brent and laura have the morning off. we are talking about rain this morning. we begin with traffic and weather. rob, is this the calm before the storm? >> we are counting down the hours before the next round of rape, but we are watching thundershowers. widely scattered for the morning commute and on the coast we will be watch for example a chance of thunder throughout the day. by the evening the rain comes in and take a look at the radar. some showers on the coast looking at spotty showers around the highway 17 commute this morning. >> good morning. we will take you to highway 4 in antioch. we have a disabled vehicle and someone who reported that vehicle pushing that vehicle and a second person saying watch it. that person in the slow lane. watch that eastbound heading in through antioch. westbound the speed sensor is not showing a problem.

a half hour for easy driving and 680 out of the interchange and 580 through livermore. back to you. >> census data collected will tomorrow whether california gets their fair share. chris sanchez has when the numbers will be release and what we can expect to see. >> we expect the see the numbers bigger today. the fact that every american was supposed to respond and nearly every american did. three out of four households did respond to the census. some of them got a knock on the door. we sent ours in a big late and we got the knock. it was a big job and today's work will be digesting the data. how population shifted could shift power in congress. the monwe we get for the hole communities as well. in terms of representation, california will remain as is

with 53 seats. the biggest could be texas that could gain as many as four seats. ohio and new york are expected to lose a seat apiece. they are expected to direct money where the people are. we are talking about $4 trillion in education, health and transportation dollars. some of the folks in the 134 million households that responded say it got too personal, asking whether there were homeowners or renters or whether they made a lot or a little money and how many kids were at home. it was one of the shortest in history with a mere 10 questions. the full picture won't emerge until later, but it will have an impact on the next presidential election. a lost folks are watching for that. in san jose, today in the bay. >> thank you. the man accused of murdering a

well-known community activist outside of a bay area mall will number gorgelin today. six months ago, 58-year-old gregory followed david lewis from work and shot him in the parking lot at the hillsdale mall. the murder stunned the community of east palo alto. he was well-known for helping people get sober. his daughter said it's been a long wait for the arrest. >> just kind of frustrating knowing that the killer was still out there and they hadn't found anyone yet. now that they had somebody, it's more of a relief. >> friends of lewis say they grew up together, but have no idea why he would do this. >> police have found the body of a missing southern california woman in the russian river. phyllis ben and her minivan were pulled from the river last night. the 62-year-old was missing since saturday night after eating dinner at river's end

restaurant. they spotted tire tracks on sunday leading off a cliff and into the river. search crews and boats combed the river yesterday. divers found the van resting on the river bottom yesterday. investigators do not believe she was drinking saturday night. >> per a san jose woman was recovering after two pit bulls attacked her in front of her home. it happened as she was trying to get to her car on white sand drive around 6:20. a neighbor threw stones at the two gray dogs to stop the attack and the animals ran away. the 41-year-old suffered major injuries, but they are not life-threatening. police are warning neighbors to be on the look out for the dogs. they have clipped ears and may have light gray spots. >> san francisco's current board of supervisors won't get a shot at choosing the next mayor.

mayor newsom will delay his swearing in until the new board takes office on january 10th. the board will choose a president. the president would be the interim mayor until a new one is voted on. all that means is san franciscoville to wait a few weeks more to find out who will be leading the city. >> meanwhile, san francisco is waiting to find out if it will have the honor of hosting the 2013 americas cup. city officials thought they would be told on friday, but so far no word from race organizers. all we have is word that negotiations are intensifying with officials in rhode island. italy and spain are also in the running. oracle ceo and san francisco's golden gate yacht club are yet to choose where it will take place. they were not happy when san francisco said holding the race at pier 50 would be too expensive. a final decision is expected by december 31st.

