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means for any purpose: Zones 1 and 2 4.2 cents per pound on the advertising portion. Rates in subparagraph (1) of this paragraph apply for nonadvertising portions and for advertising in copies to other zones.

(4) Science of Agriculture publications. The rate for zones 1 and 2 is 4.2 cents per pound on the advertising portion of publications devoted to promoting the science of agriculture when the total number of copies furnished during any 12-month period to subscribers residing in rural areas consists of at least 70 per centum of the total number of copies distributed by any means for any purpose. The rate on the nonadvertising portion for all zones and the minimum charges per piece are shown in subparagraph (1) (i) and (ii) of this paragraph. The rates for zones 3, 4, 5, 6, 7, and 8 on the advertising portion are shown in subparagraph (1)(i) of this paragraph. (c) Transient rate. Copies mailed by 5 public.

Sample copies in ex

cess of 10 percent
allowance.

Copies to persons

not included in list of subscribers.]

cents for first 2 ounces; 1 cent for each additional

ounce or fraction thereof, or the fourth-class rate, whichever is lower.

(d) Second-class rates to other countries. See 222.4(a) (1) (iii) of this chapter.

(e) Computation of postage charges. The pound rates for both within (paragraph (a) (1) (i) of this section) and outside (paragraph (b) (1) (i) of this section) the county of publication are computed on the bulk weight of a mailing. The minimum charges per piece for both within (paragraph (a) (1) (ii) of this section) and outside (paragraph (b)(1) (ii) of this section) the county of publication are computed on individually addressed pieces consisting either of single copies or packages containing unaddressed copies. When two or more unaddressed copies are mailed in a package, the package is considered as one piece. If the total postage computed at the pound rates for within or outside the county of publication does not equal or exceed the total postage computed at the applicable minimum charge per piece for within or outside the county of publication respectively, postage must be collected at the minimum charge per piece. Packages of unaddressed copies which by reason of their heavy weight are not subject to the minimum charges

per piece should not be declared on the same Form 3542, Statement Showing Number of Copies of Second-Class or Controlled Circulation Publication Mailed, with individually addressed single copies which are subject to the minimum charges per piece; such packages should be declared on a separate Form 3542.

(f) Weight limits. There is no limit of weight for second-class mail to domestic destinations. See § 222.4(b) of this chapter for weight limits to other countries.

(g) Who pays. Postage at the transient rate must be paid on all copies mailed by the general public. Only publishers and registered news agents may mail at the other second-class rates.

[33 F.R. 12280, Aug. 31, 1968 as amended at 34 F.R. 13869, Aug. 29, 1969]

§ 132.2 Qualifications for second-class

privileges.

(a) What may qualify—(1) Mailable publications. Only newspapers and other periodical publications may be mailed at the second-class rates. The copies may not contain obscene, treasonable, lottery, or other kinds of material that would cause them to be nonmailable under the provisions of Part 124 of this chapter.

(2) With or without general advertising. All publications that meet the basic qualifications explained in paragraph (b) of this section may carry general advertising. The publications of the institutions and societies specifically named in paragraph (c) of this section must meet all the basic qualifications except the requirement of a paid subscription list. They are excused from having a paid list only when they do not carry general advertising. Those which carry general advertising must have a paid list.

(b) Basic qualifications—(1) Regular issuance. Publishers must determine the number of issues they will publish each year and adopt a statement of frequency that will show at what regular intervals the issues will appear. Examples of statements of frequency are:

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A publication may not be published under a frequency that provides for less than four issues each year. Issues must be published regularly as called for by the statement of frequency. Publishers may change the number of issues scheduled and adopt a new statement of frequency by filing an application for second-class reentry. (See § 132.3(d)). When a publication fails to maintain regular issuance in accordance with its stated frequency, the postmaster will inform the publisher of the requirements and request compliance. If irregular issuance continues, or if the publication is discontinued, the postmaster will report all the facts, including the publisher's current mailing address, to the Classification and Special Services Division for determination as to whether proceedings should be instituted to revoke the second-class privilege. (See § 132.8.)

(2) Issuance of known office. Publications must be issued and mailed at a known office of publication. A known office of publication is a public office where the business of the publication is transacted during the usual business hours. The office must be maintained at the place where the publication has been granted original second-class mail privileges. Offices for the transaction of business may be maintained at more than one place, but mailings may be accepted at the second-class pound rates only at the post offices where original or additional mail privileges have been authorized.

