the Treasury's Offset Program (TOP) will apply to Reimbursement Program disbursements. The WCB encourages prospective applicants to resolve federal and state debt obligations before participating; otherwise, all or part of approved disbursement payments may be offset to satisfy such debt.
Applicants ineligible under the Department of the Treasury's Do Not Pay system are ineligible for Reimbursement Program funding allocations; if Do Not Pay ineligibility arises after allocation approval, reimbursement payments will be withheld. While the FCC cannot waive either of those restrictions, the FCC will waive its own "red light rule" and allow ACS Providers that are delinquent on debt owed to the FCC to participate in the Reimbursement Program and receive funding.
Public Availability of Required Filings
Significant portions of the Application Requests and other required filings described above will be made public. Applicants must take care to indicate any information that they consider confidential or otherwise exempt from publication under the Freedom of Information Act (FOIA). The Reimbursement Procedures and the Third R&O discuss in detail what must be published and what can be treated as exempt.
As discussed above and in our prior advisories, any broadband provider who would like to participate in the Reimbursement Program or believes it is subject to rip-and-replace mandates as a recipient of FCC subsidy funds should study the eligibility and implementation requirements carefully. The FCC's many publications relating to implementation of the Secure Networks Act address details too numerous to include in our summaries.
1 Regulatory activities following the Further Notice of Proposed Rulemaking discussed in our February 20, 2020, advisory, plus amendments to the Secure Networks Act in the 2021 CAA, modified the scope of persons subject to mandates and eligible for reimbursement under the Secure Networks Act. Please review our subsequent advisories (here, here, and here) and the underlying FCC publications and contact us with any questions.
2 For purposes of the Secure Networks Act, an affiliate is "a person that (directly or indirectly) owns or controls, is owned or controlled by, or is under common ownership or control with, another person," with ownership constituting "an equity interest (or the equivalent thereof) of more than 10 percent." 47 U.S.C. § 153(2).
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Q: HTML div not appearing I'm new to programming and I'm trying to build a website with various links in the same line. I'm using div so I got them all on the same block. The problem is that when I put all the links on float:left, the background color dissappears, but when I put the last link with float:center it shows the background as I want it.
Can anyone help me? Thanks in advance
This is what I'm using:

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A: There is no such thing as float: center only left, right, none, and inherit.  But the reason the parent container bg color is not showing is because when you float an element it no longer takes up space in its parent.
Either give your parent container a height (and specify pixels or some other unit of measure which you aren't doing now), or as a hack you can give the parent: "overflow: hidden;" css property.
Good luck in your learnings!  Time and passion will get you everwhere!
EDIT:  I highly recommend you get the book CSS Mastery by Andy Budd.  It will teach you this and a lot more.

A: You had not given the unit to width, and height. Make it to px or em or as per what you need and it will work.

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Try this http://jsfiddle.net/sLEYs/
Secondly, there is no such value center for float. http://www.w3schools.com/css/css_float.asp

