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(8) Nominal rate publications. Publications designed primarily for circulation at nominal rates may not qualify for second-class privileges. They include those for which subscriptions are sold:
(i) At a token subscription price that is so low that it cannot be considered a material consideration.
(ii) At a reduction to the subscriber, under a premium offer or any other arrangements, of more than 50 percent of the regular advertised annual subscription price. The value of a premium is considered to be its actual cost to the publisher, the recognized retail value, or the represented value, whichever is highest.
(c) Publications of institutions and societies. (1) Publications that do not have subscribers and that are issued as follows may contain only the publishers' own advertising and not under any conditions the advertising of other persons, institutions, or concerns: By a regularly incorporated institution of learning, a regularly established State institution of learning supported in whole or in part by public taxation, including bulletins issued by State boards of health, State conservation and fish and game agencies or departments, and State boards or departments of public charities and corrections.
(2) Publications that do not have subscribers and that are issued as follows may contain only the publishers' own advertising: By or under the auspices of a benevolent or fraternal society or order organized under the lodge system and having an actual membership of not less than 1,000 persons, or of a trades-union; or as the publications of strictly professional, literary, historical, or scientific societies; or by churches and church organizations. These publications may also contain advertising of other persons, institutions, or concerns, under the following conditions:
(i) The publication must not be de signed or published primarily for advertising purposes.
(ii) The publication must be originated and published to further the objects and purposes of the society.
(iii) The circulation must be limited to copies mailed to members who pay either as a part of their dues or assessments, or otherwise, not less than 50
percent of the regular subscription price; to other actual subscribers; to exchanges; and 10 percent of such circulation as sample copies.
(iv) When members pay for their subscriptions as a part of their dues or assessments, individual subscriptions or receipts are not required.
(3) Periodical publications issued by State departments of agriculture may not contain advertising and must be published for the purpose of furthering the objects of the departments.
(4) Foreign newspapers and periodicals must be of the same general character as those classified as second-class in the United States, and must not violate any copyright granted by the United States.
(d) Identification statements in copies. Copies of publications must be identified as second-class mail by having the following items printed on one of the first five pages in a position where they may be easily located by postal employees and other interested persons:
(1) Name of publication: The name of the publication must be shown on the front in a position and in a style and size of type that will make it clearly distinguishable from the name of the publisher or other items on the front.
(2) Date of issue.
(4) Issue number: The copies of each issue must be numbered consecutively. The consecutive numbering of published Issues may not be broken by assigning numbers to issues unavoidably omitted.
(5) Subscription price if the publication has one.
(6) Name of known office or place of publication, including street and number when there is letter-carrier service, must be printed in a position or in a style and size of type or with a designation that will make it clearly distinguishable from the names of other offices of the publication. When there is not a post office at the place where published, the name of the post office where mailed must be shown as the office or place of publication.
(7) Notice of second-class entry reading: Second-class mail privileges authorized at --
(8) Notice of pending application, when copies are mailed under a temporary permit, reading: Application for
second-class mail privileges is pending
(19 F. R. 7780, Dec. 1, 1954, as amended at 20 F. R. 7835, Oct. 19, 1955)
$ 22.3 Applications for second-class privileges-(a) Applications for publications and news agents that do not have second-class privileges. An application must be filed by the publisher before a publication may be mailed at the secondclass rates. Two copies of the issue described in the application must also be filed. If the publication is printed in a foreign language, a brief translation of the contents of the copies must be furnished. A synopsis of each article and advertisement is usually sufficient. News agents must file applications before they may mail second-class publications at the second-class rates. Copies of all application forms may be obtained from local postmasters. The headings on the forms describe what information must be furnished by publishers and news agents. Use the following forms:
(1) File application Form 3501 for second-class mail privileges for a public cation that meets the basic qualifications at the post office of the place where the known place of publication is located.
(2) File application Form 3501-B for second-class mail privileges for a public cation of an institution or society that does not meet the basic qualifications at the post office of the place where the known place of publication is located.
(3) File application Form 3501-A for permission to mail foreign publications in the United States at the post office at which the copies are to be mailed.