the $8 million to restore an airplane hanger in the south bay vanished. nasa announced it had the money to repair the hanger one in mountain view. a month later the money disappeared. nasa was counting on an $8 million congressional earmark, but the bill failed. it is not clear how much it will cost to restore the hanger. they expect between 15 and $40 million. it is 5:06 and the roads seem dry right now? >> a little dry and vacant, but you were showing hanger one. i was going to show that off of highway 101. you can find the hanger and the traffic. the roadways are drying out and rob will tell you what's up in the future. the south bay looking light with a light flow for the week. the bridge with an easy drive,

but the camera if you watch it's trembling from time to time and a gust of wind will cause trembling and that might catch you across the bridge. >> thank you so much, mike. the weather continues to be one of the top stories around the world. heavy rainfall continues to cause trouble in australia. a rapidly rising floodwaters in western australia meant a number of people had to be rescued. this was caught on tape. people waited on top of cars and homes for help to arrive. in other parts of the country, snow causes trouble even though it's summer there. >> snow in ur causing flight cancellations and delays. this student choir from england was on a tour when they were stranded. they were supposed to fly out of washington, d.c., but it was canceled. weather is still bad in europe. they don't know if they will make it home in time for

christmas. here at home, record rains are drenching california. police went through the farming community of mcfarland north of l.a. and hundreds of homes are threatened. people stacked sandbags before leaving home. part of the pacific coast highway closed because of mudslides. this is what it looks like in malibu. they are not expected to open up until tomorrow. southern california has received more than 12 inches of rain since the weekend. another five to 10 inches are expected before tomorrow. check out this snow. several feet fell over the last few days and more is on the way. it's hard to see in the video. here at home, people are getting ready for the next big storm. in the east bay, they are cleaning up the downed trees and putting sandbags in place. they are going to be ready when the next storm hits. all across the country, an

amazing sight overnight. a total lunar eclipse. we told you bob redell is visiting santa in the north pole. she still traveling, but managed to stop and take this video from fairbanks, alaska. his view of the eclipse. 5:09 and know it's in your department, but i hope you didn't stay up to catch that. >> i didn't intend to, but my wife woke me up and told me to look outside. it looked like a copper penny was of. it was cool. >> i was fast asleep. >> that was the smart thing. five minutes before the clouds spoiled the party. this morning not too bad especially with the wild weather going on around the world. scattered showers and you see a few across the north bay. where the real action is in southern california. look at the lightning off the coast. this is a system that will make things interesting late or this

evening and tonight. we are looking at a couple more inches of rain for the mountains, but here is the pattern that is the wettest in 10 years. a tropical surge continues to race into southern california. they have by far seen the worst of this pattern. it looks like the heavy rain with this next system on central and southern california. scattered showers and a risk of a thundershower on the coastline today. the rain is going to fill in again tonight. most areas around the bay area picking up an inch of rain. thursday and friday we will catch a break and just in time for christmas, we have rain coming in for christmas day and clearing sunday afternoon. marla? >> thank you, rob. 5:10 and the check is no longer in the mail. why thousands of people may stop getting checks from the government. keeping you safe in the air. the surprising former careers of the men and women who keep you safe at doll30,000 feet. it almost turned into a

disaster. why this flash mob almost ended tragically. here's a live look at the bay bridge as people are making their way into san francisco this morning. no problems to report. we will have a full check of the forecast and the commute coming up. stay with us. [ female announcer ] dry, cracked hands? gold bond ultimate concentrated cream heals and protects like lotion can't. gold bond concentrated therapy. real medicine, ultimate healing.

>> a live look at the golden gate bridge. drivers making their way into san francisco this morning at 5:14. >> the u.s.-led coalition in afghanistan wants to expand raids in neighboring pakistan where militants are known to find refuge. nato leaders are denying the report published in the "new york times." they reported that u.s. military commanders believe forces account capture militants for investigation. the israeli air force hit seven suspected sites in gaza. while the palestinian militants

sent rockets into gaza. the military said the air strikes targeted tunnels and a weapons-making facility and they were in retaliation for the firing of 13 rockets and mortars at israel this week. new video this morning of a strong earthquake in iran that killed six people. the magnitude 6.5 quake struck a small town in the southeast part of the country that flattened three villages that cutoff telephone lines. they fear humans may be trapped under the rubble. there were several aftershocks. an illinois judge reduced the sentence over a woman jailed at a hooter's restaurant. here is video of that january incident. the woman at the counter can be seen arguing about a charge on her bill. the officer acting as a security guard at the restaurant responded by putting the

grandmother in a headlock and she was sentenced to 200 days in an illinois jail, but the judge reduced it to 94 days. >> i'm glad i'm home and i get to go home to my family. >> torres served 47 days in jail. she is suing hooters as well as the officer in the video. >> it was last christmas that a man came to be known as the underwear bomber tried to bring down a flight to america. they rolled out full body scanners and pat-downs. there have been changes to the tactics. we take a look at the men and women who fly under cover and trained to keep the skies safe. >> they may be the most secretive, least understood component of aviation skurchlt the exact number of air marshals