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Phil Taylor's Law Blog
Current issues in Property Law.
Secretary of State's screening direction invalidated planning permission
The prohibition against granting planning permission for the kind of development which has to be subject to an environmental impact assessment, without consideration of the required environmental information, is contained within Regulation 3(4) of the Town and Country Planning (Environmental Impact Assessment) Regulations 2011 ("The 2011 Regulations"):
"3(4) the relevant planning authority or the Secretary of State or an Inspector shall not grant planning permission or subsequent consent pursuant to an application to which this Regulation applies unless they have first taken the environmental information into consideration, and they shall state in their decision that they have done so."
In the High Court case of Roskilly, R (On the Application Of) v Cornwall Council And Others [2015] the Council had hastily commissioned, and adopted, a screening opinion which had concluded that there were not likely to be significant environmental effects such as to warrant the preparation of an environmental impact assessment. The claimant disagreed and soon after the publication of the officer's report, but prior to the committee meeting, their solicitors wrote to the National Planning Casework Unit urgently requesting a screening direction from the Secretary of State in respect of the proposed development.
The Secretary of State made a screening direction but the planning committee had resolved to grant the planning permission.
The issue was whether Regulation 3(4)'s prohibition of grant of planning permission applies where a development has been negatively screened for an environmental impact assessment requirement by a planning authority, but is susceptible to a screening direction by the Secretary of State at a time when planning permission is granted. Was the planning permission rendered unlawful by the issuing of that positive screening direction after the planning consent had been issued?
The court said the planning permission was rendered unlawful by the subsequent issuing of the Secretary of State's positive screening direction.
The prohibition contained in 2011 Regulation 3(4) is a matter for determination by the court on the basis of the material available at the time when the court comes to consider that question. Also the 2011 Regulations did not suggest that the Secretary of State's jurisdiction to direct that the development is environmental impact assessment development, under 2011 Regulation 4(3), comes to an end on the grant of planning permission. Thirdly the Master Legislation, EU Directive 2011/92/EU, as amended by Directive 2014/52/EU, and the 2011 Regulations, prescribed a process whereby whereby an application to the Secretary of State was to arrive at a definitive determination as to whether or not a project was in truth development required to be subject to an environmental impact assessment and this could not be excluded.
Had it been necessary to do so the court would also have been minded to conclude, on Wednesbury principles, that no reasonable planning authority, knowing that there was an outstanding request of the Secretary of State to make a determination on a screening direction, at the time when they formed a resolution to grant planning permission, would proceed to grant planning permission without knowing the outcome of that screening direction process.
This blog has been posted out of general interest. It does not replace the need to get bespoke legal advice in individual cases.
This entry was posted in Development, Judicial Review, Local Government, Planning Law and tagged Development, Environmental Impact Assessments, Judicial Review, Local Government, Planning, screening directions on December 31, 2015 by admin.
Service charge wording too narrow to cover costs of suing defaulting tenants.
Does the language of a service charge provision in a lease permit the landlord to recover money which it has spent in contesting legal proceedings against the leaseholders of flats in a residential building?
In Arnold v Britton [2015] Lord Neuberger of the Supreme Court said "the court should not "bring within the general words of a service charge clause anything which does not clearly belong there".
In the Upper Tribunal (Lands Chamber) case of Geyfords Ltd v O'Sullivan & Ors [2015] paragraph 6 of the service charge covered:
"All other expenses (if any) incurred by the Lessors or their managing agents in and about the maintenance and proper and convenient management and running of the Development".
The tribunal said "management" may sometimes include obtaining professional advice, including legal advice, and in some circumstances it might involve litigation. E.g. the assistance of the court may be required because the leases of flats are unclear, so the outcome of the proceedings is of concern to both the landlord and to every leaseholder.
It could be said "running" suggests a focus on more day to day or mechanical activities, while "management" is more long term or strategic, but it was neither informative or helpful to dissect the language in that way. It might be said as well that both management and running, when used of a building and its immediate environment, are concerned with the condition of the building and activities there, and that the expression taken as a whole is inappropriate to refer to litigation over the liabilities of tenants to their landlord. Such litigation was concerned with enforcing personal rights and obligations rather than with the physical fabric of the building. The qualifying words "proper and convenient", might also be thought to be words of limitation, suggesting expenditure which is routine rather than exceptional.
Proceedings to enforce the obligation of an individual leaseholder to make a payment to the landlord did not naturally fall within the scope of "management and running".
The parties to a lease were unlikely to think such general words were enough to show an intention that any money lost by the landlord in litigating against tenants should be recharged to all the tenants in the building. In the Court of Appeal case of Sella House Ltd v Mears [1989] Taylor LJ said he would ""require to see a clause in clear and unambiguous terms" before being persuaded the parties had intended that a tenant who paid his rent and service charges would be obliged to subsidise the landlord's costs of proceedings against his fellow tenants who were defaulters".
Accordingly paragraph 6 was less clear than was to be expected if the cost of litigation against defaulting leaseholders had been intended to be recovered as costs and expenses of "proper and convenient management and running of the Development".
This entry was posted in Housing, Residential Tenancies, Service Charges and tagged Housing, Residential Flats, Service Charges on December 19, 2015 by admin.
VAT: residential and non-residential building not zero rated when sold as houses
Section 35, Value Added Tax Act 1994 ("VATA") confers a right on a DIY builder to claim a refund of VAT on goods used and the services of certain contractors used in carrying out a 'residential conversion'.
A 'residential conversion' is defined for the purposes of section 35 in section 35(1D) VATA. 'Works constitute a residential conversion to the extent that they consist in the conversion of a non-residential building or a non-residential part of a building into a building designed as a dwelling or number of dwellings'.
There the words 'to the extent that' introduce the concept of works qualifying as a residential conversion even if what is converted includes a residential part of a building. In such a case Note (10) to Group 5, Schedule 8 (as applied by section 35(4) VATA) provides for an apportionment of the total VAT incurred to ascertain the amount which can be claimed under section 35.
The amount which can be reclaimed will be the amount of VAT attributable to the works carried out in converting the non-residential part of the original building (Note (10)(b) and (iii)).
In the First-tier Tribunal (Tax) case of DM & DD MacPherson v Revenue & Customs [2015], the building had comprised ground floor village shop, office and ancillary storage accommodation with ground and first floor living areas. The appellant property developers had hoped their disposal of the two semi detached houses, which resulted from the conversion, would be zero-rated under item 1(b), Group 5, Schedule 8, of VATA as 'the first grant by a person converting a non-residential building or a non-residential part of a building into a building designed as a dwelling or number of dwellings thereby facilitating a total input tax recovery as opposed to a partial refund of VAT incurred on the building works.
However item 1(b), Group 5, Schedule 8, VATA does not apply when the subject of the conversion is a building which contains one or more residential parts as well as one or more non-residential parts.
When interpreting item 1(b), to see whether a person is converting (or has converted) 'a non-residential building or a non-residential part of a building into a building designed as a dwelling or number of dwellings', one has to examine the conversion actually carried out. In MacPherson the building (taken as a whole) was not a non-residential building within the definition in Note (7) because it was designed for use as a dwelling by virtue of the living accommodation contained within it.
It may be that if one divided up the building it would be found to contain a residential part and a non-residential part, all the same it would be incorrect to describe the conversion works here as the conversion of the non-residential part of the building – the entire property was being converted. So the property developer had not converted a non-residential building or non-residential part of a building and the conversion did not qualify to be zero-rated, because it fell outside item 1(b), as not being 'the simple conversion of a non-residential part of a building but the conversion of that part plus a residential part'.
This entry was posted in Development, Housing, Value Added Tax, VAT and tagged Development, Housing, Value Added Tax, VAT on December 13, 2015 by admin.
Were claimants "persons aggrieved" under Section 288 of the Planning Act?
Under Section 288(1)(b) of the Town and Country Planning Act 1990 ("the 1990 Act") "any person [who] is aggrieved" by a decision on appeal under s.78 of the 1990 Act may make a Section 288 application challenging the decision in court. The leading authority on the meaning of "person aggrieved" under Section 288(1)(b) is the decision of the Supreme Court in Walton v Scottish Ministers [2013].
In Crawford-Brunt & Anor v Secretary of State for Communities & Local Government & Anor [2015] the Claimants said that as owners of properties adjoining the appeal site the Claimants had a sufficient personal interest in the outcome of the appeal. Accordingly they should both be treated as "aggrieved persons" within the meaning of Section 288(1)(b).
Here a planning inspector had allowed an appeal against the refusal by Waverley Borough Council to grant outline planning permission. This was an application pursuant to Section 288 challenging the decision of the inspector.
The Planning Court said the words "person aggrieved" in Section 288(1)(b) must be interpreted in accordance with Walton.
In Walton Lord Reed said:
"That persons will ordinarily be regarded as aggrieved if they made objections or representations as part of the procedure which preceded the decision challenged, and their complaint is that the decision was not properly made……
That there are circumstances in which a person who has not participated in the process may none the less be 'aggrieved': where for example an inadequate description of the development in the application and advertisement could have misled him so that he did not object or take part in the inquiry…
Ordinarily, however, it will be relevant to consider whether the applicant stated his objection at the appropriate stage of the statutory procedure, since that procedure is designed to allow objections to be made and a decision then to be reached within a reasonable time, as intended by Parliament."
The Planning Court held that the Claimants were not "aggrieved persons", as they had not hitherto actively participated in the appeal process.
This entry was posted in Development, Judicial Review, Local Government, Planning Law and tagged Development, Judicial Review, Local Government, Planning on December 12, 2015 by admin.
Can a Landlord recoup defence costs and damages from own breaches?
Can a landlord recoup damages and legal costs arising from it's own breach of covenant through a service charge?
In the Upper Tribunal (Lands Chamber) case of Fairbairn v Etal Court Maintenance Ltd [2015] one of the services the landlord could recharge under the service charge was doing "all other acts and things for the proper management administration and maintenance of the blocks of flats as the Lessor in its sole discretion shall think fit."
The Tribunal said such a general charging provision was, in principle, wide enough to cover the costs of legal advice or even, where appropriate, of litigation.
However a sum paid to meet a successful damages claim for breach of covenant is not expenditure on the proper management and administration of the buildings.
Also, the legal work here was not so much advice on whether repair work was within the landlord's covenant. It was rather defending the landlord's failure of compliance.
In short, the steps required of the landlord resulted from the landlord breaching it's own obligations under the lease.
The landlord's repairing covenant required it to maintain the unlet parts of the buildings, including their foundations and structure, in good and substantial repair and condition.
It was precisely because the proper management and administration of the building had been neglected, for however short, that proceedings were commenced by the tenant. So the damages and legal costs were not recoverable through the service charge.
This entry was posted in Housing, Landlord & Tenant Law, Residential Tenancies, Service Charges and tagged Housing, Landlord and Tenant, Residential Flats, Service Charges on December 7, 2015 by admin.
Failure to serve Pay Less Notice did not prevent final account being challenged for all time
In Paice & Anor v MJ Harding (t/a MJ Harding Contractors) [2015] the contractor argued that:
1. if an employer wishes to pay less than the sum stated in the contractor's account under clause 8.12 of the building contract, which incorporated the JCT Intermediate Form 2011 edition, it must issue a "Pay Less Notice".
2. So the employer could only set aside the adjudicator's decision to award the sum stated in the contractor's clause 8.12 account in subsequent litigation by showing that its Pay Less Notice was validly served in time.
3. So if the employer failed to to serve a valid Pay Less Notice in time, it would deprive the employer of the right to challenge the contractor's account.
