ARCHIVED DMM - DEC 09, 2004

E200 Periodicals

E270 Preferred Periodicals

Summary

E270 describes the eligibility standards for nonprofit and Classroom publications. It also describes the organizations and types of publications that are qualified to claim the preferred rate discount.

1.0 Nonprofit Eligibility—basic Information

1.1Authorization

To be mailed as a Nonprofit Periodical, a publication must be granted Periodicals entry in other than the requester category and a Nonprofit authorization for which eligibility was established under 2.0 or 3.0.

1.2Other Rates

Each piece must also meet the standards for rates or discounts claimed. Nonsubscriber copies are subject to E215. Subject to E250, the DDU or DSCF piece rate applies to each piece claimed in the pound rate portion at the corresponding rate.

1.3Advertising/ Nonadvertising

Publications with an advertising percentage of 10% or less are considered 100% nonadvertising for rate purposes. Those publications may use “0” as the advertising percentage when computing the nonadvertising adjustment to be applied to the outside-county piece rate charges. Publications with an advertising percentage exceeding 10% are subject to Outside-County pound rates for the entire advertising portion of the publication.

2.0 Nonprofit Eligibility—qualified Organizations

2.1Types of Organizations

A publication issued by and in the interest of one of the types of organizations described in 2.3 through 2.10 qualifies for the Nonprofit rates if the organization is not organized for profit and none of its net income inures to the benefit of any private stockholder or individual.

2.2Primary Purpose

The standard of primary purpose used in the definitions in 2.3 through 2.10 requires that the organization be both organized and operated for the primary purpose. Organizations that incidentally engage in qualifying activities do not meet the primary purpose test.

2.3Religious

A religious organization is a nonprofit organization whose primary purpose is to:

a. Conduct religious worship (e.g., churches, synagogues, temples, or mosques);

b. Support the religious activities of nonprofit organizations whose primary purpose is to conduct religious worship; or

c. Further the teaching of particular religious faiths or tenets, including religious instruction and the dissemination of religious information.

2.4Educational

An educational organization is a nonprofit organization whose primary purpose is the instruction or training of individuals for improving or developing their capabilities or the instruction of the public on subjects beneficial to the community. An organization may be educational even though it advocates a particular position or viewpoint, as long as it presents a specifically full and fair exposition of the pertinent facts to permit the formation of an independent opinion or conclusion. Conversely, an organization is not considered educational if its principal function is the mere presentation of unsupported opinion. These are examples of educational organizations:

a. An organization (e.g., a primary or secondary school, a college, or professional or trade school) that has a regularly scheduled curriculum, a regular faculty, and a regularly enrolled body of students in attendance at a place where educational activities are regularly carried on.

b. An organization whose activities consist of presenting public discussion groups, forums, panels, lectures, or similar programs, including on radio or television.

c. An organization that presents a course of instruction by correspondence or on television or radio.

d. Museums, zoos, planetariums, symphony orchestras, and similar organizations.

2.5Scientific

A scientific organization is a nonprofit organization whose primary purpose is to conduct research in the applied, pure, or natural sciences or to disseminate technical information dealing with the applied, pure, or natural sciences.

2.6Philanthropic (Charitable)

A philanthropic (charitable) organization is a nonprofit organization organized and operated to benefit the public. Examples include those that are organized to relieve the poor, distressed, or underprivileged; to advance religion, education, or science; to erect or maintain public buildings, monuments, or works; to lessen the burdens of government; or to promote social welfare for any of the above purposes or to lessen neighborhood tensions, eliminate prejudice and discrimination, defend human and civil rights secured by laws, or combat community deterioration and juvenile delinquency. That an organization organized and operated to relieve indigent persons receives voluntary contributions from those persons does not necessarily make it ineligible for Nonprofit rates as a philanthropic organization. That an organization, in carrying out its primary purpose, advocates social or civic changes or presents ideas on controversial issues to influence public opinion and sentiment to accept its views does not necessarily make it ineligible for Nonprofit rates as a philanthropic organization.

2.7Agricultural

An agricultural organization is a nonprofit organization whose primary purpose is the betterment of the conditions of those engaged in agricultural pursuits, improvement of the grade of their products, and the development of a higher degree of efficiency in agriculture; or the collection and dissemination of information or materials about agriculture. The organization may further and advance agricultural interests through educational activities; by holding agricultural fairs; by collecting and disseminating information about cultivation of the soil and its fruits or the harvesting of marine resources; by rearing, feeding, and managing livestock, poultry, bees, etc.; or by other activities related to agricultural interests.

2.8Labor

A labor organization is a nonprofit organization whose primary purpose is the betterment of the conditions of workers. Labor organizations include, but are not limited to, organizations in which employees or workers participate, whose primary purpose is to deal with employers about grievances, labor disputes, wages, hours of employment, working conditions, etc. (e.g., labor unions and employee associations).