is classified. there thousands. identities secret. years after 9/11, they insist the service mature and evolved to match the constantly changing terrorist threat. >> good morning. >> half the new recruits have some law enforcement background, the rest are former lawyers, students and even teachers. brittany is just finishing and under cover. >> this could mean you come face-to-face with a terrorist. >> it could. you ready for that? >> i'm ready. absolutely. >> this is ridiculous. >> today being ready means an intense feak us on behavioral recognition. >> how are you? >> none of your business how i am. >> fear and deception that could give away a criminal or terrorist and striking up a conversation. >> going orlando too? >> this is about behaviors. they are involuntary physiological responses to

different stimuli. >> much of this is about deterrents. they concede they never knowingly stopped a terrorist, but they train for the ultimate confrontation every day. at 35,000 feet, marksmanship has to be deadly accurate. >> you don't have a lot of options. not like you can take the high ground or the wide flank. >> the hope this never is necessary. before a suspect ever boards a plane or makes it to through a check point, he or she is identify and pulled aside. at the rarely seen command center assessing the latest intelligence and a signing marshals in the u.s. and overseas to the right seats on the highest risk flights. >> we can't be all places for all people and we have to use the latest intelligence to inform our decisions. >> the typical air marshal will fly more than 1,000 flights over 200 days with no napping and no

frequent flyer miles on the lethal and real threat. atlantic city. >> starting next spring, you won't receive social security checks in the mail anymore. they will be paperless beginning on may 1st of next year. right now eight of 10 people are receiving payments electronically. the switch will eliminate the problem of lost or stolen checks. by phasing out paper checks, social security expects to save about $1 billion over the next decade. what started as an act of random musical kindness -- it ended in the evacuation of a newly reopened mall in roseville. the galleria mall opened last night after a devastating fire this past fall. a local church called on people to show up and sing hallelujah outside. when 5,000 people showed up, the

floor began creaking and the mall had to be evacuated. the fire marshal is checking the building for structural safety. >> just about 5:20 now. no major problems on the roads. >> not right now. we have the issue that was a concern. highway 4 eastbound. someone was pushing the car off the roadway. now westbound, the direction is moving fine at the 67 and 65. 67 should change in the next 20 minutes. watch as the speeds come down through the area. meanwhile, the benicia and carquinas bridges are looking nice. opposite direction towards the sacramento and roseville area. don't all stop at the mall at the same time. that will be an issue. if you are heading up there, bring your chains. the sierra has the snow. looking at westbound 80 off of the bridge. the commute direction is smooth. 880 through oakland and an easy drive. a lighter volume of traffic and looking at a live shot outside

and we will see how the approach is. things are drying out as far as the roadways, but overnight a high wind advisory issued by the chp. rob said there is still storms in the area and things will change. we have the forecast coming up. >> now on sale, check this out. your official royal wedding merchandise. we willha show you what you can get when today in the bay returns. [ male announcer ] how do you say...

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5:23 and rain-free for the moment, but towards the evening commute, plan on seeing rain crossing the coast once again. 42 degrees in livermore and 50 in san jose. 49 in san francisco. the winds are picking up across the mid-span of the bay bridge and san mateo bridges. we will see a few thundershowers and widely scattered for the first half of the day and clouds around lunchtime and rain increasing tonight. locally heavy at times and thunder overnight. tomorrow things are easing off and we catch a break towards thursday. a few light showers moving across the summit of highway 17 around the santa cruz mountains. looking mainly dry and action on the coast around the beach and

across the north bay, a few widely scattered showers. in the dry shot in between the super soaker across southern california and the tropical jet racing into l.a. the lightning bolts in an unstable environment that will edge to the bay area as we head tolt afternoon. showers and troebl seeing an isolated thundershower while the flooding rains stay across southern california. a chance of rain on the increase, picking up toward this is evening and tonight. as we start off this time tomorrow morning, we will see the rain drafting through the bay area by the afternoon. rain starting to head to the east and when the system goes by, we should catch a break on thursday. rain totals with an inch or two at least. for most of the bay area, the rain should fall mainly for later tonight into early wednesday morning. an inch or less for the rest of the bay area. increasing clouds and scattered showers and the chance especially around the coast of an isolated thundershower.

