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E200 Periodicals
E210 Basic Standards
E213 Periodicals Mailing Privileges
Summary
E213 describes the application process for general publications, publications of institutions and societies, state department of agriculture, requester, and foreign publications. This section also covers mailing while the application is pending and revocation or suspension of privileges.
1.0 Original Entry Application
1.1General Publications
To apply for Periodicals mailing privileges in the general publication category:
a. Form 3500 must be completed and filed at the post office serving the known office of publication.
b. If the frequency of the publication includes more than one regular issue on any day, the publisher also must complete Form 3541-C. If the frequency of the publication includes more than one regular issue per month, but not on the same day, the publisher also must complete Form 3541-E. The applicable form must be submitted with Form 3500.
c. The publisher must provide all supporting information required on the application and must keep (and make available for USPS examination) records that establish that the publication is not designed primarily for free or nominal rate circulation.
1.2Publications of Institutions and Societies
To apply for Periodicals mailing privileges in the publications of institutions and societies category:
a. Form 3500 must be completed and filed at the post office serving the known office of publication.
b. When a publication issued by an institution or society carries general advertising, individual subscriptions or receipts are not required; a resolution is acceptable (e.g., “Resolved: That a copy of each issue of [publication title] shall be sent to each member of [organization name] and that [$] of each member’s annual dues of [$] shall be for a year’s subscription to that publication.”). Records must be kept accordingly. The written assurance of a responsible official that such records are kept must accompany the application on Form 3500, with a certified copy of the resolution adopted.
c. The information required on the form must be submitted with the application.
1.3Publications of State Departments of Agriculture
To apply for Periodicals mailing privileges in the publications of state departments of agriculture category:
a. Form 3500 must be completed and filed at the post office serving the known office of publication.
b. Evidence that the publication is issued by a state department of agriculture must accompany the application.
1.4Requester Publications
To apply for Periodicals mailing privileges in the requester publication category:
a. Form 3500 must be completed and filed at the post office serving the known office of publication.
b. If the frequency of the publication includes more than one regular issue on any day, the publisher also must complete Form 3541-C. If the frequency of the publication includes more than one regular issue per month, but not on the same day, the publisher also must complete Form 3541-E. The applicable form must be submitted with Form 3500.
c. The publisher must provide all information required on the application and must keep (and make available for USPS examination) records showing that the primary distribution of the publication is to persons who have requested it.
1.5Foreign Publications
To apply for Periodicals mailing privileges in the foreign publication category:
a. Form 3500 must be completed and filed at the post office serving the known office of publication.
b. The publisher or publisher’s agent must have available for USPS verification all information on the form.
1.6News Agent Registry
To apply for news agent registry:
a. Form 3500 must be completed and filed at each post office where mailings are to be made.
b. Evidence must be given to the postmaster at the mailing office that copies of publications offered for mailing are entitled to Periodicals rates, and that they are sent to actual subscribers or other news agents for sale or distribution to requesters. A Periodicals imprint in the copies is sufficient evidence that a publication is entitled to Periodicals rates.
1.7Publication Copies
Applications under 1.1 through 1.5 must be accompanied by two copies of the issue published nearest to the date of application. These copies must be identified as required in E211, marked to show the advertising content, and the percentage of advertising must be shown on the cover.
1.8Translation
If a publication is printed in a foreign language, a brief translation of the contents of the copies (e.g., a synopsis of each article and advertisement) must accompany the application.
1.9Fee
The applicable fee must accompany an application for Periodicals mailing privileges or news agent registry. The fee is not refundable.
1.10Location
The location shown on the application as the original entry post office must be a post office. Other postal facilities (e.g., branches, stations, contract offices, processing hubs) may not be authorized as original entries.
2.0 Mailing While Application Pending
2.1Mailing Before Approval
A publisher or news agent may not mail at Periodicals rates before the PCSC approves the application for Periodicals mailing privileges. Postage at the applicable First-Class Mail, Standard Mail, or Package Services rates must be paid while the application is pending.