The High Court pointed out that this would apply for all time even if the contractor had seriously overvalued his account and that the contractor would thereby obtain a windfall that the employer could never recover.
That would subject interim certificates to a more draconian regime than that which applies to the Final Certificate.
In the case of Final Certificates, if the employer commences adjudication or litigation within 28 days of it being issued, it ceases to be conclusive in respect of the matters raised in the litigation or adjudication (clause 1.9).
The High Court said that what would be due under clause 8.12.5 would be the "… amount properly due in respect of the account".
In this case the adjudicator had not determined what was "properly due".
He had decided that, in the absence of a valid Pay Less Notice, the employer had to pay the amount stated in the contractor's account within 28 days.
The Court of Appeal has now backed the High Court. They said the employer could challenge the valuation arrived at on the contractor's final payment application by applying for a further adjudication even though they had failed to issue a proper payment or Pay Less Notice.
The court said the employer's failure to serve a Pay Less Notice had limited consequences. These were mainly that the employer had to pay the total shown on the contractor's account and dispute the figures later. The employer had paid that amount, as the previous adjudicator had ordered. The employer could now proceed to adjudication in order to ascertain the true value of the contractor's claims and of the employer's counter-claims. So the High Court Judge had got this right.
So whilst the employer must comply with the adjudicator's decision in the meantime by paying the sum ordered, it remains open to the employer to initiate further adjudication or litigation to decide what sum is properly due in respect of the contractor's account.
Clearly the employer will want to avoid this drain on cash flow by serving the Pay Less Notice in time, especially if there are doubts as to the continuing solvency of the contractor when it comes to refunding the over payment.
This case helps in respect of final account payments. Here, a failure to serve a payment or Pay Less Notice will not usually prevent an employer from later challenging the true value of the work through adjudication or court proceedings.
The Court of Appeal has left the position in regard to interim payments less clear.
This entry was posted in Adjudication, Civil Engineering, Construction Law, Development and tagged Adjudication, Civil Engineering, Construction, Development, Engineering Contracts, Infrastructure on December 6, 2015 by admin.
Developments affecting Listed Buildings: challenger bore onus of proof
Section 66(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 ("the Listed Buildings Act") provides as follows:
"In considering whether to grant planning permission for development which affects a listed building or its setting, the local planning authority or, as the case may be, the Secretary of State shall have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses."
In Jones v Mordue & Anor [2015] the Deputy Judge of the High Court interpreted this to mean that there is an onus on a decision-maker positively to demonstrate by the reasons given that considerable weight has been given to the desirability of preserving the setting of the particular listed buildings. Hence, the deputy judge found that failure to comply with the duty in section 66(1) of the Listed Buildings Act was established, because the Inspector had failed positively to show in his reasons that he had referred to and applied that section.
However the Court of Appeal ruled that that inverted the normal burden of proof which the statute placed on the person challenging the decision which was to show that the decision maker had not given the appropriate weight under section 66(1).
In fact there were strong indications that the planning inspector had section 66(1) of the Listed Buildings Act factors in mind and that the section had been complied with.
This entry was posted in Development, Judicial Review, Local Government, Planning Law and tagged Development, Judicial Review, Local Government, Planning on December 5, 2015 by admin.
Insufficient reasons given to forego Environmental Impact Assessment
In developments for which pre planning Environmental Impact Assessments ("EIAs") are not necessarily mandatory, 'Screening' is a procedure used to determine whether a proposed project is likely to have significant effects on the environment such as to require an EIA ("EIA" development").
In England regulation 4 (7) of the Town and Country Planning (Environmental Impact Assessment) Regulations 2011 provides that where a local planning authority adopts a screening opinion:
"…that opinion … shall be accompanied by a written statement giving clearly and precisely the full reasons for that conclusion."
In Wales the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 continue to apply until 16 May 2017. The obligation to give reasons under regulation 4(6) of the 1999 Regulations only applies where the local planning authority adopts a screening opinion to the effect that "the development is EIA development."
So currently in Wales, the Regulations require reasons to be given if the planning authority decides that the proposed development is EIA development, but those Regulations do not require reasons to be given if it is decided that the proposal is not EIA development.
However, whatever the position under UK Law, there is a duty to give reasons for a screening opinion that no EIA is required as a matter of EU law. That results from the decision of the European Court of Justice in (Case C-75/08) R (Mellor) v Secretary of State for Communities and Local Government [2010] which was a decision on Directive 85/337.
In the Court of Appeal Welsh wind farm Case of Jedwell v DH & Anor [2015] planning permission was challenged because the Council's screening opinion gave no apparent consideration to whether an EIA would be required based on the development's cumulative impact with other existing and proposed developments. The Council's screening opinion did not inform the reader as to how the Council reached their screening opinion that no EIA was required.
The court agreed that what the Council said in the screening decision was simply the statement of a conclusion. It contained no reasoning. A reader of the opinion would not ascertain why it had arrived at it. It was inadequately reasoned.
The Council should have demonstrated that it had "actually determined" whether an EIA assessment was needed in accordance with the law.
For that it needed to demonstrate that it had applied its own mind to the relevant questions.
The Council's reliance on the views of consultees was misplaced especially as most of the consulting took place after the screening opinion was adopted.
Did the planning officer consider that there was no cumulative impact?
Did she consider that there was some cumulative impact but that it was unlikely to be significant?
Was a neighbouring proposed scheme considered, or was it ignored or played down on the basis that no application had been made for that scheme yet?
This entry was posted in Development, Infrastructure, Judicial Review, Planning Law, Wind Farms and tagged Development, Infrastructure, Judicial Review, Local Government, Planning on December 5, 2015 by admin.
Tenant not entitled to refund of unused prepayments under lease break clause
A "break clause" in a lease permits the tenant to terminate the lease on a date ("the break date") prior to the last day of the term. In the same clause the landlord may well demand compensation, often in the form of a "break premium", whose payment is made a pre-condition of a "break" under the break clause.
Where the break clause requires a break premium but says nothing about an apportionment of the rent, which the lease requires the tenant to pay in advance, can the court imply a term which requires the landlord to refund that part of the advance payment of rent which relates to the period ("the broken period") after the break date, because by that time the lease would have terminated?
In Marks And Spencer Plc v BNP Paribas Securities Services Trust Company (Jersey) Ltd & Anor [2014] M&S operated the break clause and paid the reverse premium and sued the landlord to recover rent and charges for the broken period.
There was no express term which entitled the tenant to be repaid any sum by way of basic rent, car parking fee, insurance or service charge that the tenant had paid over and above what was attributable to the period prior to the break date.
The issue was whether a term was to be implied into the break clause that the tenant could claim back that proportion of the rent paid on the last quarter day which related to the broken period?
As the rent was reserved "proportionately for any part of year" and the quarterly payments were "installments", the High Court had accepted the tenant's view that that term should be implied.
The Court of Appeal accepted that the words "proportionately for any part of a year" in the rent clause might, at first sight, be read as meaning that there should be an implied term for repayment of the rent for the broken period once the break premium had been paid and termination had taken place.
However, those words were only applicable to a payment of rent for a broken period within the original term of the lease. So they did not apply where on the last quarter day there had been no certainty as to whether termination would take place on the break date.
Worse still the court said a party seeking to establish an implied term must show, not simply, that the term could be a part of the agreement but that a term would be part of the agreement.
The starting point was that, if there was no express term, none should be implied because if the parties had intended that a particular term should apply to their relationship they would have included a term to that effect, rather than left it to implication.
In such a case the usual inference is that nothing is to happen. If the parties had intended something to happen, the document would have said so.
An unexpressed term might be implied if, and only if, the court finds that the parties must have intended that term to form part of their contract. It is not enough for the court to find that such a term would have been adopted by the parties as reasonable men had it been suggested to them. It had to be a term that went without saying, a term necessary to give business efficacy to the contract.
To be implied it had to be a term which, though tacit, formed part of the contract which the parties made for themselves.
However, the fact that an agreement could work without the implied term did not rule it out being an implied term.
That would be to overlook the court's approach to interpretation which was to seek the parties' common aim in entering into the agreement.
A term may also be implied if it was necessary to achieve the parties' objective in entering into the agreement, even if it was not necessary to the workings of the agreement.
It would have been obvious to the parties before they signed up to the lease that there was a possibility that rent would have to be paid on the last quarter day in full for a period which went beyond the break date. They could therefore have made some provision for this case but had not done so.
Furthermore, the presence of other clauses in the break clause dealing with the consequences of termination showed that there must have had some discussions about what was to happen on the exercise of the break clause.
That was not to say that those provisions were inconsistent with there being an implied term. But they did show that the parties could easily have added to clause 8.5 words requiring the lessor to repay any rent (or other charges) paid for the broken period.
When all the circumstances were considered, it was right to infer that the parties proceeded on the basis that the loss from a payment of rent for the broken period should lie where it fell. Thus no term for repayment was to be implied.
M&S appealed to the Supreme Court. However the Supreme Court found there to be a 'clear, general understanding that neither the common law nor statute apportion rent payable in advance on a time basis'.
The Supreme Court could not imply any intention on the part of a landlord and tenant for the tenant to be refunded an apportioned part of the rent paid in advance.
This blog has been posted out of general interest it does not replace the need for bespoke legal advice in individual cases.
This entry was posted in Landlord & Tenant Law and tagged Landlord and Tenant on December 3, 2015 by admin.
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Katy Holloway
katy.holloway@southwales.ac.uk
(01443) 4 83586
Katy was appointed Professor of Criminology at the University of South Wales, in July 2013. Previously, Katy worked as a data analyst in the Institute of Criminology at the University of Cambridge after completing her PhD there in 2000. In 2002, Katy moved to Wales to take up a Research Fellowship at the University of Glamorgan (now the University of South Wales) and in 2008 she became a Reader in Criminology and a permanent member of the Criminology team. During the course of her academic career, Katy's research has focused on illegal drugs. She has conducted studies that have investigated a wide range of drug-related issues including: drug use among arrestees, the causal connection between drug use and crime among prisoners, the effectiveness of drug treatment, the use of Take-Home Naloxone among opiate users, the implementation of the Welsh Substance Misuse Strategy, the characteristics of opiate overdose events, substance misuse among university students, and the misuse and diversion of over-the-counter and prescription medication. More recently, Katy has been involved in research investigating the potential unintended consequences of introducing minimum pricing for alcohol in Wales. She is currently working on a Welsh Government funded evaluation of MPA over a 5-year period and working closely with substance misuse services across Wales on a collaborative project investigating what lessons can be learned from lockdown moving forward into a post-COVID world. The philosophy of harm reduction underpins Katy's research and she is a member of the Welsh Government's National Implementation Board for Drug Poisoning Prevention and Executive Board member of the Dyfodol, IRIS, Gwent and Dyfed Drug and Alcohol Service consortium of substance misuse treatment providers.
Evaluation of Minimum Pricing for Alcohol in Wales
Lessons from Lockdown for Substance Misuse Services
Misuse and Diversion of Prescription Only Medication
Fatal and Non-Fatal Opioid Overdose
Higher Education Alcohol and Drug Survey
Potential Unintended Consequences of Minimum Pricing for Alcohol in Wales
Causal Connection between Drug Use and Crime
New English and Welsh Arrestee Drug Abuse Monitoring Programme


