Illinois' 'fracking' future fractured

Thousands of landowners downstate have sold their rights to drill for oil and natural gas for upfront fees ranging from $50 to $350 per acre, plus a cut of the profits.

Others are fighting to prevent the drilling out of fear that they could be exposed to drinking water contamination, earthquakes, toxic gases and industrialization.

In the middle of this battle are Illinois legislators who have yet to pass laws to deal with horizontal hydraulic fracturing, better known as fracking. The issue is expected to be taken up again this year.

Horizontal hydraulic fracturing has opened up vast reserves of natural gas deposits in the U.S. that until now were impossible to tap. The drilling technique uses pressurized sand, water and chemicals to crack open layers of rock that trap such fuels hundreds or thousands of feet below ground.

The stampede to unleash such fuels has been compared to the Gold Rush of the 1840s. And in addition to the money being made by landowners in selling drilling rights, the fracking rush has brought jobs to other parts of the country.

"Other states have found the way to find the sweet spot to protect the environment and bring jobs; we should not miss that boat," said Tom Wolf, executive director of the Energy Council at the Illinois Chamber of Commerce.

For people desperate for jobs, a shale gas boom downstate can't come soon enough. Many counties are dealing with unemployment rates that top 10 percent.

Proponents of fracking hope to inject new life into areas of the state where a once-vibrant coal industry has declined precipitously. At the same time, there's a fear drilling will never begin unless the companies that want to extract the gas know what regulatory risks they face.

"If legislation doesn't pass at some point this year, from the state's perspective the risk is that the industry might invest elsewhere in other states that have more favorable conditions to invest in and develop these sorts of wells," said Leonard Kurfirst, a partner at Edwards Wildman Palmer LLP in Chicago who practices environmental law, chemical product liability litigation and regulatory compliance.

The state has laws to deal with gas and oil wells, but those regulations date to 1983 — before modern horizontal drilling techniques were used.

Without meaningful regulation, some landowners are learning that their property rights don't necessarily extend to what's buried beneath the surface. Some have found that their mineral rights were sold years before or that if enough neighbors give permission to drill, they can be forced to join them. Others, who want to test their drinking water for the presence of fracking chemicals, are learning they could be denied access to such information if companies claim it's proprietary.

Commonly referred to as the New Albany shale play, the gas lies in the Illinois basin, a 60,000-square-mile area that encompasses parts of Illinois, Indiana and Kentucky. The U.S. Energy Information Administration estimates New Albany holds 11 trillion cubic feet of shale gas, approximately enough to meet the needs of about 5 million households for 30 years, according to the American Gas Association.

Hydraulic fracturing has been around for more than 60 years, but the modern methods that have led to the shale gas boom were not used until the turn of this century. Unlike vertical wells of the past, modern horizontal wells vastly multiply the exploitable area of a well and involve more chemicals and water.

According to the Colorado Oil and Gas Conservation Commission, about 250,000 gallons might be used to frack a vertical well compared with as much as 5 million gallons to frack a horizontal well.

Southern Illinoisans Against Fracturing Our Environment (SAFE) is one of several organizations and environmental groups that want a moratorium on fracking in Illinois until a task force looks into the risks associated with hydraulic fracturing and recommends what kinds of regulations need to be in place.

The Illinois Chamber of Commerce is among those opposed to SAFE's proposal, which is similar to what New York state adopted with a four-year-old moratorium that has stalled natural gas development efforts.

"There is no energy source that is perfect for the environment or the economy. If there was, we would be using it," Wolf said.

Without regulations in place, a tacit moratorium already exists, Wolf said, explaining that drillers won't go forward with wells only to learn later that they face environmental regulations, new taxes or other unexpected hurdles.

The chamber released a study last month from David Loomis, a professor of economics at Illinois State University and director of the Center for Renewable Energy, estimating that downstate fracking could create 1,000 to 47,000 direct and indirect jobs depending on how many wells were drilled and what level of local resources were used.

Opponents countered that such jobs studies tend to be overly optimistic and don't take into account harmful environmental and quality-of-life issues that could come with fracking.