as the front goes through, we will get thunder mixed in with the heavy rains and things will calm down for a couple of days. thursday into friday and more rain and breezy conditions rolling into saturday. >> thank you, rob. the first official memorability for the royal wed suggest on sale now. prince william and kate middleton approved the three items for sale. you can buy a tanker, plate, or a bill box. each feature the couple's initials, prince's emblem and the wetting date, april 29th, 2011. >> the design was romantic and reflected what we thought was the modern nature of the castle. when we were talking to the designer, she thought the idea of using a wetting cake and the idea of pillars and stripes and cool modern colors would capture that well. >> the profits will be donated to a charity that takes care of

the royal family's artwork. 5:26. moving forward. oakland taking another step to keep the a's in the east bay. how a city is reacting to reporting that their drinking water as high levels of a toxic chemicalnd what you can do if you are worried about your drinking water. now has three vitamins and seven moisturizers. feel the heal. come on... isn't it time an auto insurer gave it to you straight? that's why you should talk to state farm. but not yet. first, talk to any one of the 40 million drivers who already have state farm. 40 million. yeah, that's more than geico and progressive combined. by a lot. 40 million drivers. more savings. and discounts up to 40%. where else you gonna get discounts like that? call an agent at 1-800-state-farm or go online.

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the richmond high school gang rape case takes a major step forward.

we should learn which of the seven defendants will stand trial. that story is coming up. we have a live look outside at san jose as the storm moves in and keeping a close eye on the weather. we will tell you when it's going to hit today in the bay. good morning, everyone. >> brent and laura have the morning off. you notice a change of scenery around us. >> this is our temporary home while the new state-of-the-art set is assembled behind that wall. we will have the new digs in a couple of weeks. >> we are excited about it. let's get started with a look at the forecast. >> good morning, scott and marla. we are seeing a break in the action right now. just offshore we are tracking thunderstorms this morning. a slight chance of a few widely scattered showers and the chance of rain will increase with the

evenincommute. highs in the mid 50s and notice here on the radar, look at the lightning strikes. a few widely scattered showers and we will talk more about the incoming storm in a few minutes, but the weather may impact the morning commute. >> we have slick spots because it hasn't had a chance to dry out, but let me focus on a new accident. this will dry out because of a car fire. no injuries, but four or five cars involved in an accident at eastbound 92 out of the hills towards northbound 101. reportedly chp said it might be a distraction for folks heading across the bridge or over to it. a live look shows a nice pleasant drive. eastbound with the headlights and westbound off of the hayward side. back to you. >> we should finally learn whether seven defendants accused of a brutal gang rape will go to trial. today in the bay is live in martinez with what's ahead on

this final leg of the preliminary hearing. good morning, christie. >> good morning. attorneys are expected to present oral arguments in the richmond high school gang rape case and it will be up to a judge to decide which of the defendants will go to trial. the judge said he has two concerns moving forward. one whether there is enough evidence to bring a 16-year-old to trial. he is concerned about evidence on a 23-year-old richmond man. yesterday he ruled that an interview with the 16-year-old is not admissible because he believes his rights were violated and ignored his first request to remain silent. the preliminary hearing has gone on for 19 days. there seven defendants in this high profile case where police say a 16-year-old girl was raped, beaten and robbed while spectators watch. this was near a homecoming dance

in october of 2009. the oldest defendant was 44 years old. dna circumstantial evidence a critical part of the case. the hearing is expected to conclude sometime this afternoon. reporting live in martinez, christie smith, today in the bay. an update to a story we brought you yesterday. the city of san jose is reacting to report that is the drinking water has a dangerous level of the toxic chemical chromium 6. the city said water delivered by the san jose municipal water system meets all drinking water standards set by the u.s. epa and the california department of public health. our customers can be confident that the water is save to drink. the statement is in response to a study released yesterday. the watch dog group environmental working group tested 35 cities for chromium 6 and found san jose had the fifth highest level of the chemical. chromium 6 is said to have a

high probability of causing cancer. it is the same chemical that was featured in the movie erin brockvich. bottled water may not be the answer to the problem. that water could have chromium 6 in it as well. the best way to protect yourself is install a reverse osmosis water filter. california is expected to come out with an kpshl acceptable level soon. a man who held up a walker at gunpoint in pleasant hill. the robber approached the man walking on the trail near the intersection of bancroft and hooks ton road. he stole his cell phone and cash and ran away north on the trail. one person is dead and another on the run after an officer-involved shooting in oakland. a high speed police chase ended at 13th and 33rd avenue when the suspect's car crashed into a home yesterday afternoon.