The Lady Eagles 166 wasn't enough as Marshall County shot 155 in the team competition. Marshall County's Hallie Riley was the medalist with a 34. Nicole Taylor lead the Lady Eagles with a one under 35. The Lady Eagles Ellie West 41, Laney Shoulta 42, Neely Shoulta 45, Madison Myers 43, Sarah Lyell 45, Hannah McAdoo 49.
Highlights of the girls match was a birdie on #7 by Nicole Taylor.


text:
Immigration probe nets people smuggler
ONE of the largest ever investigations into immigration crime in the UK has resulted in the conviction of 16 people, including a Chester man.
Stephen Brownson, 51, of Handbridge, was sentenced to three and a half years in prison at Birmingham Crown Court earlier this year.
And on Friday, the investigation came to an end with the conviction of the leader of the gang, Harekrishna Maganbhai Patel.
Brownson was part of a people-smuggling operation taking Indian nationals, who had previously entered the UK illegally, to the USA.
Officers from the National Crime Squad (NCS) arrested him at his house in June last year.
The conspiracy was investigated between May 2003 and June 2004 in a joint operation involving the NCS's Rugby branch, the UK Immigration Service and the US Department of Homeland Security's Immigration and Customs Enforcement.
Mr Brownson, who between 1993 and 2001 worked as a lecturer at West Cheshire College, pleaded guilty to his involvement in nine facilitations of unlawful immigration into America.
Detective Superintendent Adrian Wright said: 'This is one of our largest investigations into immigration crime. We arrested a number of illegal immigrants but we believe the gang may have smuggled hundreds more.'
A gang member was paid up to £1,000 for each person he escorted through American immigration. The illegal immigrants were paying up to £10,000 for successful entry.
Mr Brownson, who was also based in the West Midlands, worked closely with Patel, who had been jailed and deported from the UK in October 2002. He was himself jailed for eight years last Friday.
In October 2001, Mr Brownson was jailed for 20 months for fraudulently taking £60,000 from customers hoping to go to a boxing match.


Court Services Bureau (402) 599-2600 8:00 AM – 4:30 PM M-F excluding government holidays.
Tips made through Omaha Crime Stoppers may make you eligible for a cash reward. You remain anonymous with Omaha Crime Stoppers.
Do NOT turn yourself in at the Douglas County Department of Corrections, 710 So. 17th St.
If you are wanted on an outstanding Omaha Police warrant and wish to turn yourself in, please contact the Omaha Police Warrants Unit at 444-5815 Monday - Friday 8:00 am to 3:00 pm (excluding holidays) or Omaha Police Front Desk at 444-5818, after hours.
Attention: If your warrant is for "Failure to Appear" and is for a ticket that you failed to pay or a missed court date, then please contact the Douglas County Courts at 444-5386 to receive information about resolving your warrant.
If you are wanted on an outstanding Sheriff's warrant and wish to turn yourself in, please contact the Douglas County Sheriff's Office Warrant Division at 402-599-2633 or 402-599-2634 8:00 AM – 4:30 PM Monday through Friday (excluding government holidays) or 911 after the Warrant Division hours.
If you are wanted on an outstanding warrant and wish to turn yourself in, please contact the Warrant Division at 402-599-2633.
You may also inquire if there is a bond and the amount of the bond so you can have the money available when you turn yourself in. Having bond available when you turn yourself in will generally shorten the length of time you are in custody.
NOTE: Cash only – checks and credit cards are not accepted.
The below list is for informational purposes only. Citizens should not attempt to physically apprehend any individual. Contact law enforcement with information including addresses, phone numbers and vehicle description including license number for those persons you know to have active warrants on file.
All warrants must be confirmed for validity by authorized law enforcement personnel and should not be acted upon based only on the website listing.