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Aaron Swartz, Internet activist and programmer, dead at 26

Internet activist Aaron Swartz, pictured at a Wiki Meetup in Boston in 2009, has reportedly committed suicide. (Flickr/Wikimedia Commons / January 12, 2013)

Reuters

1:25 p.m. CST, January 12, 2013

Internet activist and programmer Aaron Swartz, who helped create an early version of RSS and later played a key role in stopping a controversial online piracy bill in Congress, has died at age 26, in an apparent suicide, New York authorities said Saturday.

Police found Swartz's body hanging in his Brooklyn apartment on Friday, according to the New York City Office of Chief Medical Examiner.

Swartz, a Highland Park native, founded the group Demand Progress and led a successful campaign to stop a bill introduced in 2011 in the U.S. House of Representatives called the Stop Online Piracy Act, which generated fierce opposition in the technological community.

He also played a role in building the news sharing website Reddit.

(Reporting by Alex Dobuzinskis in Los Angeles and P.J. Huffstutter in Chicago; Editing by Colleen Jenkins and Gunna Dickson)

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Oracle Corp to fix Java security flaw "shortly"

BOSTON (Reuters) - Oracle Corp said it is preparing an update to address a flaw in its widely used Java software after the U.S. Department of Homeland Security urged computer users to disable the program in web browsers because criminal hackers are exploiting a security bug to attack PCs.

"A fix will be available shortly," the company said in a statement released late on Friday.

Company officials could not be reached on Saturday to say how quickly the update would be available for the hundreds of millions of PCs that have Java installed.

The Department of Homeland Security and computer security experts said on Thursday that hackers figured out how to exploit the bug in a version of Java used with Internet browsers to install malicious software on PCs. That has enabled them to commit crimes from identity theft to making an infected computer part of an ad-hoc computer network that can be used to attack websites.

Java is a computer language that enables programmers to write software utilizing just one set of codes that will run on virtually any type of computer, including ones that use Microsoft Corp's Windows, Apple Inc's OS X and Linux, an operating system widely employed by corporations. It is installed in Internet browsers to access web content and also directly on PCs, server computers and other devices that use it to run a wide variety of computer programs.

Oracle said in its statement that the recently discovered flaw only affects Java 7, the program's most-recent version, and Java software designed to run on browsers.

Java is so widely used that the software has become a prime target for hackers. Last year, Java surpassed Adobe Systems Inc's Reader software as the most frequently attacked piece of software, according to security software maker Kaspersky Lab.

Java was responsible for 50 percent of all cyber attacks last year in which hackers broke into computers by exploiting software bugs, according to Kaspersky. That was followed by Adobe Reader, which was involved in 28 percent of all incidents. Microsoft Windows and Internet Explorer were involved in about 3 percent of incidents, according to the survey.

The Department of Homeland Security said attackers could trick targets into visiting malicious websites that would infect their PCs with software capable of exploiting the bug in Java.

It said an attacker could also infect a legitimate website by uploading malicious software that would infect machines of computer users who trust that site because they have previously visited it without experiencing any problems.

They said developers of several popular tools, known as exploit kits, used by criminal hackers to attack PCs, have added software that allows hackers to exploit the newly discovered bug in Java.

Security experts have been scrutinizing the safety of Java since a similar security scare in August, which prompted some of them to advise using the software only on an as-needed basis.

At the time, they advised businesses to allow their workers to use Java browser plug-ins only when prompted for permission by trusted programs such as GoToMeeting, a Web-based collaboration tool from Citrix Systems Inc.

Java suffered another setback in October when Apple began removing old versions of the software from Internet browsers of Mac computers after its customers installed new versions of its OS X operating system. Apple did not provide a reason for the change and both companies declined to comment at the time.

(Reporting by Jim Finkle; editing by Gunna Dickson)

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Armstrong to admit doping in Oprah interview

AUSTIN, Texas (AP) — Lance Armstrong will make a limited confession to doping during his televised interview with Oprah Winfrey next week, according to a person with knowledge of the situation.

Armstrong, who has long denied doping, will also offer an apology during the interview scheduled to be taped Monday at his home in Austin, according to the person who spoke on condition of anonymity because there was no authorization to speak publicly on the matter.