all four people in the car ran. two were detained and another escaped and one suspect was shot. a hand gun was found nearby. the chase began when they spotted the car they believe was involved in a shooting on friday. oakland city leaders will take up the next step in the quest to build a new baseball stadium for the a's. they are looking to funding an environmental impact study for the stadium along oakland's waterfront. the site was chosen after major league baseball preferred the location over other proposed sites in oakland. the city council meeting is at 5:30. >> a new survey reveals a smoking hot result. one in ten residents in san mateo and contra costa smokes. both tied for sixth lowest in the state according to a health study. only about 13% of californians

smoke compared to 21% nationwide. the golden state has the second lowest smoking rate behind utah. >> you can afford everything on the wish list. this is the jackpot for the mega millions. it got fatter after nobody matched all numbers friday night. california is one of 42 states to do this. in the game, players pick five numbers from 1 to 56 and a mega number. numbers will be drawn at 8:00 tonight. even with the bad weather, people are able to see through the clouds. >> unless you were sleeping like i was, but this is what the moon looks like. you can see a sliver of it. the full eclipse was at 12:17. all it looked like was a black screen. you couldn't tell. this is the first time a full lunar eclipse coincided with the winter solstice in 400 years.

the next one will happen on december 21st, 2094. >> mike didn't stay up for it either. >> nope. i was watching part of the sing off. don't tell me how it ended. we'll look over here. we will know it's continuing on eastbound highway 92. i told you about the accident from eastbound 92 to northbound highway 101. that connector ramp is open. i confirmed that and reports say there lanes open and there is activity on either side including the car fire. folks can see that. we see slowing in the westbound direction off of highway 92 as well. it will be a distraction. the light volume still keeping things moving smoothly here even though it's lighter this week. we see the slow down at antioch. the l street sensor and overall as approach g and down towards horizon, you see the yellow and speeds are dipping below 55 and

getting closer to 50. we are watching that in livermore and a lighter volume and we see this tuesday commute heavier than yesterday in towards livermore. you will see that again and typical patterns and a shorter build for this morning. it happens about this time of year. the maze looks nice with no metering lights at the toll plaza. we still have slick roadways because of puddles left from the overnight storms. gusty winds and things change again. >> they will change later on and the bay area did get a few breaks and amazing photos. this one sent in from hayward. pretty nice view of the moon. we did get partial clearing and some did get a chance to see the lunar eclipse last night. look what's happening off to the west. an active start with thundershowers offshore. the only showers have been watching for the morning commute around the summit of highway 17. you have the moisture coming in

about at a 90-degree angle and that helps enhance the raindrops. nothing flying on the other side of the mountains in san jose. rest of san francisco, you can see to the north of the bridge a few light showers up the coastline. north bay looks dry, but as you head into southern california, the super soaker continues there. that's a subtropical jet on top of l.a. here's a break over the bay area for now, but the action is offshore. this will sweep through as we head towards the evening. increasing clouds and by later on, an increasing chance of rain and as that cold front sweeps through. it will be pretty energetic. a good line of thundershowers that may wake up up. rain to start and scattered showers to follow. thursday and friday we should catch a brief break and more rain for saturday to kickoff the christmas weekend ahead. back to you. >> thank you much. 5:40 and a well-known website names its word of the year.

new crime stats out this morning. how the bay area is faring in a live report. >> they may be little, but they are causing a load of trouble. why this smurfy ap has parents fuming. 5:40 and a live look at the toll plaza. the roads seem dry right now, but rob is going to have a full look at the forecast, coming up. m

a live look at the bay bridge. a pretty shot now, but it's all going to change.