Treating each trigger point is relatively simple. Treating the whole myofascial pain syndrome so that pain fully goes away is a more complicated process.
Since a trigger point is the contraction mechanism of the muscle (sarcomere) locked into a shortened position, the treatment of the trigger point involves unlocking that contraction mechanism. This can be achieved in several ways.
Cold Laser Therapy, or Low Level Laser Therapy supplies energy in a small, focused area to a trigger point in the form of non-thermal photons. This light is transmitted through tissue, with the light in the 830nm far-infrared wavelength penetrating the deepest, causing an anti-inflammatory as well as an immunostimulant reaction. Doctors have been using this for several years to enhance healing of injuries, and more recently have found this treatment to be highly effective at deactivating trigger points. It is safe, painless, and causes little or no post-treatment soreness.
Manual compression involves applying gentle, direct pressure with the elbow, knuckle, thumb or finger tips to the trigger points causing the pain as well as to other trigger points in adjacent and related muscles. The pressure is held for a few seconds until the trigger point releases and the muscle softens. Sometimes a tool, such as an Index Nobber, can be used instead.
Spray-and-stretch technique is the method which uses a fine jet of vapo-coolant spray. The cold spray evaporates the instant it contacts skin, too fast to chill the muscle, but distracting the nerve from pain. Absent of the spasm-inducing pain sensation, the muscle is able stretch more easily, helping to release the trigger point and breaking the pain-spasm-pain cycle.
Each of these methods is followed by gentle, passive stretch, further reducing or eliminating pain, and fostering restoration of full function.
Assess the ergonomics of your work station and other regular activities.
Teach you how to choose an appropriate exercise/movement program and help you to incorporate it into your life.
Teach you to do self-treatment on your trigger points.
Your therapist will show you exercises to safely and effectively stretch specific muscles for maximum efficiency of recovery, and prescribe a home rehabilitation program. If followed, you can expect steady improvement and also find you have a powerful tool for your own pain management!
Goals are set cooperatively with you at the initial session and are periodically reassessed. Your input, insight and creativity are highly encouraged.
Many patients experience relief from pain during the first treatment. For others several treatments are needed before their pain starts to diminish. It is common for patients to experience some soreness for one to two days after manual therapy, but not usually after cold laser treatment. Any soreness usually resolves after the first few treatments. You may experience fatigue as chronically tensed musculature is allowed to relax and return to a normal tone; however some patients experience an increase in energy. As the work-load of the musculature shifts and returns to a normal balance, pain patterns may change. This is a temporary and normal stage of recovery from chronic pain. It is not uncommon for people to experience relief from symptoms they were not seeking treatment for, such as chronic hand and forearm pain clearing up after being treated for a stiff neck. Returning to normal activities without pain is most often accelerated by adherence to the self-care program given to you by your therapist. Minimizing stress, pacing your activities and avoidance of overexertion (as well as focusing on what you can do instead of your limitations) are of prime importance. Good communication, patience and a positive attitude are essential.


I don't know about you Fireside Faithful, but this may mark the beginning of the end of the Arrowverse! Enough time has passed to talk in depth about the Elseworlds crossover event from Arrow, Flash, and Supergirl. Join Mendte, Maurer, and Baby Huey as they talk about all three episodes, their takeaways, Batwoman, and what this means for the future of the CW DC staples. It's not necessarily a crisis, but it's going to be. Welcome to Fireside!


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Arnold Palmer Invitational R4 preview: Viktor Hovland and Rory McIlroy fade on a brutal Saturday
Bryson DeChambeau
Matt Cooper
Talor Gooch and Billy Horschel lead after a gruelling third round at Bay Hill.
Published: Mar 06, 2022
2022-03-06 Arnold Palmer Invitational R4 preview: Viktor Hovland and Rory McIlroy fade on a brutal Saturday
Arduous, demanding, punishing, tiring, exhausting - Saturday at the Arnold Palmer Invitational was like a golfing head-first plunge into the thesaurus.
The greens were hard and fast, the wind was blustery and ever-changing, the leaders were fraught and frazzled, the early starters who bested par ended the day contenders.
Chris Kirk opened the day T37th and carded a 68 that vaulted him into a tied for sixth, Scottie Scheffler confounded the conditions to land every green in regulation, card a 68 of his own, and leap from T20th to solo fourth.
Rory McIlroy and Tyrrell Hatton travelled in the opposite direction. The former's 76 tied his worst score at Bay Hill and saw him drop from tied second to tied sixth, the latter's 78 leaves him T12th having started the round alongside McIlroy.
Australia's Matt Jones was so bamboozled by the conditions he flung his putter into a lake in an astonishing display of sour temper.
— Sky Sports Golf (@SkySportsGolf) March 5, 2022
The pre-round leader Viktor Hovland opened with a pair of bogeys, recovered to make the turn in 1-under, but dropped four shots on the way home and is now solo third on 6-under 210.
On this gruelling day two men passed the Norwegian and they shared a similarity of approach - not only to the concrete-like greens, but also to the fearsome nature of the test.
Billy Horschel carded a 71 to total 7-under 209 and explained: "Fooch (his caddie) and I, were talking about (strategy) going to the 1st tee.
"We had to be smart out there, commit to the shot we're trying to hit, and then at the end of all that, we had to accept whatever the turnout is and move on to the next shot. We did a really good job of that out there."
And what did he think of the examination? "This is awesome golf," he said. "It's testing and it wears you down, but this is the golf that, I can't even say we all enjoy it all the time, but we do enjoy because it does fairly rewards good golf shots on a regular basis. It rewards people who think their way through a shot."
Gooch was one clear of Horschel until he dropped a shot at the 18th, but he was singing from the same hymn sheet as his co-leader.
"It was a grind out there," he said. "The place was playing super, super difficult. The wind was whipping, and it was changing directions. When you have to be as precise as you have to be on this golf course, the little wind changes make a huge difference.
"I kind of think we don't get this enough on the PGA Tour. I think that's part of why we like it when we do get it. It's nice to not have a week that is a birdie fest."
McIlroy on his 76
"It's so tough out there," he said. "It's so tricky. It's just on a knife-edge, like you're literally talking like two feet here, two feet there from 200 yards can make a huge difference in where the ball ends up.
"I don't want to say anything that I'm going to regret. It's just hard. It's hard not to get frustrated."
— Justin Ray (@JustinRayGolf) March 5, 2022
He retains hope, however. "A lot of guys are in this," he said. "It's typically what you see whenever a setup is like this. A guy that tees off at 10 in the morning shoots a decent score, and all of a sudden he's within two of the lead going in."
Bay Hill trends (and conditions)
Remember Francesco Molinari winning this event in 2019? He was T17th at the start of the final round and thrashed a brilliant 64 to win. And who does that matter? Because he is the only API winner since 1997 to emerge from outside the top three with 18 holes to play.
The Italian was five shots back that day, a margin Tiger Woods overhauled in 2009. Matt Every and Chad Campbell have come back from four adrift, but no other winner in the last 26 years has been further than three blows back of the lead.
That obviously bodes well for the current top five and very well for the top three. The threat to this trend always comes from the conditions: those hard, fast greens getting harder and faster due to blustery wind that also adds to the difficulty of judging approaches.
The current forecast suggests it will be blustery, but not massively so (around 15mph).
. 🍿
(Presented by @ROLEX) pic.twitter.com/xH4lGA8fOM
— PGA TOUR (@PGATOUR) March 5, 2022
Billy Horschel - co-leading on 7-under
He's 2-for-3 at converting a 54 hole lead and has a solid Bay Hill record of 8-for-9, but he is also looking to land a first top 10 at the course.
The winner at Wentworth last year, on a course he has loved since he was a kid, this opportunity also promises to inspire him.
"It would be very special to win here," he said. "I grew up an hour from here, came here as a kid, caddied in the Pro-Am multiple times. A lot of family and friend support around here. Then you add on Arnold Palmer's name to it.
"But I've got to do a really good job of controlling my emotions and not getting ahead of myself. Really the goal is to enjoy the process tomorrow. When I do that, I seem to handle the situation very well."
Talor Gooch - co-leading on 7-under
He is also very solid at Bay Hill (3-for-3) and also looking for a first top 10. He's 1-for-1 at converting from a third round lead, but was three clear that first time.
He's expecting more of the same on Sunday. "If you're under-par going into tomorrow, you've got a chance," he argued.
"Anything can happen. It's easy for the guys that are in the lead or near the lead to shoot five or six-over. Really easy to go do that. This course will expose you really quick.
"I don't know how many guys are under-par, but if you are, I think you've got a chance tomorrow."
gets him within 1 of the lead. pic.twitter.com/Y0q2lij8YY
Viktor Hovland - solo second on 6-under
The good news: the Norwegian likes wind, he's not afraid of a challenge and he's seeking a fourth win in just eight starts. The bad news: with so many greens being missed his wonky short game is increasingly under the microscope and he knows it.
"I think now it's maybe on the border where everything kind of becomes a scrambling competition and, as I've said before, that's not really the strength of my game," he admitted.
"But what I think is cool at least is I'm able to be in contention in tournaments played under conditions that don't really play into my hands."
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02Real Madrid's next star striker Alvaro Rodriguez shines with hat-trick
05FA Cup: Derby County boss Paul Warne underlines 'phenomenal' gulf ahead of West Ham tie