(3) Preparation. Publications must be formed of printed sheets. They may not be reproduced by stencil, mimeograph, or hectograph processes or reproduced in imitation of typewriting. Reproduction by stencil, mimeograph, or hectograph processes is reproduction in imitation of typewriting and is not permissible. Reproduction by any other printing process is permissible. Any style of type may be used.

(4) Contents. Publications must be originated and published for the purpose of disseminating information of a public character, or they must be devoted to literature, the sciences, art, or some special industry.

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(6) Advertising publications. Publications designed primarily for advertising purposes may not qualify for secondclass privileges. They include:

(i) Those having advertising in excess of 75 percent in more than one-half of their issues during any 12-month period.

(ii) Those owned or controlled by individuals or business concerns and conducted as an auxiliary to and essentially for the advancement of the main business or calling of those who own or control them.

(iii) Those that consist principally of advertising and editorial write-ups of the advertisers.

(iv) Those that consist principally of advertising and that have only a token list of subscribers, the circulation being mainly free.

(v) Those that have only a token list of subscribers and that print advertisements free for advertisers who pay for copies to be sent to a list of persons furnished by the advertisers.

(vi) Those published under a license from individuals or institutions and that feature other businesses of the licensor. (7) Free circulation publications. Publications designed primarily for free circulation may not qualify for secondclass privileges. Publications are designed primarily for free circulation when the total number of copies furnished during any 12-month period to legitimate paid subscribers (see subparagraph (5) of this paragraph) and to the purchasers of single copies constitutes less than 65 per centum of the total number of copies distributed by mail at the second-class pound rates or the transient rate, by the publishers' carriers, and by other means for any purpose. See § 132.3 (a) (1).

(8) Nominal rate publications. Publications designed primarily for circulation at nominal rates may not qualify for second-class privileges. Persons whose subscriptions are obtained at a nominal rate shall not be included as a part of the legitimate list of subscribers required by subparagraph (5) of this paragraph. Copies sent in fulfillment of subscriptions obtained at a nominal rate must be charged with postage at the transient rate (see § 132.1(c)). Nominal rate subscriptions include those which 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 amount charged at the basic annual rate for a subscription which entitles the subscriber to receive one copy of each issue published during the subscription period. 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, by 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 industrial development agencies, State conservation and fish and game agencies or departments, and State boards or departments of public charities and corrections, and by a public or nonprofit private elementary or secondary institution of learning or its administrative or governing body and program announcements or guides published by an educational radio or television agency of a State or political subdivision thereof or by a nonprofit educational radio or television station.

(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 designed 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.

(d) Foreign newspapers and periodicals. Foreign newspapers and other periodicals of the same general character as domestic publications entered as second class mail may be accepted by the Postmaster General, on application of the publishers thereof or their agents, for transmission through the mail at the same rates as if published in the United States. This section does not authorize the transmission through the mail of a publication which violates a copyright granted by the United States. (39 U.S.C. 4353.)

(e) 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.

(3) Statement of frequency.

(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 of publication, including ZIP code, and 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 no post office at the place where published, the name of the post office where mailed must be shown as the office of publication. Addresses in mastheads and date lines must be printed so they will clearly

show where change of address notices, undeliverable copies, orders for subscriptions, and other mail items are to be sent. See § 126.2(f) of this chapter.

(7) Second-class imprint, reading: Second-class postage paid at

When a publication is mailed at two or more offices the imprint must read Second-class postage paid at.

and at additional mailing offices.

(8) Notice of pending application, when copies are mailed while an application is pending, reading: Application to mail at second-class postage rates is pending at

[26 F.R. 11541, Dec. 6, 1961, as amended at 27 F.R. 6976, July 24, 1962; 29 F.R. 562, Jan. 23, 1964; 29 F.R. 16125, Dec. 3, 1964; 30 F.R. 8224, June 26, 1965; 31 F.R. 476, Jan. 14, 1966; 32 F.R. 3019, Feb. 17, 1967; 32 F.R. 10436, July 15, 1967; 33 F.R. 12281, Aug. 31, 1968. Redesignated at 31 F.R. 15350, Dec. 8, 1966] § 132.3 for second-class

Application

privileges.