good news on crime in america. a preliminary report shows violent and property crimes fell in the first half of 2010. toad in the bay's tracy pots is live in washington with how the bay area fared. >> good morning. the bay area followed the trends we have been seeing. crime going down in the first half of this year. take a look at the national statistics for violent crime and property crime. violent crimes down 6.2% in the first half of the year compared to the same period last year. murder, rape, robbery, aggravated assault and the same with property crime down 2.8%. arson, burglary and theft including auto theft. the fbi saw the biggest drops in big cities like san francisco, san jose, those with over a half million people and also in the south. there was a slight increase in the northeast. let's take a look at the numbers for san francisco. they were broken down by the fbi

looking at last year compared to this year. violent crimes down. these are raw numbers. over 2900 last year and over 2800 so far this year for the same time period. property crimes also down. over 16,000 in san francisco last year. now just over 15,000. the whole phenomenon has officials here a little bit stuchld. typically in a bad economy crime goes up. in this case crime goes down it. has been going down for four years in a row. live from capitol hill, today in the bay. >> that is good news. 5:44. good morning, everyone. >> we're will get to traffic and weather and whether the census questions will affect whether california gets its fair share of money and power. today in the bay's chris sanchez is in san jose with when the numbers will be released and what we can expect to see.

>> we expect the numbers later on today. what we expect to see is the majority of people answering the questions did. three out of four households responded as door knockers went around the neighborhood earlier last year and into the summer. a big job started last year. today's work will be digesting all that was new data. how population shifted will shift the way money is for the communities. shift in population means redistributing power and congress. experts predict in terms of representation, california remains as is with 53 seats. the biggest winner could be texas that could gain as many as four seats and the biggest losers could be ohio and new york which are expected to lose two apiece. the census data hopes to direct money where the people are. we are talking about $4 trillion in education, health, and

transportation and money for other projects. money in the households that responded said it was a bit intrusive asking whether or not they were owners or renters. whether they had children living at home and how many and how much money they made, but it was in fact one of the shortest questionnaires in history with a mere 10 questions. the big picture won't emerge until we get the full slate of data. we will have to see how that pans out for california. a lot of folks expecting that the census information will have a big impact on the next presidential election. chris sanchez today in the bay. >> it is 5:46. i have to give you an update. for the fourth time, the chp updated this location. westbound off of foster city. the slowing here with three out of four lanes blocked that

highway 101 interchange. the slowing off of foster city. that's where you want to get off of the freeway. head south or north. 101 northbound and the transition ramp, three out of four lanes are block and that will affect the drive out of foster city and out of the hills zeerk a smooth drive over to the bridge. that is good news. the live look off to the right of your screen if there is an accident as you get through the area as well transitioning on to faster city. watch for the slowing. we see the camera shaking a bit and that could mean gusty winds at times. >> more wind as opposed to rain. around the south bay, a few showers acrossing the mountains west of highway 17. not a lot on the radar. from the east bay to san francisco, north bay is dry. this is probably the driest stretch of the day. i want to take you into southern california. flood warnings in l.a.

no snow on the grapevine. the levels are pretty high. the drive is okay, but around 101, ponding on the roadways. look at yreka. a lot of thunderstorms coming in. we are in between weather systems right now in the bay area. the system off to the west will spill our way as we head towards the evening commute. that will pack good winds and rain later. thundershowers as well. for today widely scattered showers and the rain will fill into early tomorrow. look at the forecast as we pass the middle of the week. the rain changing back over to scattered showers. thursday and friday for now looks dry except for the far north bay and saturday the raindrops in. sunday is the drier half of the upcoming christmas weekend. back to you. >> new this morning, new mexico governor bill richardson said north korea is ready to talk about the program. the governor arrived after an

unofficial trip. north korea will allow u.s. inspectors back into the country. it will be allowed to check the nuclear complex that north korea said it thot producing enriched uranium for bombs. >> a how to guide for pedophiles. the colorado man on his way to polk county, florida, under cover detectives said he sold them a copy of the guide and it violates florida's obscenity law. the material considered harmful to minors. the guide made headlines earlier this year when it was on sale at amazon.com in the ebook section. a number of people complained. the arrest could lead to an argument over free speech if there is a trial. >> heavy snowfall and freezing temperatures has forced germany's biggest airport to suspend take offs and landings.