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British Herpetological Society
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Instructions to Authors - The Herpetological Journal
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Category - The Herpetological Journal - - Volume 27, Number 1, January 2017 - - Volume 26, Number 4, October 2016 - - Volume 26, Number 3, July 2016 - - Volume 26, Number 2, April 2016 - - Volume 26, Number 1, January 2016 - - Volume 25, Number 4, October 2015 - - Volume 25, Number 3, July 2015 - - Volume 25, Number 2, April 2015 - - Volume 25, Number 1, January 2015 - - Volume 24, Number 4, October 2014 - - Volume 24, Number 3, July 2014 - - Volume 24, Number 2, April 2014 - - Volume 24, Number 1, January 2014 - - Volume 23, Number 4, October 2013 - - Volume 23, Number 3, July 2013 - - Volume 23, Number 2, April 2013 - - Volume 23, Number 1, January 2013 - - Volume 22, Number 4, October 2012 - - Volume 22, Number 2, April 2012 - - Volume 22, Number 3, July 2012 - - Volume 22, Number 1, January 2012 - - Volume 21, Number 4, October 2011 - - Volume 21, Number 3, July 2011 - - Volume 21, Number 2, April 2011 - - Volume 21, Number 1, January 2011 - - Volume 20, Number 4, October 2010 - - Volume 20, Number 3, July 2010 - - Volume 20, Number 2, April 2010 - - Volume 20, Number 1, January 2010 - - Volume 19, Number 4, October 2009 - - Volume 19, Number 3, July 2009 - - Volume 19, Number 2, April 2009 - - Volume 19, Number 1, January 2009 - - Volume 18, Number 4, October 2008 - - Volume 18, Number 3, July 2008 - - Volume 18, Number 2, April 2008 - - Volume 18, Number 1, January 2008 - - Volume 17, Number 4, October 2007 - - Volume 17, Number 3, July 2007 - - Volume 17, Number 2, April 2007 - - Volume 17, Number 1, January 2007 - - Volume 16, Number 4, October 2006 - - Volume 16, Number 3, July 2006 - - Volume 16, Number 2, April 2006 - - Volume 16, Number 1, January 2006 - - Volume 15, Number 4, October 2005 - - Volume 15, Number 3, July 2005 - - Volume 15, Number 2, April 2005 - - Volume 15, Number 1, January 2005 - - Electronic appendices - - Volume 27, Number 2, April 2017 - - Volume 27, Number 3, July 2017 - - Volume 27, Number 4, October 2017 - - Volume 28, Number 1, January 2018 - - Volume 1, Number 01, December 1985 - - Volume 1, Number 02, June 1986 - - Volume 1, Number 03, December 1986 - - Volume 1, Number 04, June 1987 - - Volume 1, Number 05, December 1987 - - Volume 1, Number 06, June 1988 - - Volume 1, Number 07, December 1988 - - Volume 1, Number 08, June 1989 - - Volume 1, Number 09, December 1989 - - Volume 1, Number 10, June 1990 - - Volume 1, Number 11, December 1990 - - Volume 1, Number 12, June 1991 - - Volume 2, Number 1, January 1992 - - Volume 2, Number 2, April 1992 - - Volume 2, Number 3, July 1992 - - Volume 2, Number 4, October 1992 - - Volume 3, Number 1, January 1993 - - Volume 3, Number 2, April 1993 - - Volume 3, Number 3, July 1993 - - Volume 3, Number 4, October 1993 - - Volume 4, Number 1, January 1994 - - Volume 4, Number 2, April 1994 - - Volume 4, Number 3, July 1994 - - Volume 4, Number, 4 October 1994 - - Volume 5, Number 1, January 1995 - - Volume 5, Number 2, April 1995 - - Volume 5, Number 3, July 1995 - - Volume 5, Number 4, October 1995 - - Volume 6, Number 1, January 1996 - - Volume 6, Number 2, April 1996 - - Volume 6, Number 3, July 1996 - - Volume 6, Number 4, October 1996 - - Volume 7, Number 1, January 1997 - - Volume 7, Number 2, April 1997 - - Volume 7, Number 3, July 1997 - - Volume 7, Number 4, October 1997 - - Volume 8, Number 1, January 1998 - - Volume 8, Number 2, April 1998 - - Volume 8, Number 3, July 1998 - - Volume 8, Number 4, October 1998 - - Volume 9, Number 1, January 1999 - - Volume 9, Number 2, April 1999 - - Volume 9, Number 3, July 1999 - - Volume 9, Number 4, October 1999 - - Volume 10, Number 1, January 2000 - - Volume 10, Number 2, April 2000 - - Volume 10, Number 3, July 2000 - - Volume 10, Number 4, October 2000 - - Volume 11, Number 1, January 2001 - - Volume 11, Number 2, April 2001 - - Volume 11, Number 3, July 2001 - - Volume 11, Number 4, October 2001 - - Volume 12, Number 1, January 2002 - - Volume 12, Number 2, April 2002 - - Volume 12, Number 3, July 2002 - - Volume 12, Number 4, October 2002 - - Volume 13, Number 1, January 2003 - - Volume 13, Number 2, April 2003 - - Volume 13, Number 3, July 2003 - - Volume 13, Number 4, October 2003 - - Volume 14, Number 1, January 2004 - - Volume 14, Number 2, April 2004 - - Volume 14, Number 3, July 2004 - - Volume 14, Number 4, October 2004 - - Volume 28, Number 2, April 2018 - - Volume 28, Number 3, July 2018 - - Volume 28, Number 4, October 2018 - - Volume 29, Number 1, January 2019 - - Volume 29, Number 2, April 2019 - - Volume 29, Number 3, July 2019
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pdf 01. Habitat selection of Lacerta vivipara in a lowland environment
pp.207-210
Authors: H. Strijbosch
Abstract: The habitat selection of Lacerra vivipara was studied in an area of inland dunes by comparing the relative occurrence of individuals with the relative presence of a number of potential habitats. Habitats with a strong spatial heterogeneity were clearly preferred, no matter whether they were humid or dry. The microhabitat of this lizard was always there where good possibilities for thermoregulatory behaviour were present within a very limited area. No differences in habitat selection were found for the age classes and sexes.
pdf 02. Brooding in the Malayan pit viper, Caloselasma rhodostoma temperature, relative humidity, and defensive behaviour
Authors: Daniel S. York And Gordon M. Burghardt
Abstract: A female Malayan pit viper ( Calloselasma rhodostoma) laid a clutch of 27 eggs and remained coiled atop them until hatching. Possible functions of brooding were evaluated; these include regulation of temperature, regulation of moisture, and protection. The brooding female was not found to regulate the clutch's temperature but was found to vary t he degree of egg exposure in accordance with fluctuations in the level of relative humidity. Body-jerking movements could be elicited in the female while she was brooding but not while she was off the nest. Body-jerking was elicited by prodding with an inanimate object as well as from a conspecific, and it is felt that this behaviour could function to ward off a potential predator.
pdf 03. Herpetofauna of the late Devensianearly Flandrian Cow Cave site, Chudleigh, Devon
Authors: J. Alan Holman .
Abstract: The late Devensian/early Flandrian Cow Cave Site, Chudleigh, Devon, yielded a herpetofauna consisting of Bufo bufo, Bufo calamita. Rana temporaria, Anguis fragilis, and Vipera berus. This is a depauperate 'Rana-Bufo' fossil assemblage with Rana comprising 20 per cent and Buja 77 per cent of the fauna. The endangered species Bufo calamira is reported for the first time as a fossil from Devon and for the second time only as a British fossil.
pdf 04. Data on age and longevity in Gallotia galloti (Sauria, Lacertidae) assessed by skeletochronology
Authors: J. Castanet And M. Baez
Abstract: Femurs of 73 Gallotia galloti caught in different localities and belonging to two subspecies living in Tenerife (Canary Islands) were analysed by skeletochronology. The bones possessed annual rings like in many other lizards. For a high percentage of individuals, a remnant of the embryonic bone and a birth line of arrested growth remained present throughout life because cortical resorption never completely removed the first annual rings. Thus the age of an individual can be directly calculated from the number of lines of arrested growth. In the sample studied here, the oldest lizards were at least 8 or 9 years old. They reached sexual maturity during their second or third year of life.
pdf 05. Diel patterns of activity and vertical migration in tadpoles of the common toad, Bufo bufo
Authors: R . A . Griffiths, J . M. Getliff And V. J. Mylotte
Abstract: The dieI pattern of activity and vertical migration of common toad tadpoles, Bufo bufo, was studied at Llysdinam pond in mid-Wales in 1985 and 1986. Toad tadpoles were predominantly day-active with peaks mainly occurring between 1 400 h and 2000 h. The diel activity pattern corresponded with daily cycles of illumination and temperature, but no consistent relationship with the activity of predatory dytiscid beetles was observed. Differences between 1 985 and 1 986 in the pattern of vertical migration within the water column could be related to the distribution of submerged plants in the pond. In both years, however, tadpoles occurred mainly in the middle of the water column during the day.
pdf 06. Cryosurgery in the treatment of skin disorders in reptiles
Authors: J. S. Baxter And R. Meek
Abstract: Cryosurgery has been used for the treatment of skin disorders in two lizards and a chelonian. The results of this and a previous application (Green et al. , 1977) indicate that cryotherapy may be a valuable surgical tool for use in reptilian veterinary science.
pdf 07. Eggshell structure of lizards of two sub families of the Gekkonidae
Authors: D. C. Deeming
Abstract: The aim of this study was to describe and compare shell structure of parchment-shelled and rigid-shelled eggs of gekkonid lizards. Scanning electron microscopy was used to describe eggshells of two,species of gecko of the Eublepharinae and four species of Gekkoninae. Eggshell from a lacertid lizard was also described . The crystalline nature of calcium carbonate deposits on eggshells was studied; an aragonitic chelonian eggshell was used as a control. Eublepharine eggshells consist mainly of a fibrous membrane with an external layer of calcite. They resembled lacertid and other lizard shells described previously. Gekkonine eggshells have thin, fibrous shell membranes overlain by a relatively thick layer of calcite and resemble other hard-shelled gecko eggs reported elsewhere. A layer of fibres in a matrix coats the external surface of the calcite layer of gekkonine shells. Shell structure is considered important in determining water loss from gecko eggs, nest local ion and embryonic development. A more detailed examination of the reproductive biology of gekkonid eggs could help in assessing the role of the shell in reptilian development.
pdf 08. An identification key to the amphibians and reptiles of the Chilka Lake, India
Authors: T. S. N. Murthy
Abstract: A key to the identification of twenty species of amphibians and reptiles recently recorded from the waters, the islands and the hills of the Chilka Lake, India is presented.
pdf 09. Intraspecific variation in the colubrid snake genus Macroprotodon
Authors: E. Wade
Abstract: The current status of the forms of Mocroprotodon is summarised. Among the characters that were investigated the head patterns showed differences that were surprisingly consistent. The two recognised taxa, Mocroprotodon cucullotus cucullotus and Mocroprotodon cucullotus brevis, are reappraised and the existence of a third, Mocroprotodon cucullotus mouritonicus is confirmed. An attempt has been made to determine the affinities of the isolated populations and a brief resume of the habits together with some personal observations is presented.
pdf 10. On the type locality of Chthonerpeton Corrugatum Taylor (Amphibia Gymnophiona)
Authors: Mark Wilkinson And Ronald A. Nussbaum
pdf 11. Allometry in Testudo sulcata a reappraisal
Authors: R. Meek And R. A. Avery
pdf 12. Captive reproduction of Kemp's Ridley Lepidocheys kempi
Authors: James R. Wood And Fern E. Wood
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AHH / BHS / IHS 2019 Conference success
Herpetological Journal article gets national press coverage!
Joint AHH / BHS / IHS Conference - bookings now open!
Saving toads in Lewes using BHS amphibian ladders !
2019 Joint BHS / Thames and Chilterns Herpetological Group Meeting
The Reptiles and Amphibians of Dorset	(£9.99)
The Crested Newt, A Dwindling Pond Dweller	(£20.00)
The BHS Amphibian Gully Pot Ladder
A large number of Bengal monitors have been rescued from a fish market in India, highlighting that they can often t… https://t.co/MTwCOm4wMk
Many people often get worried when they find snakes in their gardens, they are however a good sign! #Herpetology… https://t.co/D4ET2m1T6L
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Successes and Setbacks in the "Long War"
Did You Lie to Your Kids at Christmas?
What's Wrong with the Caucasion Club?
David Huntwork is a blogger and columnist.
He is a sometimes philosopher, ideologue, seer and sage and always a tireless defender of the middle class, common sense and the American way of life. The son, grandson, and great-grandson of Ministers of the Gospel he brings a unique blended background of theology and ideology to the great debates of the day. He believes that Faith, Family, and Freedom is the formula for success and the key to a good life and a healthy nation.
David's political experience includes serving two terms as a Larimer County Republican executive board member, campaign manager for a state senate race, treasurer for a county commissioner race, board member for the Northern Colorado chapter of the Colorado Conservative Union, Life Chain Coordinator, Vice-Chairman of the College Republicans of Colorado, twice elected Chairman of the CSU College Republicans, petition carrier, delegate to Republican county and state assemblies, precinct committeeman, and volunteer on numerous local, state and national campaigns. David is also a graduate of the Morton Blackwell Leadership Institute.
David's articles have been featured on multiple radio programs. Most recently his column The Coming Fascist State was read on The G. Gordon Liddy Show.
How Credible is the US Media?
This site serves as the author's archives. Older favorites are featured on the left side of this site.
A more complete listing of past columns and postings can be viewed here.
"I'd rather stand alone on the side of truth than with the crowd on the side of lies and falsehoods."
"Am I therefore become your enemy because I tell you the truth?
"At such a time in history, we who are free must proclaim anew our faith. This faith is the abiding creed of our fathers. It is our faith in the deathless dignity of man, governed by eternal moral and natural laws. This faith defines our full view of life. It establishes, beyond debate, those gifts of the Creator that are man's inalienable rights, and that make all men equal in His sight. "
"And if we elect a government that subverts or weakens or ends our war against terrorism, we can count on this: We will soon face enemies that will make 9/11 look like stubbing our toe, and they will attack us with the confidence and determination that come from knowing that we don't have the will to sustain a war all the way to the end."
"In response to skyrocketing gas prices, liberals say, practically in unison, 'We can't drill our way out of this crisis."' What does that mean? This is like telling a starving man, 'You can't eat your way out of being hungry!' 'You can't water your way out of drought!' 'You can't sleep your way out of tiredness!' 'You can't drink yourself out of dehydration!' Seriously, what does it mean? Finding more oil isn't going to increase the supply of oil? It is the typical Democratic strategy to babble meaningless slogans, as if they have a plan. Their plan is: the permanent twilight of the human race. "