(4) File application Form 3501-A for registry of a person or firm as a news agent with the privilege of mailing second-class publications at the post office where mailings are to be made.
(b) Temporary acceptance after application has been siled. While an application is pending, mailings of a publication may be made by either publishers or news agents under a temporary permit. The postmaster will issue the permit on Form 3503. Money must be deposited with the postmaster to cover postage at third- or fourth-class rates on the mailings. If second-class privileges are authorized, postage at the second-class rates will be deducted from the deposits, and the balance will be returned to the publisher or news agent. If second-class mail privileges are not authorized, post
age at third- or fourth-class rates will be deducted from the deposits, and the balance, if any, will be returned to the publisher or news agent.
(c) Applications for publications that have second-class privileges. After a publication has obtained second-class mail privileges, applications may be filed for the following additional privileges:
(1) Publishers of newspapers or periodicals of nonprofit religious, educational, scientific, philanthropic, agricultural, labor, veterans, or fraternal organizations or associations may file applications by letter to the postmaster for the special rate. They must also submit evidence to establish their nonprofit status.
(2) Publishers of religious, educational, or scientific publications designed for use in school classrooms or in religious instruction classes may file applications by letter to the postmaster for exemption from the 30 percent increase in rates applicable to other publications, showing that their publications are of this character and for the uses stated.
(3) If a publisher desires to mail copies at another office in addition to the one where he has second-class mail privileges, he may file a written application stating the approximate number and weight of copies to be mailed at the additional office, and the territory to be served. A form is not provided for this kind of application. The application must be filed at the office where the second-class mail privileges were originally obtained. If the additional entry is authorized, all copies for delivery at the original office must be mailed there, and all copies for delivery at the additional office must be mailed at that office.
(4) An application to deliver copies of a second-class publication at the publishers' expense and risk to other post offices or elsewhere may be filed by the publisher at the ofice where the publication has second-class mail privileges. A form is not provided for this kind of application.
(d) Reentry because of change in name, frequency, or location. When the name or frequency is changed, an application for reentry must be filed on Form 3510 at the post office of original entry, accompanied by two copies of the publication showing the new name or frequency. When the location is changed,
an application for reentry must be filed prints may be mailed at the second-class on Form 3510 at the new office, accom- rates: panied by two copies of the publication (1) Unbound copies of back numbers
wing the name of the new office as as long as entry is in effect. the known office or place of publication.
(2) Unbound reprint copies of daily Copies of Form 3510 may be obtained
publications printed within one week from local postmasters.
after the date of issue. (e) Fees. The fees to accompany ap
(3) Unbound reprint copies of other plications for second-class original entry,
than daily publications printed before reentry, or additional entry, or for reg
the next issue is printed. istration as a news agent, are:
Other reprints and bound back numbers Kind
are charged with postage at the thirdOriginal entry-circulation not more than 2,000.--
or fourth-class rates. Original entry-circulation 2,001 to
(d) Supplements. (1) Issues may in5,000.------
50 clude supplements subject to the followOriginal entry_circulation 5,001 and
ing conditions: over -------------
100 News-agent registry---
(i) The supplement must be germane
20 Reentry because of change in title, fre
to the issue, and prepared in order to quency of issue, office of publication,
complete it, having been omitted for or other reasons.---
10 want of space, time, or greater convenAdditional entry-----
ience. If an application for original second (ii) A supplement must bear the title class entry is denied, one-half of the fee of the publication preceded by the words is returned to the publisher.