right at the prechristmas rush begins, travelers continue to face delays and cancellations. passengers flying out of london's heathrow have been held up the most. airport operators were criticized for not being prepared to cope with bad weather. >> taking a closer look at how mark hurd's resignation may have affected the company. they are cooperating with the investigation by the securities and exchange commission. hurd was forced out after a former contractor and b movie actress jody fisher accused him of sexual harassment. she said he told her about the $13.9 billion acquisition of electronic data system before it was a done deal in 2008. 5:50 now, toyota reportedly agreed to pay the government more than $32 million in fines

over the way the company handled two recalls. the recalls are over accelerator pedals that could get trapped in floor mats and steering rods that could break and lead to a loss in control. they have not made a formal announcement. if the fines are assessed, it would bring the total fines to almost $50 million. >> you can get one today, but a tech geek has his hands on one. we are talking about the chevy volt. patrick yang is the first bay area resident to own one. the 25-year-old fell in love with the plug in hybrid when he saw it as a concept car three years ago. the you tube video won him a place at the front of the line for one of the first cars. the car can be charminged with the normal wall outlet and gets between 20 and 50 miles on battery alone. it has the gas generator for longer drives. yang will save money on the gas commute, the price of the car is

more than $40,000. >> here's hoping for last minute shoppers. major electronics retailer best buy is changing the deals from the final shopping days before christmas. doing away with restocking fees and offering free mobile hot spots with an ipad purchase. the 15% restocking fee used to apply to items like computer, ipads, digital cameras or navigation systems. a 10% fee applied to mobile phones and customers can choose hot spot devices from sprint and verizon, save being $130. >> the fcc is set to pass net neutrality rules. for that and news before the bell, we are at cnbc world headquarters. good morning. >> futures are still higher this morning since the last time we spoke. possibly adding more fuel to santa's rally and the year end rally. stocks closed mixed on monday

with no real economic news for investors to chew on or react to. the nasdaq closing at a two-year high. relief over the korea crisis. no big news today, but we will be watching capitol hill as the senate votes on a bill to keep the government actually running through early march. as you mentioned elsewhere in washington, the fcc is expected to adopt new rules affecting internet access over the regulations where broadband providers would be able to let the internet be free and clear to everybody and they could not block websites that offer rival services. they wouldn't be allowed to play favorites so they wouldn't provide delivery of contents into the slow or fast lanes. it would let them charge more for applications like video or social networking services.

>> if you are waiting until the 11th hour to do your shopping and to find that special and coveted gift for the holiday shopping season, you may be out of luck. some of the hottest gifts like the kindle and fleece-lined shirts from ll bean are a parentally sold out. no dies. the national retail federation said this is not the year to be playing chicken. after being burned with way too much inventory, they are editing and being more conservative when they order holiday merchandise. don't shoot the messenger. >> i'm done. i got everything shopped for. thank you very much. >> good. >> careful if you play the popular smurf's village game. that is one of the best selling there is. changes add up quickly. the publisher said the games are free to download, but purchases of virdual items like smurf berries cost real money. listen to this. two taps by your kid can cost

$100. real dollars. parents have been surprised by changes racked up by their kids in the game. they come out of your i tunes account. >> pan dora, the free internet radio station comes with a cost. that is personal information about you, the user. a new study by the "wall street journal" claims pan dora shares too much of your personal info with advertisers. they pay the website that allows users to listen to music for free. they receive your personal data like age, genter, location, and phone id info. advertisers do not have access to your name or e-mail address. an extra holiday helping for families in need in the east bay. the rescue mission will distribute food bags to families every hour on the hour from 8:00 to 1:00 this afternoon. the rescue mission is on donald avenue in richmond. they will serve christmas

dinner. dinner is at 5:00 under the big top tent. you can get an autograph of raiders players while helping east bay kids. they'll sign autographs in exchange for new unwrapped toys in the toys for tots drive. they will be in hayward tonight at 6:00. >> 2010 comes to a close and there is a lot of best and worsts of the year. we are talking about the word of the year. websters said it is austerity. that means stern and cold in appearance or manner. it was selected because it was the most searched word on the website in 2010. other top-searched words are pragmat pragmatic, moratorium, socialism and bigot. >> they won the grand prize. they battled the 10 a cappella

groups to reach the season finale on nbc's sing off. >> they competed and the talk of the town, the first group voted off despite the loss, the show was a wonderful experience. the group commited from alabama won america's group, $100,000 and a roaring contract. we dial and dial and cooperate affect the end of the outcome. >> they should still be proud. >> one of the guys works in the alameda schools. the custodian. very cool. back in a moment. save $523! 16 minutes could save you 16%!

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>> a big decision out of a