A publication may not be published under a frequency that provides for less than four issues each year.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) of this chapter.) 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 Office of Rates and Classification, for determination as to whether proceedings should be instituted to revoke the second-class mail privilege. (See § 132.8.)

(2) Issuance at 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.

(5) List of subscribers. Publications must have a legitimate list of persons who have subscribed by paying or promising to pay at a rate above nominal (see subparagraph (8) of this paragraph) for copies to be received during a stated time.

(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 second-class privileges.

(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 socities. (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 secondclass 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.

(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. Ine 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 and ZIP Code, 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 no post office at the place where published, the name of the post office where mailed must be shown as the office of publication. Ad

[35 F.R. 19427, Dec. 23, 1970, as amended at 36 F.R. 12171, June 26, 1971; 37 F.R. 17828, Sept. 1, 1972]

§ 132.3 Applications for second-class 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. 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 publication that meets the basic qualifications (see § 132.2(b)) 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 for second-class mail privileges for a publication of an institution or society (see § 132.2(c) of this chapter) that does not meet the basic qualifications at the post office of the place where the known office 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) 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, Office of Rates and Classification, Finance Department. 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, Office of Rates and Classification. 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, Record of Deposits Made While Second-class Application is Pending, and if secondclass privileges are authorized by the Director, Office of Rates and Classification, he will be instructed to return to the publishers or news agents the difference between the third- or fourth-class rates and the second-class 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 publication 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 this 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 § 132.1(b) (4). They must submit evidence that their publications are of the character and for the use stated and that more than 70 percent 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. 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 en

able the mailings to be effectively and economically handled in the postal transportation patterns.

(5) An application to deliver 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 Mail Classification Branch 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 verify the number of copies received directly from the publisher. Any significant increased noted at time of vertification or at any other time shall be reported to the entry office where the postage is paid.

(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 on Form 3510 at the new office, accompanied by two copies of the publication showing the name of the new office as the known office of publication. Copies of second-class publications will be accepted for mailing at the second-class postage rates during the time applications for their reentry are pending. Copies of Form 3510 may be obtained from local postmasters. An application for reentry is not required when only the ownership is changed unless the change disqualifies the publication for an entry which was authorized under § 132.2 (c).

(e) Fees. The fees to accompany applications for second-class original entry,

If an application is not approved, no part of the fee is returned to the applicant.

(f) Granting or denial of application. The Manager, Mail Classification Division, Finance Department, U.S. Postal Service, Washington, D.C., rules on all applications. If he grants the application, he notifies the postmaster at the office where the application for original entry was filed, who in turn notifies the applicant. Before taking action on an application, the Manager may call on the publisher for additional information or evidence to support or clarify the application. Failure of the publisher to furnish the information requested may be cause for denial of the application as incomplete or, on its face, not fulfilling the requirements for entry. If the Manager denies the application, he must notify the publisher specifying the reasons for the denial. The denial becomes effective in 15 days from receipt of the notice by the publisher unless the publisher appeals therefrom. See § 132.8(c).

[35 FR 19426, Dec. 23, 1970, as amended at 38 FR 16351, June 22, 1973]

§ 132.4 What may be mailed at the second-class rates.

(a) Complete copies. Copies of the regular issues containing all of the pages may be mailed at the applicable secondclass rates provided by § 132.1 (a) and (b) to subscribers, as samples (see § 132.4(f) (1) for limitation), and as provided for by § 132.2(c). The transient rate provided by § 132.1(c) applies to copies mailed to nonsubscribers and as excess samples. Copies which are not complete by reason of having pages or portions of pages removed must be

charged with postage at the applicable third- or fourth-class rates.

(b) Editions or issues. The following kinds of extra or special editions or issues may be mailed at the second-class rates: (1) Extra issues or editions issued for the purpose of communicating additional news and information received too late for insertion in the regular edition and not for advertising purposes.

(2) Separate editions of the issues of a second-class publication. Separate publications will not be accepted as editions.

(3) Issues containing annual reports, directories, lists, and similar text as a part of the contents, but the copies may not be distinguished from the regular issues by bearing designations which indicate they are annuals, directories, catalogs, yearbooks, or other types of separate publications. The regular annual subscription price must include the copies of such issues.

(c) Back numbers and reprints. The following kinds of back numbers and reprints may be mailed at the second-class rates:

(1) Unbound copies of back numbers as long as entry is in effect.

(2) Unbound reprint copies of daily publications printed within 1 week after the date of issue.

(3) Unbound reprint copies of other than daily publications printed before the next issue is printed.

Other reprints and bound back numbers are charged with postage at any applicable third- or fourth-class rates.

(d) Supplements. Issues may include supplements subject to the following conditions:

(1) The supplement must be germane to the issue, and prepared in order to complete it, having been omitted for want of space, time, or greater convent ence.

(2) Publishers must be paid at advertising rates and charges for carrying preprinted advertising supplements germane to the issue which are furnished to them by advertisers or others.

(3) Publications which are distinct from and independent of the regular issue, such as catalogs, curculars, handbills, posters, and other special advertisements, and which are, therefore, not germane to the issue, may not be inserted as supplements.

(4) A supplement must bear the title of the publication preceded by the words "Supplement to."