To: Kenneth E. Phillipps who wrote (498065 ) 11/24/2003 11:04:21 PM From: Hope Praytochange Respond to of 769670 read and see how markets reflect to the defeat of democraps: An effort led by Senator Edward Kennedy, D-Mass., to filibuster the bill fell short. The Senate voted 70-29 to limit debate, easily exceeding the 60-vote supermajority needed to end a filibuster. Senator Kennedy, who backed an earlier Senate version of a prescription drug bill, said the final version of the bill produced by House-Senate negotiators goes well beyond creating a drug benefit, providing billions to drug companies and HMOs while instituting competition provisions that could undermine the entire Medicare program. Investors responded by pushing the HMO Index (HMO.X) 808.16 +2.54% to an all-time high, while the Morgan Stanley Health Provider Index (RXH.X) 355.91 +1.53% and Pharmaceutical Index (DRG.X) 321.79 +1.3% found gains in today's rather bullish session. Senate Majority Leader Bill Frist, R-Tenn., predicted the drug bill would eventually pass with an "overwhelming bipartisan majority," and criticized Kennedy and other Democrats for using parliamentary maneuvers to delay a vote. As lawmakers scurried to push through legislation for a Medicare drug bill ahead of the Thanksgiving holiday here in the U.S., consumers received an early holiday gift in phone-number "portability," while some telecom service providers and their investors viewed the Federal Communications Commission's finalized portability rules as a possible lump of coal. The portability law, which lets customers keep their existing phone numbers when switching service, will likely boost carriers' expenses and limit revenue growth for years to come, industry analysts say. Wireless stocks have suffered as a result, falling as much as a third since the Federal Communications Commission finalized portability rules on October 7, 2003. Rudy Baca, a wireless analyst at market researcher Precursor and a former FCC official said, "There aren't going to be any big winners from this. It's all about cost." The immediate effect of the law, which takes effect today, is expected to intensify already-stiff competition in the wireless and traditional phone markets. The North American Telecom Index (XTC.X) 533.72 +0.69% edged higher by 3.6 points, while the broader Combined Telecom Index (IXTCX) 171.53 +2.71%, which contains a greater number of wireless service providers rose more than 4 points. The Networking Index (NWX.X) 248.46 +3.13% showed a larger percentage gain as it would related to some telecom-equipment stocks benefiting from the number portability law. The wireless business of Verizon (NYSE:VZ) $32.50 +0.93% and Nextel Communications (NASDAQ:NXTL) $24.09 +4.69% are least likely to be hurt by portability, industry analysts say. Verizon (VZ) is the No. 1 U.S. wireless carrier, and has the nation's largest network and a technology viewed as superior to most of its rivals. Still, Nextel (NXTL) is seen as having a loyal customer base for its key features, such as its walkie- talkie-like service. Investors have shown a greater willingness to shun shares of Sprint PCS (NYSE:PCS) $4.61 +5.97%, and AT&T Wireless (NYSE:AWE) $7.31 +4.42%, which are down a respective 26% and 17% since their October 7, 2003 close. After trading their WEEKLY S2s in our pivot matrix last week, the major indices jumped higher today and trade up through their WEEKLY Pivots and WEEKLY R1s. While today's move above the WEEKLY Pivot was rapid at the opening bell, this week's trade begins to look similar to that found the last week of October (10/27-10/31) after the major indices had traded their lower WEEKLY S1s the week prior.