While not directly saying he would confess or apologize, Armstrong sent a text message to The Associated Press early Saturday that said: "I told her (Winfrey) to go wherever she wants and I'll answer the questions directly, honestly and candidly. That's all I can say."

The 41-year-old Armstrong, who vehemently denied doping for years, has not spoken publicly about the U.S. Anti-Doping Agency report last year that cast him as the leader of a sophisticated and brazen doping program on his U.S. Postal Service teams that included use of steroids, blood boosters and illegal blood transfusions.

The USADA report led to Armstrong being stripped of his seven Tour de France titles and given a lifetime ban from the sport.

Several outlets had reported that Armstrong was considering a confession. The interview will be broadcast Thursday on the Oprah Winfrey Network and oprah.com.

A confession would come at a time when Armstrong is still facing some legal troubles.

Armstrong faces a federal whistle-blower lawsuit filed by former teammate Floyd Landis accusing him of defrauding the U.S. Postal Service, but the U.S. Department of Justice has yet to announce if it will join the case. The British newspaper The Sunday Times is suing Armstrong to recover about $500,000 it paid him to settle a libel lawsuit.

A Dallas-based promotions company has threatened to sue Armstrong to recover more than $7.5 million it paid him as a bonus for winning the Tour de France.

But potential perjury charges stemming from his sworn testimony denying doping in a 2005 arbitration fight over the bonus payments have passed the statute of limitations.

Armstrong lost most of his personal sponsorship — worth tens of millions of dollars — after USADA issued its report and he left the board of the Livestrong cancer-fighting charity he founded in 1997. He is still said to be worth an estimated $100 million.

Livestrong might be one reason to issue an apology or make a confession. The charity supports cancer patients and still faces an image problem because of its association with its famous founder.

Armstrong could also be hoping a confession would allow him to return to competition in elite triathlon or running events, but World Anti-Doping Code rules state his lifetime ban cannot be reduced to less than eight years. WADA and U.S. Anti-Doping officials could agree to reduce the ban further depending on what new information Armstrong provides and his level of cooperation.

Armstrong met with USADA officials recently to explore a "pathway to redemption," according to a report by "60 Minutes Sports" aired Wednesday on Showtime.

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AP Sports Columnist Jim Litke contributed to this report.

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“The Middle” will gladly take longevity over awards

LOS ANGELES (TheWrap.com) – ABC’s “The Middle” doesn’t get the recognition, ratings or Emmy Awards that “Modern Family” does, but the cast and creators are fine with cruising under the radar if they can continue producing more episodes.

“I say slow and steady wins the race,” series star Neil Flynn rationalized at the Television Critics Association’s winter press tour.

Despite averaging a middling 2.8 rating in the 18-49 demographic this season – a feeble number compared to the 5.4 for “Modern Family” and the 6.4 for CBS’s top-rated “Big Bang Theory” – “The Middle” has lasted 83 episodes over the course of four seasons. (The rating counts live viewing plus seven days of DVR viewing.)

“Before you know it, we’ll have done 120 episodes,” Flyn continued. “I’d much rather be underrated than overrated.”

And although the show has only been nominated for one Emmy – in the Outstanding Makeup for a Single-Camera Series (Non-Prosthetic) category – executive producers Eileen Heisler and DeAnn Heline joke that they consider it an award every time critics label the show “underrated.”

In fact, they revel in “kindly being called under-appreciated” so much that star Patricia Heaton jokes that they have developed a drinking game for every time the show receives the compliment.

“We’re on fourth season with a show that people love and we’re incredibly, incredibly grateful for that,” Heaton concluded, in all seriousness. “Would it be nice to have more? Yeah, but it’s fantastic and I certainly can’t complain.”

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Hospitals crack down on workers refusing flu shots

CHICAGO (AP) — Patients can refuse a flu shot. Should doctors and nurses have that right, too? That is the thorny question surfacing as U.S. hospitals increasingly crack down on employees who won't get flu shots, with some workers losing their jobs over their refusal.

"Where does it say that I am no longer a patient if I'm a nurse," wondered Carrie Calhoun, a longtime critical care nurse in suburban Chicago who was fired last month after she refused a flu shot.

Hospitals' get-tougher measures coincide with an earlier-than-usual flu season hitting harder than in recent mild seasons. Flu is widespread in most states, and at least 20 children have died.