text:
Reciprocity Diplomacy: Analysing the Place of Citizens in Nigeria-South Africa Relations, 1999 to 2015
Posted by 4myresearch
RESEARCH PROPOSAL Chapter One: Introduction The recent outbreaks of civil wars and conflicts in Niger (2007), Guinea Bissau (2008-2009), Côte d'Ivoire (2011), Sudan (2009-2014), etc., have received little or no pro-active peace support operations from Nigeria. This is in sharp contrast to the past active engagement of Nigeria in the sub-region. The aggressive articulation of African-centeredness in Nigeria's foreign policy under General Murtala Mohammed (1975-1976) made the colonial and apartheid regimes in South Africa to reduce or stop their activities. At a point, Murtala challenged the United States of America and South Africa when they planned to install a puppet regime in Angola (Nigerian Army, 2011). General Obasanjo equally employed cultural diplomacy to assert the supremacy of Nigeria in the region by hosting high level international conferences like the World Black and African Festival of Arts and Culture (FESTAC 77'), the World Conference for Action against Apartheid and ECOWAS Heads of State Summit, etc. The government also applied militancy in its foreign policy by 'nationalizing' British assets in Nigeria such as the British Petroleum in retaliation to Britain's decision to sell crude oil to South Africa. This action, coupled with leading other African countries to boycott the 1978 Montreal Olympics forced the British government under Thatcher to reverse its proposed recognition of and support for the minority racist government in Zimbabwe (Obioma ,1986). Despite the efforts of the Nigerian people to pursue African agenda in its foreign policy, the country has witnessed series of bitterness from its African neighbours. In South Africa, it is perceived that Nigerian migrants are the most uncooperative community in South Africa. There is a general perception that Nigerians are involved in illegal activities such as drug dealing, human trafficking and money laundering. In addition they are accused of being involved in criminal syndicates such as cell phone and car theft, duplicating credit cards and money laundering. It is also difficult to police and monitor their businesses because they threaten the weak police with fire arms. Nigerians are also known for bribing corrupt police and lawyers to clear their names or making their criminal dockets disappear (Chidozie, 2014). In March 2012, South Africa sent about 125 Nigerians away and claimed that they were in possession of fake yellow fever vaccine cards. Nigeria, in retaliation, turned away 131 South Africans. It must be noted however that the origin of this goes beyond vaccination. South Africans see Nigerians
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Updated: May 3, 2016 at 11:43 pm
Tags: citizen diplomacy, diaspora, Jacob zuma, Jonathan administration, migration, Nigeria and South Africa, obasanjo, project research, Project topics in International Relations, reciprocity diplomacy, yaradua
◀ An Assessment of the Relationship between the African Union, United Nations and the International Criminal Court in Peacemaking in Sudan
SINO-NIGERIA RELATIONS, 1999-2015 ▶