(a) Applications for publications and news agents that do not have secondclass privileges. An application must be filed by the publisher before a publication may be mailed at the second-class rates. Two copies of the issue described in the application must also be filed. When one-half or more of the total copies distributed are purchased by news agents for resale or are consigned to news agents for sale, two copies each of at least four issues must be filed before an application is either approved or disapproved, to demonstrate compliance with the requirement for regular issuance at least four times each year. See § 132.2(b) (1). 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 secondclass 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, "Application for Second-Class Mail Privileges", for second-class mail privileges for a publication that meets the basic qualifications at the post office of the

place where the known office of publication is located. When one-half or more of the total copies distributed are purchased by news agents for resale, or are consigned to news agents for sale, postmasters will not accept an application on Form 3501, unless the publisher has completed the application by furnishing all of the information called for by questions 30 and 31.

(2) File application Form 3502, “Application for Second-Class Mail Privileges", for second-class mail privileges for a publication 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, "Application to Mail Publications at Second-Class Rates", 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) Acceptance after application is filed. Publishers or news agents may not mail at the second-class rates until the application for second-class privileges is approved by the Director, Classification and Special Services Division, Bureau of Operations. See paragraph (f) of this section. Postmasters may not accept mailings at the second-class rates until they receive a written authorization from the Director, Classification and Special Services Division. Postage at the applicable third- or fourth-class rates may be paid in money on mailings made while an application is pending. The postmaster will keep a record of such mailings on Form 3503, "Temporary Permit Conditionally Accepting Newspapers and Other Publications for Mailing in the Manner in Which SecondClass Matter Is Mailed", and if secondclass privileges are authorized by the Director, Classification and Special Services Division, he will be instructed to return to the publishers or news agents the difference between the thirdor fourth-class rates and the secondclass rates. Form 3503 will not be kept and the difference will not be returned when postage is paid by stamps affixed.

(c) Applications for publications that have second-class privileges. After a pub

lication has obtained second-class mail privileges, applications may be filed for the following additional privileges:

(1) Publishers of newspapers or periodicals of those nonprofit organizations and associations listed in § 132.1(b) (2) may file applications by letter to the postmaster for the special rate. They must submit evidence to establish their nonprofit status and to show that they come within one of the categories stated.

(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 the special rates for such publications. See § 132.1 (b) (3). They must also submit evidence showing that their publications are of the character and for the uses stated.

(3) Publishers of publications designed to promote the science of agriculture may file applications by letter to the postmaster for the special zones 1 and 2 advertising rate of 4.2 cents per pound. See § 132.11(b) (4). They must submit evidence that their publications are of the character and for the use stated and that more than 70 per centum of the copies distributed by any means for any purpose during any 12-month period are to subscribers residing in rural areas.

(4) A publisher may apply for permission to mail at additional entry post offices any copies except those which are for delivery at the post office where the publication has been granted original second-class entry and mail privileges. A written application for an additional entry must be filed by the publisher at the post office where the publication has original second-class entry. A form is not provided for this kind of application. See paragraph (e) of this section for fees required. The application must include the following information:

(i) Name of publication.
(ii) Frequency of issue.

(iii) Name of place where the publication is printed.

(iv) Name of the additional entry post office.

(v) Approximate number and weight of copies to be mailed at the additional entry office.

(vi) Specific geographical area to be served from the additional entry office (the geographical area served by the additional entry office must include the

entire local delivery area of the additional entry office).

An additional entry will be authorized at a post office located in the same county in which the office of original entry is located only when the publication is entirely or partly produced or prepared for mailing at the additional entry office (see subparagraph (5) of this paragraph for available exceptional dispatch privileges). An additional entry will be authorized only at a post office served by transportation facilities which will enable the mailings to be effectively and economically handled in the postal transportation patterns.

(5) An application to delivery copies of a second-class publication at the publishers' expense and risk from the post office of original entry or an additional entry post office to other post offices or elsewhere may be filed by the publisher at the office of original or additional entry where the postage is paid on the copies which will be transported. A form is not provided for this kind of application. The postmasters at the office of original or additional second-class entry will approve or disapprove applications on the basis of whether such exceptional dispatch will improve service. They will notify other post offices concerned and the Regional Director of approved arrangements and include a list showing how the sacks or outside bundles are to be labeled and the approximate number of copies. Only after notification by the postmaster at the entry office where the postage is paid shall copies be accepted at another office directly from the publisher. At least once each 6 months the accepting postmaster shall vertify the number of copies received directly from the publisher. Any significant increase noted at time of verification or at any other time shall be reported to the entry office where the postage is paid.

(d) Reentry because of change in When name, frequency, or location. the name or frequency is changed, an application for reentry must be filed on Form 3510 "Application for Reentry of Second-Class Publication", 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 on Form

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