2.2Record of Deposits
[7-8-04] If postage is paid by advance deposit account, the USPS keeps a record of deposits and mailings made while an application is pending. The amount that would be charged at the applicable Standard Mail or Package Services rates or the Airmail Letter-Post or Economy Letter-Post international rates must be paid until final action is taken on the application. No record is kept of postage paid at First-Class rates or of postage not paid by advance deposit account. Records are kept for First-Class rate mailings that may qualify for a refund under the exception in 3.6.
3.0 Decision on Application
3.1Ruling
The PCSC manager rules on all applications for Periodicals mailing privileges or news agent registry.
3.2Additional Information
Before acting on an application, the PCSC manager may ask the publisher for more information or evidence to complete or clarify the application. Failure to provide such information is sufficient grounds to deny the application.
3.3Mailability
If the PCSC manager grants an application for original entry, this approval does not represent a USPS determination that a publication is mailable under 39 USC 3001(a) and 18 USC 1461 and 1463. (See Blount v. Rizzi, 400 U.S. 410 (1971).)
3.4Effective Date
The authorization takes effect on the date of application or the date of eligibility for Periodicals mailing privileges (or for news agent registry), whichever is later.
3.5Refunds
Except as noted in 3.6, when an authorization for Periodicals mailing privileges is granted, the postmaster refunds to the applicant the difference, if any, between the postage amount deposited and the applicable Periodicals postage for copies mailed while the application was pending. Refunds are made only for mailings deposited on or after the effective date of the authorization and only if postage was paid by advance deposit account for which the entry post office kept the necessary records.
3.6No Refund
No refund is made for:
a. A denied or withdrawn application.
b. The period before the effective date of the authorization.
c. Postage not paid by advance deposit account for which the required records were kept.
d. Postage at any rate affixed to copies of the publication.
e. Postage paid at Express Mail or First-Class Mail rates. Exception: When postage is deposited at single-piece First-Class Mail rates because a mailing presorted and prepared as Periodicals mail is less than 200 pieces or 50 pounds, a refund may be authorized.
f. Postage on mailings not meeting the applicable preparation or other eligibility standards for Periodicals.
3.7Denial and Appeal
If the PCSC manager denies an application, the applicant is notified in writing and given the reasons for the denial. The denial takes effect 15 days from receipt of the notice by the applicant, unless an appeal is filed through the PCSC with the manager of Mailing Standards (see G043 for address). If the manager of Mailing Standards upholds the denial of an application for news agent registry, that is the final agency decision. For other applications, the manager’s denial takes effect 15 days from the applicant’s receipt of the notice unless, during that time, an appeal is filed with the USPS Recorder under 39 CFR 954, a copy of which is included with the notice of denial.
4.0 Revocation or Suspension of Privileges
4.1Discontinued Eligibility
The USPS revokes a publication’s or news agent’s Periodicals mailing privileges if it finds, after a hearing, that the publication or news agent no longer meets the applicable standards.
4.2Initial Decision
The PCSC manager may ask a publisher or news agent to submit information on a publication’s eligibility for Periodicals mailing privileges. If the manager decides that a publication or news agent is no longer entitled to Periodicals mailing privileges, a notice of suspension or revocation of Periodicals mailing privileges is sent to the publisher or news agent at the last known address of the office of publication or of the news agent, giving the reasons for the ruling.
4.3Appeal
A ruling to suspend or revoke a publication’s Periodicals mailing privileges takes effect 15 days from the publisher’s receipt of the notice unless, during that time, an appeal is filed through the PCSC with the manager of Mailing Standards (see G043 for address). If the manager upholds the denial of a news agent’s appeal, that is the final agency decision. For other actions, the manager’s decision takes effect 15 days from its receipt by the publisher unless, during that time, an appeal is filed with the USPS Recorder under 39 CFR 954, a copy of which is included with the notice.
DMM Issue 58 Updated 12-9-04