BBC Strictly Come Dancing two-time finalist and Guinness World Record holder Giovanni Pernice brings his show Born To Win to Worthing's Pavilion Theatre on July 7 at 7.30pm (worthingtheatres.co.uk or 01903 206206).
Spokeswoman Lizzie Irving said: "Giovanni, who has made the final of Strictly Come Dancing twice – with Georgia May Foote in 2015, and most recently with Debbie McGee in 2017 – is hoping that this year is his time to lift the coveted glitter ball trophy. As the title of his new tour suggests, he was Born To Win!


Aurora was engaged by FLUX/Hawaiian to complete the construction management services for FLUX level 6 and 7 at Parmelia House, 191 St Georges Tce.
Aurora's early engagement on the project, working with the Designer IA Design, provided surety to the client on design and budget across the floors.
Over the 12 weeks programme the floors were completed in two stages, providing FLUX with client ready spaces within the first 8 weeks.
Joinery, Partitions, Mechanical, Electrical, Security and AV.
Understanding the end users vision and desired outcome with full disclosure on budgets and time-lines enabled Aurora to provide positive direction and drive the project to meet the project deliverables.
Early engagement, allowed us to propose alternative solutions that were relevant to the project and insured that potential issues were mitigated prior to construction starting.
Our success in providing construction management services resulted in the project being significantly under budget from the original QS estimates. This was achieved through collaboration and trust between FLUX and Aurora. We found smart cost effective solutions while maintaining the aesthetic outcomes and design intent.


Yesterday I took my three youngest shopping for outfits for Seder night.
When I entered the store, I was already feeling light-headed, in that hungry-thirsty-nursing-mother-on-a-hot-day kind of way.
And then my baby got really thirsty from the heat, and started screaming. So I nursed him in the dressing room.
And then the cashier tried to charge my credit card FOUR times over the course of twenty whole minutes, before it finally worked.
During the eternity when the cashier was trying my card again and again, my 2-year-old, Yaakov, found exactly the outfit he wanted to buy for Seder night. Not the blue pants and white polo shirt I had chosen out for him. But rather, a pink Hello Kitty nightgown which was on sale for the low, low price of 20 shekels.
Yaakov pulled the nightgown over his head (with the help of his giggling 4-year-old sister) and refused every single one of my repeated attempts to get him to part with it.
When I finally had my receipt in hand, I was so exhausted, so hungry, so head-spinny that I wanted to cry. To scream. To yell at my 2-year-old who is equal parts adorable and stubborn rascal.
But, instead, I took a deep breath and laughed instead.
Mazal Tov to Author of "My 3 Kids and 6 Miscarriages"
yes he will laugh and so will you !
these are the greatest memories!!
You did good, Chana Jenny! You did good. One day I asked my teenage son to open a large can of tomato sauce. I don't know how it happened, but it slipped – and tomato sauce spun all over the kitchen. Seeing it splashed on the white ceiling, and all over the white counters, I looked at him and simply said, "Go take a shower." I regret that to this day. I should have laughed . . and called out, "Someone get my camera!" You did good.
At least it wan't blood splattered everywhere!
You describe that light headed feeling so well! I get that every time I go clothes shopping. I must be allergic to it. I give you mom of the year award for being able to laugh when you wanted to scream. A great lesson as we go into Pesach!!


text:
Desert Queens? British Women Explorers from Hester Stanhope to Gertrude Bell
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Notorious eccentrics, esteemed researchers, loose-cannon diplomats: this podcast looks at the histories of the British women who were travelers and archaeologists in the Middle East and India in the early twentieth century. As women, their accomplishments were often assessed by British audiences in terms of respectability. As British women, however, they often reinforced imperial control and imperial ideas.
Podcaster: Lucy
Gertrude Bell Archive, Newcastle University.
Jane Fletcher Geniesse, Passionate Nomad: The Life of Freya Stark. Random House, (1999).
Peter H. Hansen, "Stark, Dame Freya Madeline (1893?–1993)," Oxford Dictionary of National Biography, Oxford University Press, (2004; online edn, May 2009).
Peter Hulme, Writing, Travel, and Empire: In the Margins of Anthropology, I.B. Tauris, (2007).
Norman N. Lewis, "Stanhope, Lady Hester Lucy (1776–1839)," Oxford Dictionary of National Biography, Oxford University Press, (2004; online edn, Jan 2008).
James Marshall-Cornwall, S. Copgil, and Thomas White. "Alexander's Minor Campaigns in Turkey: Discussion." The Geographical Journal, 122 (1956): 304-05.
The Life and Letters of Lady Hester Stanhope.
Dorothy Van Ess, "Review: Gertrude Bell. From Her Personal Papers, 1914-1926", Middle East Journal, 16 (1962): 93-94.
Music: "Evening Melodrama" by Kevin Macleod (www.incompetech.com)
Revolutionary France
British Royals
Doggy History
Running in History
Medieval Conspiracy Theories
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