Most doctors and nurses do get flu shots. But in the past two months, at least 15 nurses and other hospital staffers in four states have been fired for refusing, and several others have resigned, according to affected workers, hospital authorities and published reports.

In Rhode Island, one of three states with tough penalties behind a mandatory vaccine policy for health care workers, more than 1,000 workers recently signed a petition opposing the policy, according to a labor union that has filed suit to end the regulation.

Why would people whose job is to protect sick patients refuse a flu shot? The reasons vary: allergies to flu vaccine, which are rare; religious objections; and skepticism about whether vaccinating health workers will prevent flu in patients.

Dr. Carolyn Bridges, associate director for adult immunization at the federal Centers for Disease Control and Prevention, says the strongest evidence is from studies in nursing homes, linking flu vaccination among health care workers with fewer patient deaths from all causes.

"We would all like to see stronger data," she said. But other evidence shows flu vaccination "significantly decreases" flu cases, she said. "It should work the same in a health care worker versus somebody out in the community."

Cancer nurse Joyce Gingerich is among the skeptics and says her decision to avoid the shot is mostly "a personal thing." She's among seven employees at IU Health Goshen Hospital in northern Indiana who were recently fired for refusing flu shots. Gingerich said she gets other vaccinations but thinks it should be a choice. She opposes "the injustice of being forced to put something in my body."

Medical ethicist Art Caplan says health care workers' ethical obligation to protect patients trumps their individual rights.

"If you don't want to do it, you shouldn't work in that environment," said Caplan, medical ethics chief at New York University's Langone Medical Center. "Patients should demand that their health care provider gets flu shots — and they should ask them."

For some people, flu causes only mild symptoms. But it can also lead to pneumonia, and there are thousands of hospitalizations and deaths each year. The number of deaths has varied in recent decades from about 3,000 to 49,000.

A survey by CDC researchers found that in 2011, more than 400 U.S. hospitals required flu vaccinations for their employees and 29 hospitals fired unvaccinated employees.

At Calhoun's hospital, Alexian Brothers Medical Center in Elk Grove Village, Ill., unvaccinated workers granted exemptions must wear masks and tell patients, "I'm wearing the mask for your safety," Calhoun says. She says that's discriminatory and may make patients want to avoid "the dirty nurse" with the mask.

The hospital justified its vaccination policy in an email, citing the CDC's warning that this year's flu outbreak was "expected to be among the worst in a decade" and noted that Illinois has already been hit especially hard. The mandatory vaccine policy "is consistent with our health system's mission to provide the safest environment possible."

The government recommends flu shots for nearly everyone, starting at age 6 months. Vaccination rates among the general public are generally lower than among health care workers.

According to the most recent federal data, about 63 percent of U.S. health care workers had flu shots as of November. That's up from previous years, but the government wants 90 percent coverage of health care workers by 2020.

The highest rate, about 88 percent, was among pharmacists, followed by doctors at 84 percent, and nurses, 82 percent. Fewer than half of nursing assistants and aides are vaccinated, Bridges said.

Some hospitals have achieved 90 percent but many fall short. A government health advisory panel has urged those below 90 percent to consider a mandatory program.

Also, the accreditation body over hospitals requires them to offer flu vaccines to workers, and those failing to do that and improve vaccination rates could lose accreditation.

Starting this year, the government's Centers for Medicare & Medicaid Services is requiring hospitals to report employees' flu vaccination rates as a means to boost the rates, the CDC's Bridges said. Eventually the data will be posted on the agency's "Hospital Compare" website.

Several leading doctor groups support mandatory flu shots for workers. And the American Medical Association in November endorsed mandatory shots for those with direct patient contact in nursing homes; elderly patients are particularly vulnerable to flu-related complications. The American Nurses Association supports mandates if they're adopted at the state level and affect all hospitals, but also says exceptions should be allowed for medical or religious reasons.

Mandates for vaccinating health care workers against other diseases, including measles, mumps and hepatitis, are widely accepted. But some workers have less faith that flu shots work — partly because there are several types of flu virus that often differ each season and manufacturers must reformulate vaccines to try and match the circulating strains.