2.9Veterans

A veterans’ organization is a nonprofit organization of veterans of the armed services of the United States, or an auxiliary unit or society of, or a trust or foundation for, any such post or organization.

2.10Fraternal

A fraternal organization is a nonprofit organization whose primary purpose is fostering fellowship and mutual benefits among its members. For this standard, a qualified fraternal organization must also be organized under a lodge or chapter system with a representative form of government; must follow a ritualistic format; and must be composed of members who are elected to membership by vote of the members. Qualifying fraternal organizations include the Masons, Knights of Columbus, Elks, and college fraternities or sororities, and may have members of either or both sexes. Fraternal organizations do not include such organizations as business leagues, professional associations, civic associations, or social clubs.

3.0 Nonprofit Eligibility—other Qualified Organizations

3.1Basic Eligibility

Subject to 3.2, a publication (other than a requester publication) may qualify for the nonprofit rates regardless of the nonprofit status of the publishing organization if it is a:

a. Publication issued by and in the interest of an association of rural electric cooperatives.

b. Program announcement or guide published by an educational radio or television agency of a state or political subdivision thereof or by a nonprofit educational radio or television station.

c. Publication of the official highway or development agency of the state that meets the standards for a general publication in E212 and contains no advertising other than the publisher’s own advertising.

d. Conservation publication published by a state agency responsible for management and conservation of the fish or wildlife resources of that state.

3.2Eligibility Limitation

Only one publication (other than a requester publication) per qualifying organization may qualify for the Nonprofit rates under 3.1c or 3.1d.

4.0 Classroom Eligibility

4.1Authorization

To be mailed at the Classroom Periodicals rates, a publication must be granted Periodicals entry in other than the requester category and a Classroom rate authorization.

4.2Eligibility

Classroom rates apply only to educational, religious, or scientific publications designed for use in school classrooms or religious instruction classes.

4.3Other Rates

4.4Advertising/
Nonadvertising

5.0 Application

5.1Procedures

The Preferred rate discount is available only after USPS authorization. An application or written request for authorization as a Nonprofit or Classroom publication must be filed at the publication’s original entry post office. Application may be made by submitting an application for Periodicals mailing privileges (Form 3500) or by filing for reentry (on Form 3510) after Periodicals mailing privileges are authorized. The applicant must submit evidence to show eligibility under the corresponding standards in E270.

5.2Fee

No fee is required for an application to mail at a special Periodicals rate.

6.0 Mailing While Application Pending

6.1Mailing Before Approval

A publisher or news agent may not mail at a Periodicals Preferred rate or deduct the Preferred rate discount until the PCSC manager approves the application for such privilege. Until approval is given, postage must be paid at the Outside-County rates (if the publication is authorized), or at the applicable First-Class Mail, Standard Mail, or Package Services rates (if the publication or news agent is in a pending status for Periodicals mailing privileges).

6.2Postage Paid Record

If postage is paid through an advance deposit account, the USPS keeps a record of deposits and mailings made while the application for special rates is pending. The record is used to compute the difference between either the Outside-County rate postage paid for an authorized Periodicals publication, or the Standard Mail or Package Services postage paid before Periodicals mailing privileges are granted, and the applicable postage at the special rate. No record is kept if postage is paid at First-Class Mail rates or if postage is not paid by advance deposit account.

7.0 Decision on Application

7.1Ruling

The PCSC manager rules on special rate applications that are filed concurrently with an original entry application. The PCSC manager also rules on requests for special rates made on Form 3510 for publications authorized Periodicals mailing privileges.

7.2Additional Information

Before acting on an application, the 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.

7.3Effective Date

The authorization takes effect on the application date or the eligibility date, whichever is later.

7.4Refunds

Except as noted in 7.5, when an authorization for special rates is granted, the original entry postmaster refunds to the publisher the difference, if any, between the postage paid at the Outside-County Periodicals rates or deposited at Standard Mail or Package Services rates and the applicable special rates 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.

7.5No Refund

No refund is made for:

a. A denied or withdrawn application.

b. The period before the effective date of the authorization.

c. Postage paid at any rate other than the Periodicals rates.

d. Postage not paid by advance deposit account for which the required record was kept.

e. Postage at any rate affixed to copies of the publication.

f. Postage paid at Express Mail or First-Class Mail rates.

g. Postage on mailings not meeting the applicable standards for special Periodicals rates.

7.6Denying Application

If the application to mail at special rates is denied, the PCSC manager notifies the applicant in writing, giving the reasons for the denial. The denial takes effect 15 days from the publisher’s receipt of the denial, unless within that time the publisher appeals to the manager of Mailing Standards (see G043 for address). Before taking action, the manager of Mailing Standards may ask the publisher for more information or evidence to support the appeal. Failure to provide such information is sufficient grounds for denying the appeal. The manager of Mailing Standards issues the final agency decision.

DMM Issue 58 Updated 12-9-04