. >> lida [inaudible] on behalf of the department of public health. so, i didn't hear anything in the appellant's presentation that would support reversing the director's decision here. in fact, the director didn't have discretion, the cap in the bayview of 45 permits had been reached. there's 69 permitted establishments so the director couldn't make any exception specific to appellant and -- yeah, i'll stop there. >> good evening, i'm june wine trop, i'm the manager of this regulatory program. this is the first case that you are hearing for the amendments to 19h that were inbacker enacted in january, and i will say that you are correct, there was no heads-up given really to anybody that the law was going to be passed and that there was going to be a date at which this density level would start to be enforced. it's a complicated law and we are working hard to come up with some consistent guidelines. this case is actually very clear to us though, so it's nice that there is some level of clarity and i'll explain to you why. we -- first of all, you shoul

william lida will get us started. futures up five, down futures up 49. ♪ tom: "bloomberg surveillance." brendan greeley and olivia sterns today. olivia: crossing the historic terminal, the u.s. wants to renew ties with somalia. state met with somalian leaders. somalia was the scene of the 1993 black hawk down tragedy but john kerry says it is time to join forces once again. secretary kerry: as everyone knows more than 40 years ago -- 20 years ago united states was forced to pull back from this country. now we are returning in collaboration with the international community, mixed with ongoing concerns. olivia: kerry's somalia visit is the first ever by a u.s. secretary of state. microsoft is deciding whether or not to bid for salesforce.com. the company has a market value of almost $50 billion. the accused flash trader is asking for lower bail. he is currently fighting extradition to the united states. prosecutors say he played a key role in the market punch in may of 2010. tom: looking forward now to loom surveillance in the next hour. this will be impor