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REPORT TO THE CONGRESS:
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AUTHORITY OF THE UNITED STATES POSTAL SERVICE TO INTRODUCE NEW
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PRODUCTS AND SERVICES AND TO ENTER INTO RATE AND SERVICE AGREEMENTS
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WITH INDIVIDUAL CUSTOMERS OR GROUPS OF CUSTOMERS
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UNITED STATES OF AMERICA POSTAL RATE COMMISSION
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February 11, 2002
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POSTAL RATE COMMISSION Memorandum
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February 11, 2002
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TO: Senate Committee on Appropriations House Committee on
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Appropriations Senate Committee on Governmental Affairs House
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Committee on Government Reform
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SUBJECT: Report to the Congress on Authority of the United
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States Postal Service to Introduce Innovative Products and Services
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and to Enter into Rate and Service Agreements
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In accordance with the direction of the Joint Committee of
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Conference concerning the 2002 appropriation for the Postal
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Service, the Postal Rate Commission hereby transmits its report on
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the scope of existing authority of the United States Postal Service
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under current postal laws and regulations to introduce new products
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and services and to enter into negotiated service agreements with
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individual customers or groups of customers.
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RESPECTFULLY SUBMITTED,
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George A. Omas, Chairman
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Ruth Y. Goldway, Vice Chairman
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Dana B. Covington, Sr., Commissioner
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REPORT TO THE CONGRESS:
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35
APPENDIX
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Postal Service Product Innovations and Special-Purpose Mail
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Classification Changes Reviewed by the Postal Rate Commission Since
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January 1, 2000
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I. SUMMARY
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This report provides an analysis of the United States Postal
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Service's current legal authority to: (1) introduce and provide new
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products and services; and (2) enter into negotiated service
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agreements with individual customers. This report also includes
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background on the use of such authority within the past two
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years.
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The Commission's analysis of existing postal law yields the
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following conclusions:
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The Postal Reorganization Act of 1970 gives the United
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States Postal Service a clear mandate to innovate by developing
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effective and efficient services adapted to the needs of the
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Nation's mail users.
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The mechanism for implementing innovations in domestic
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mail services is the joint authority shared by the Postal Service
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and the Postal Rate Commission to adopt new mail classifications
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under 39 U.S.C. §§ 3623 through 3625.
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64
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The Postal Rate Commission has developed specialized
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procedural rules that provide for expeditious consideration of
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proposed service innovations in a manner consistent with the due
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process rights of other interested persons.
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Negotiated Service Agreements (NSAs) or "niche
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classifications" are rate and service adjustments arranged by the
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Postal Service and potential users that are legally permissible,
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provided that:
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❶ The proposal is reviewed in a public proceeding, as the
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Reorganization Act requires;
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❷ The agreed-upon rate and service changes will work to the
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mutual benefit of mail users and the postal system as a whole;
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and
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❸ The negotiated rate-and-service package is made available on
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the same terms to other potential users willing to meet the same
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conditions of service.
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II. BACKGROUND AND SCOPE OF ANALYSIS
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In joint deliberations on appropriations for the United States
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Postal Service and certain other agencies and departments for
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Fiscal Year 2002, the committee of conference directed both the
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Postal Service and the Postal Rate Commission to prepare reports on
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particular areas of the Postal Service's authority under existing
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law.1 Specifically, the conferees directed:
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…both the United States Postal Service and the Postal Rate
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Commission to independently report, 90 days after enactment of this
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Act, on the scope of existing authority of the US Postal Service,
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under title 39, United States Code, and title 39, Code of Federal
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Regulations, to introduce and provide new products and services
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(including the introduction and provision of new products and
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service on an experimental or market test basis) and to enter into
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negotiated service agreements with individual customers or groups
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of customers. Such reports shall include background on the use of
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such authority within the past 24 months and shall be provided to
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the Committees on Appropriations, the Senate Committee on
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Governmental Affairs, and the House Committee on Government
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Reform.
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H. R. CONF. REP. NO. 107-253, 107th Cong., 1st Sess. 59 (2001).
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As directed, the Commission submits this report to the Senate and
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House of Representatives Committees on Appropriations, the Senate
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Committee on Governmental Affairs, and the House Committee on
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Government Reform.
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The report is presented in three sections. The first outlines
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the Postal Service's current legal authority to introduce new
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products and services, the role of the Postal Rate Commission in
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that process, and the procedural mechanisms available for expedited
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approval of such innovations. The second section addresses the same
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topics in connection with Negotiated Service Agreements (NSAs),
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so-called "niche classifications," which are special service and
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rate arrangements negotiated between the Postal Service and a
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particular mailer or groups of mailers with features tailored to
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their use of the postal system. Finally, an appendix to the report
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summarizes recent
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1 The amended bill produced by the conference committee was
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enacted as Pub. L. No. 107-67, 115 Stat. 514 (2001).
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Commission proceedings in which the Postal Service has sought to
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introduce service innovations-some of them customized for
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particular groups of mailers-on an expedited basis.
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III. POSTAL SERVICE AUTHORITY TO DEVELOP, INTRODUCE AND PROVIDE
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NEW PRODUCTS AND SERVICES
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133
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A. Innovation under the Postal Reorganization Act
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While pre-existing law afforded limited opportunities for postal
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innovation,2 the Postal Reorganization Act of 1970 gave the
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newly-created United States Postal Service a clear mandate to
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innovate by developing effective and efficient services adapted to
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the needs of the Nation's mail users. Section 101(a) of Title 39
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establishes the Postal Service's paramount obligation "to provide
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postal services to bind the Nation together through the personal,
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educational, literary, and business correspondence of the people."