“Supplement to" and the date of the (19 F. R. 7781, Dec. 1, 1954, as amended at regular issue. 20 F. R. 3912, June 4, 1955]
(iii) Supplements must be folded and $ 22.4 What may be mailed at the mailed with the regular issue. second-class rates—(a) Complete copies. (2) Enclosures that may be accepted Copies of the regular issues containing as supplements include: all of the pages may be mailed at the (i) Legal notices such as statutes, second-class rates. Incomplete copies
ordinances, proceedings of public boards having pages or portions of pages re
or conventions, tax rates, and delinquent moved must be charged with postage at tax lists, required by law to be published, the third- or fourth-class rates.
may be mailed as supplements even (b) Editions or issues. The following though the publisher is paid for printkinds of extra or special editions or is ing the notices. sues may be mailed at the second-class (ii) Maps, diagrams, and illustrations rates:
that form a necessary part of a publica(1) Extra issues or editions issued for tion may be either loose or attached and the purpose of communicating additional need not bear the words “Supplement news and information received too late for insertion in the regular edition and (3) Enclosures that may not be acnot for advertising purposes.
cepted as supplements include: (2) Separate editions of the issues of a (i) Independent publications entirely second-class publication. Separate pub distinct from and independent of the lications will not be accepted as editions. regular issue and complete in themselves.
(3) Special issues containing annual (ii) Circulars, handbills, posters, and reports, directories, lists, and similar text other third-class mail. but the copies may not be distinguished (iii) Advertising pages, or pages confrom the regular issues by bearing desig taining advertising and nonadvertising, nations which indicate they are annuals, issued by or for advertisers. directories, catalogs, yearbooks, or (e) Parts or sections. (1) The reguother types of separate publications. lar pages of publications may be preThe regular annual subscription price pared in parts or sections. Enclosures must include the copies of the special prohibited as supplements may not be issues.
prepared as parts or sections. (c) Back numbers and reprints. The (2) Each part or section must show following kinds of back numbers and re- the title of the publication.
(3) The number of parts or sections in which the issue is published must be stated on the first page of the first part or section.
(4) Publishers must pay at a rate that is not nominal for parts or sections produced by others. The parts or sections may not be issued by or for advertisers. Publishers must submit to the Bureau of Post Office Operations. Division of Mail Classification, contracts entered into with producers of parts or sections.
(f) Copies not paid for by the addressee-(1) Sample copies. (i) Complete copies of regular issues or editions may be mailed as samples at the secondclass pound rates.
(ii) Samples may be mailed at any time during a calendar year to the extent of 10 percent of the total estimated weight of copies to be mailed to subscribers during the calendar year.
(iii) The words “Sample Copy" must be shown on the address side of the envelopes or wrappers or the outside cover of unwrapped copies.
(iv) Samples may not be accepted free of postage under the free-incounty mailing privilege.
(v) The transient second-class rate must be paid on samples mailed in excess of the 10 percent limit.
(vi) Copies mailed for advertising purposes under arrangements with advertisers or others and copies mailed by a publisher acting as an agent for an advertiser may not be mailed as samples.
(2) Copies paid for by advertisers. Copies paid for by advertisers or others for advertising purposes, may be mailed only at the transient second-class rate. When copies are being furnished free to the addressees, publishers may be required to inform the postmaster the purpose for sending the copies, the amount that the publisher received for the copies, and whether the purchaser is an advertiser.
(3) Copies paid for as gifts. A minor portion of the subscription list may consist of persons whose subscriptions were paid for as gifts. Subscriptions paid for by advertisers or other interested persons to promote their own interests are not gift subscriptions.
(4) Exchange copies. A minor portion of the subscription list may consist of publishers to whom exchange copies are sent, one copy for another.
(5) Expired subscriptions. Copies will be accepted at the pound rates of postage for a period of 6 months after a subscription has expired, if the publisher attempts during the 6 months to obtain payment or a promise to pay for a renewal. Postage at the transient secondclass rate will be charged on copies sent after 6 months to persons who have not renewed.
(6) Advertisers' proof copies. One complete copy of each issue may be mailed at the pound rates to each advertiser in the issue to prove that the advertisements have been printed.
(7) Mailed by printer. Copies sent by a printer to a publisher are chargeable with postage at the third-or fourth-class rate, whichever is applicable, according to the physical characteristics of the publication and the weight of the package or parcel.
(g) Advertiser's proof sheets. Single sheets or portions of sheets sent to an advertiser or his agent as proof of insertion of an advertisement must be enclosed in unsealed envelopes or wrappers bearing in the upper left corner the printed inscription "Advertiser's proof copy" and in the upper right corner a notice of second-class entry.