While not 100 percent effective, this year's vaccine is a good match, the CDC's Bridges said.

Several states have laws or regulations requiring flu vaccination for health care workers but only three — Arkansas, Maine and Rhode Island — spell out penalties for those who refuse, according to Alexandra Stewart, a George Washington University expert in immunization policikfriedenes and co-author of a study appearing this month in the journal Vaccine.

Rhode Island's regulation, enacted in December, may be the toughest and is being challenged in court by a health workers union. The rule allows exemptions for religious or medical reasons, but requires unvaccinated workers in contact with patients to wear face masks during flu season. Employees who refuse the masks can be fined $100 and may face a complaint or reprimand for unprofessional conduct that could result in losing their professional license.

Some Rhode Island hospitals post signs announcing that workers wearing masks have not received flu shots. Opponents say the masks violate their health privacy.

"We really strongly support the goal of increasing vaccination rates among health care workers and among the population as a whole," but it should be voluntary, said SEIU Healthcare Employees Union spokesman Chas Walker.

Supporters of health care worker mandates note that to protect public health, courts have endorsed forced vaccination laws affecting the general population during disease outbreaks, and have upheld vaccination requirements for schoolchildren.

Cases involving flu vaccine mandates for health workers have had less success. A 2009 New York state regulation mandating health care worker vaccinations for swine flu and seasonal flu was challenged in court but was later rescinded because of a vaccine shortage. And labor unions have challenged individual hospital mandates enacted without collective bargaining; an appeals court upheld that argument in 2007 in a widely cited case involving Virginia Mason Hospital in Seattle.

Calhoun, the Illinois nurse, says she is unsure of her options.

"Most of the hospitals in my area are all implementing these policies," she said. "This conflict could end the career I have dedicated myself to."

__

Online:

R.I. union lawsuit against mandatory vaccines: http://www.seiu1199ne.org/files/2013/01/FluLawsuitRI.pdf

CDC: http://www.cdc.gov

___

AP Medical Writer Lindsey Tanner can be reached at http://www.twitter.com/LindseyTanner

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CBS welcoming actor Angus Jones back to comedy

PASADENA, Calif. (AP) — The teenage actor Angus T. Jones is expected back at "Two and a Half Men" next week, with CBS accepting his apology for calling the popular comedy "filth" and "very inappropriate."

"We move on," CBS Entertainment President Nina Tassler said on Saturday. After a break for the holidays, actors on "Two and a Half Men" are about to begin rehearsals for new episodes.

Jones, 19, plays the "half" in the popular comedy, portraying actor Jon Cryer's son.

Jones, who reportedly makes $350,000 an episode, later said he was sorry if his remarks in an interview with a religious organization showed an indifference to his colleagues or a lack of appreciation for his opportunity. He didn't publicly change his evaluation of the comedy, which is heavy on sexual jokes and innuendo.

Tassler indicated she was giving Jones some slack for his age, saying her own 24-year-old son said some things between 19 and 24 that she wished he hadn't.

"The bottom line is cooler heads prevailed," she said. "He has been a beloved member of that cast for years and years and years and he issued a public apology. At the end of the day, they want him to come back, he wants to come back."

Tassler also said CBS, show creator Chuck Lorre and the production company, Warner Bros., are all interested in seeing "Two and a Half Men" continue beyond this season. The actors are still not signed beyond this season.

She said CBS is nearing a deal to continue another one of its Monday night comedies, "How I Met Your Mother," for at least another season.

CBS is also basking in the success of its Thursday night comedy, "The Big Bang Theory," currently in its sixth season. Nielsen said the show had just under 20 million viewers last week, its biggest audience ever, breaking a record set one week earlier.

The show's reruns have become very popular on cable and in syndication, creating a sort of whiplash effect driving more interest in original episodes, Tassler said.

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The story behind Tribune's broken deal

At the end of 2007, real estate tycoon Sam Zell took control of Tribune Co. in a deal that promised to re-energize the media conglomerate. But the company struggled under the huge debt burden the deal created, and less than a year later, it filed for bankruptcy.

One of Chicago's most iconic companies — parent to the Chicago Tribune — was propelled into a protracted and in many ways unprecedented odyssey through Chapter 11 reorganization.

On Dec. 31, after four years, Tribune Co. finally emerged from court protection under new ownership, but at a heavy cost. The company's value was diminished, its reputation was tarnished and its ability to respond to market opportunities during its long bankruptcy was constrained.

Tribune Co.'s bankruptcy saga began as an era of superheated Wall Street deal-making fueled by cheap money was coming to an end. The company's tale is emblematic of the American financial crisis itself, in which a seemingly insatiable appetite for speculative risk using exotic investment instruments helped trigger an economic collapse of historic proportions.

Tribune reporters Michael Oneal and Steve Mills, in a four-part series that begins today, tell the story of Tribune Co.'s journey into and through bankruptcy, throwing a spotlight on the key decisions and missed opportunities that marked a perilous time in the history of the company, the media industry and the economy.

Read the full story, "Part one: Zell's big gamble," as a digitalPLUS member.
To view videos and photos and for a look at the rest of the series visit, chicagotribune.com/brokendeal.

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Lottery winner's body likely to be exhumed next week

He won the lottery, then he was poisoned to death. A judge's ruling Friday to have Urooj Khan's body exhumed could give his family and police answers about how cyanide got into his system.

A tearful relative said she hoped "justice will be served" after a judge quickly gave approval today to exhume the body of the million-dollar lottery winner who died of cyanide poisoning.

“We’ve been waiting for justice all this time,” said Meraj Khan, the sister of Urooj Khan. “I’m just so glad that justice will be served.”

Still, she said the thought of having her brother’s remains exhumed is distressing to the entire family. “This is not rest in peace,” she said. “But it’s an investigation, and hopefully the truth will come out.”

Khan died in July and his death was initially believed from natural causes. But after a relative raised concerns, comprehensive toxicological tests showed he had lethal levels of cyanide in his blood.

Judge Susan Coleman gave a quick OK to the request by the medical examiner’s office to exhume the body at Rosehill Cemetery on Chicago’s North Side. Court papers said the body was not embalmed, leading prosecutors to indicate it was “critical” to arrange for the remains to be exhumed as soon as possible.

In an affidavit, Chief Medical Examiner Stephen J. Cina said it was necessary to do a full autopsy to “further confirm the results of the blood analysis as well as to rule out any other natural causes that might have contributed to or caused Mr. Khan’s death.”

Authorities said the exhumation and autopsy could occur next week.

After the brief court hearing, Meraj Khan and her husband, Mohammed Zaman, were mobbed by reporters, cameramen and photographers.

Zaman said the last time they saw Urooj Khan was the day before his death. He came over to their house as usual, talked with their children and left. He seemed happy and healthy, Zaman said.

Meraj Khan recounted that at about 4 a.m. the next day, July 20, she was awakened by a phone call from her brother’s line. It was the first day of the Muslim holy month of Ramadan and she thought her brother was up early because of that. Instead, she said, she heard horrible screaming at the other end of the line.

“I couldn’t understand what was happening,” she said. “I heard screaming, and that’s all. So I woke him (Zaman) up. But I still don’t know who made that call.”

He died a short time later at an Evanston hospital.

“It’s hard for me to believe even now,” Meraj Khan said. “How could they do this, whoever did it?”

Meraj Khan and her husband said they could not comment on the police investigation, but they said they knew that at the time of his death, the only people in the home were Khan, his wife, Shabana Ansari, her father Fareedun Ansari, and Khan’s teenage daughter from a previous marriage.

Asked about IRS liens that had been placed against Fareedun Ansari, because of $120,000 in tax debt, Zaman said they were shocked to read about it in the Tribune this week. He said neither Urooj Khan nor Fareedun Ansari ever mentioned it to them.

Zaman said Fareedun Ansari had returned to live with his daughter and Khan last year after he’d moved to New Jersey to run a small convenience store that ultimately failed. He said Fareedun Ansari spent decades working for Urooj Khan’s father in India before coming to Chicago to help out with Khan’s growing dry cleaning and real estate businesses.

Meraj Khan, who last year was granted custody of her brother’s 17-year-old daughter, Jasmeen, said the girl is having a rough time dealing with the mystery surrounding her father’s death and all the recent media attention to the case.