(h) Enclosures, additions, and novelty pages-(1) Enclosures. Bills, receipts, and orders for subscriptions may be enclosed either loose or bound in. No other enclosures are permitted. They may show only the name of the publication, place where published, subscription price, and the amount of the subscription due. They may be prepared in the following ways:
(i) They may be either printed or written.
(ii) They may be printed on cards and envelopes including business replies, and may be arranged with coin receptacles.
(iii) They may be prepared as combination forms for two or more secondclass publications issued by the same publishers.
(2) Additions. Additions consist of words that may be added to the copies after they are printed or that may be placed on the envelopes or wrappers in which the copies are mailed. Only the following additions may be made:
(i) Name and address of the person to whom copies are sent.
(ii) Index figures of subscription book, either printed or written.
(iii) Printed title of publication and place of its publication.
(iv) Printed or written name and address without addition of advertisement of the publisher or sender, or both.
(V) Written or printed words or figures, or both, indicating the date on which the subscription will end.
(vi) Correction of any typographical error:
(vii) A mark, except by written or printed words, to designate a word or passage to which it is desired to call attention.
(viii) The words “Sample Copy” when the copies are sent as samples.
(ix) The words “Marked Copy" when the copies contain a marked item or article.
(x) A pledge to pay forwarding or return postage on copies undeliverable as addressed.
(xi) The number of copies enclosed may be shown on the wrapper or face of a package.
(3) Novelty pages. Novelty pages are printed sheets that may be used for purposes other than reading, or printed sheets with novel characteristics. Blank sheets may not be carried as pages. The total number of novelty pages in the copies may constitute only a minor portion of the total pages. An excessive use of novelty pages may give a publication the characteristics, both as to format and purpose, of books, catalogs, or other third- or fourth-class mail. The following kinds of pages are examples of novelty pages that may be included in second-class publications:
(i) Printed pages bearing words, perforations, or symbols indicating they are for detachment.
(ii) Pages having printed pictures for cutting out.
(iii) Printed pages having blank spaces for writing or marking in.
(iv) Pages having printed illustrations pasted to them.
(v) Pages with coupons or application or order forms occupying not more than one-half of the page.
(i) Advertisements. All advertising pages in periodicals must be permanent ly attached. The pages may be die-cut or deckle-edged, and prepared for folding out horizontally, vertically, or both.
Different advertisements may occupy the same space in different copies of the same issue. (19 F. R. 7782, Dec. 1, 1954, as amended at 20 F. R. 3912, June 4, 1955)
$ 22.5 Second-class mailing privilege for news agents—(a) Definition, News agents are persons or concerns engaged in selling two or more second-class publications published by more than one publisher.
(b) Information required from news agents. News agents must furnish postmasters evidence that copies of publications offered for mailing are entitled to second-class postage rates, and that they are sent to actual subscribers or to other news agents for the purpose of sale. A printed notice of second-class entry in the copies is sufficient evidence that a publication is entitled to be mailed at second-class rates. The addresses on bulk packages must show that the packages are sent to other news agents.
(c) Remailing without payment of postage. A news agent may not remove packages of copies from a post office, write an address on each copy, and return them to the office for dispatch or delivery without paying additional postage, except when the publication is entitled to free-in-county mail privileges.
(d) When subject to transient second class rates. Unsold copies returned to publishers or other news agents, or copies sent to other news agents except for purpose of sale, or to persons not having subscriptions with the news agent, are subject to the transient second-class rate.
(e) Return of portions of unsold publications. The head or small portions of publications returned to publishers to show that copies have not been sold are subject to postage at third- or fourthclass rates according to weight. (19 F. R. 7783, Dec. 1, 1954)
$ 22.6 Sworn ownership and circulation statements-(a) Filing and publishing. The editor, publisher, business manager, or owner must file, in duplicate, not later than October 1 of each year on Form 3526 a sworn statement showing the ownership and management of their publication. The statement must be published in the second issue of the publication printed next after the statement has been filed. Copies of Form 3526 are furnished by the local postmaster. The two copies of Form 3526 and one copy of the issue in which