“She’s very devastated. I’m trying to keep her cheerful, but it’s just very hard,” said Meraj Khan, choking back tears. “She’s 17. It’s very hard for her to cope with everything that’s going on.”

According to Cook County court records made public today, Khan’s first wife obtained multiple orders of protection as part of her 1998 divorce from him.

In one, Maria Jones alleged that Khan repeatedly had threatened to kill her and their daughter, then 4, if she filed for divorce. She also alleged he repeatedly physical abused her son from a previous marriage and contended she had to remove the boy from the home.

jmeisner@tribune.com

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Analysis: Nokia's results breakthrough buys it time and options

HELSINKI (Reuters) - Nokia's stronger-than-expected quarterly results mean the mobile phone maker now has breathing space and better options to help it claw back a place alongside Samsung and Apple in the smartphone market.

The Finnish handset maker, whose fall from market leader to loss leader was so bad its chief executive said two years ago it was on a "burning platform", may even be in a position to list or sell its Nokia Siemens Networks (NSN) arm at a premium, instead of having to auction assets cheaply as had been feared.

Nokia's improved performance also gives it time to carry on marketing the new Lumia handsets on which it is staking future smartphone success, which were launched in November and have recently gone on sale in crucial markets like China and India.

"Reasonable Lumia volumes and much better margins and guidance in devices could reframe the debate on the longterm sustainability of the handset manufacturing business," said Morgan Stanley analyst Francois Meunier.

NSN looks an attractive proposition both for public investors and private equity firms now that it is posting higher margins and profits on the back of cost cuts and improved sales of higher-margin network equipment gear to operators investing in faster 4G - "fourth generation" - wireless broadband.

NSN's underlying margin was between 13 and 15 percent in the third quarter, beating the forecast 8 percent and helping Nokia trounce market expectations when it posted numbers on Thursday.

Cash from the sale or listing of NSN could then be ploughed back in to investment in Lumia.

Michael Schroder at Finnish investment group FIM and other analysts estimate the business to be worth well above 5 billion euros, although Nokia owns only half of it and could also choose to retain a stake in it.

"A listing could happen sooner than markets expect," said Inderes analyst Mikael Rautanen, adding that he was surprised by the rapid turnaround at the unit which had been struggling to improve profitability. "Going back 6 months, no one would've believed it could have such good margins."

TIME TO GROW

Investors have been growing impatient in the two years since chief executive Stephen Elop announced Nokia's controversial switch to Microsoft Windows software with the statement that its home-grown platform was burning and a drastic change was needed.

With the two-year transition period identified then by Elop almost over, and Nokia's cash position worsening, some had started to make noises about Elop having to leave if no improvement could be identified soon.

Nokia's net cash fell to 3.6 billion euros in September from 4.2 billion in June. Its latest cash position, along with other final details of its fourth quarter results, is due January 24.

However analysts say Nokia's cash position is now less of a concern than a few months ago, helped also by an issuance of 750 million euros in convertible bonds. The company has also been hard at work selling off assets including its headquarters and pushing to win royalty payments on its vast patent portfolio.

Morgan Stanley's Meunier said the stronger performance may mean Nokia's liquidity improved by 550 to 650 million euros in the fourth quarter. He still recommends an "underweight" in the shares due to an uncertain earnings outlook.

If the market gains more confidence in the survival of Nokia's mobile phone business, analysts said, its shares could rise further.

Since Thursday's announcement, Nokia shares have jumped around 13 percent, but are still below some analysts' price targets.

The stock closed at 3.396 euros on Friday, below the 4.00 euro target by Nordea analyst Sami Sarkamies, who rates them a "buy".

Sarkamies has been studying various scenarios for Nokia's mobile phone business, ranging from a come-back in smartphones to worse outcomes. He said that even in the worst-case scenario of being forced to exit the mobile phone business by the strength of Google's Android phones, Nokia should be valued at 2.7 euros.

Sarkamies joked that Thursday's announcement was Nokia saying "leave me alone, I know what I'm doing" - a phrase coined by another Finnish great, Formula One driver Kimi Raikkonen last year as he brushed off his engineers' advice during the Abu Dhabi Grand Prix.

Raikkonen went on to win the race.

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