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The same section establishes the performance criterion that the
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Postal Service is expected to achieve as a matter of postal policy:
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"It shall provide prompt, reliable, and efficient services to
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patrons in all areas and . . . all communities." Similarly, §
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403(a) assigns the Postal Service the duty to "plan, develop,
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promote, and provide adequate and efficient postal services at fair
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and reasonable rates and fees." The Act fosters service innovation
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by assigning the Postal Service responsibility "to provide types of
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mail service to meet the needs of different categories of mail and
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mail users[.]" 39
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U.S.C. § 403(b)(2).
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The Reorganization Act grants the Postal Service specific powers
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that serve as the operational tools of service innovation. Section
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404 of Title 39 grants the Postal Service plenary authority over
157
custody of the mail and its movement [§ 404(a)(1)]; over the
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deployment of post offices, other facilities, and equipment [§
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404(a)(3)]; and over the means by which stamps and other postage
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are sold [§ 404(a)(4) and (5)]. The same section also authorizes
161
the Postal Service "to provide, establish, change, or abolish
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special nonpostal or similar services[.]" 39 U.S.C. §
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404(a)(6).
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Conclusion: The Postal Reorganization Act of 1970 clearly
165
mandates that the Postal Service innovate by developing effective
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and efficient postal services adapted to the needs of the Nation's
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mail users.
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2 Former 39 U.S.C. § 504(a) authorized the Postmaster General to
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maintain a research and development program, and to conduct
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experiments to enhance the operational efficiency and economy of
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the postal system.
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B. Commission Review of Proposed Changes in Domestic Mail
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Classifications
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Prior to 1970, the array of mail services provided by the Post
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Office Department was codified as part of Title 39.3 The
178
Reorganization Act replaced this statutory codification of postal
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services with an administrative process in which the Governors of
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the Postal Service establish, and the Postal Rate Commission
181
reviews proposed changes in, the terms and conditions of postal
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services, which are compiled as the Domestic Mail Classification
183
Schedule (or "DMCS").4
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Section 3621 of Title 39 provides that "the Governors are
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authorized to establish reasonable and equitable classes of mail .
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. . in accordance with the provisions of this chapter." Section
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3623(a) directs the Postal Service to file a request with the
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Postal Rate Commission for a recommended decision on establishing a
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mail classification schedule within two years of the Reorganization
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Act's effective date. The Postal Service complied with this
191
requirement early in 1973, and a Domestic Mail Classification
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Schedule recommended by the Commission became effective on July 6,
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1976.5
194
Following establishment of this initial mail classification
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schedule, § 3623(b) provides that the Postal Service "may from time
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to time request that the Commission submit, or the Commission may
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submit to the Governors on its own initiative, a recommended
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decision on changes in the mail classification schedule."
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Deliberations on proposed mail classification changes follow
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proceedings in which an opportunity for on the record hearings is
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afforded to mail users and an officer of the Commission required to
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represent the interests of the general public. 39 U.S.C. § 3624(a).
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The Commission's procedural rules governing proposed changes in the
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mail classification schedule are contained in Subpart C of title 39
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of the Code of Federal Regulations, 39
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C.F.R. § 3001.61 et seq.
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3 See former Title 39, Part IV-Mail Matter.
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4 The text of the Domestic Mail Classification Schedule is
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published as Appendix A to Subpart C of 39 C.F.R. Part 3001,
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following 39 C.F.R. § 3001.68
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5 Docket No. MC73-1, Phase I, Opinion and Recommended Decision,
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April 15, 1976; accepted in Decision of the Governors of the United
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States Postal Service on Establishing a Mail Classification
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Schedule, June 2, 1976.
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Over the past 25 years, the Postal Service has filed many such
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mail classification requests with the Commission, seeking either to
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establish new postal products or to reconfigure pre-existing
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services. Less frequently, the Commission has begun proceedings on
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its own initiative, most commonly in response to a mail user's
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request to do so. Both forms of proceeding have proven to offer
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useful opportunities to introduce innovations in postal
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services.
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Conclusion: The joint authority shared by the Postal Service and
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the Postal Rate Commission under the Reorganization Act to adopt
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new mail classifications is the mechanism for implementing
226
innovations in domestic mail service.
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C. Commission Procedures Adapted to the Expeditious
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Consideration of Proposed Service Innovations
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Recognizing that certain types of proposed service innovations
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merit consideration under specialized procedures, the Commission
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has adopted several sets of rules that are customized for defined
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categories of Postal Service requests. The rules depart from those
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generally applicable to proposed mail classification changes by
234
reducing the amount of supporting evidence the Postal Service is
235
required to produce, and by expediting the Commission's procedural
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schedule for considering the particular form of proposed
237
change.
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The Commission determined almost twenty years ago that there was
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a need for specialized rules to facilitate Postal Service mail
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classification requests involving proposed new services, or changes
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in existing services, that were intended to serve as experiments.
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The rules, contained in 39 C.F.R. §§ 3001.67 through .67d, provide
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a mechanism for limiting the issues on which a trial-type hearing
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is required; allow the Postal Service to explain the unavailability
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of data that would otherwise have to be filed; and provide for data
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collection for the duration of the experiment. The experimental
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rules also incorporate a procedural time limit of 150 days from the
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Commission's determination that the proposed change is experimental
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in nature.
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These rules were not used extensively. A joint Postal
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Service-Postal Rate Commission task force suggested a number of
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areas where additional special rules might further encourage Postal
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Service innovation.6 The Postal Service petitioned the Commission
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in 1995 to adopt rules to implement some of the task force's
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recommendations. The Commission conducted a rulemaking to consider
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the rules proposed in the Service's petition, and after considering
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the comments of interested parties, implemented four of the
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proposed initiatives, albeit in revised form.
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Three of the new sets of rules prescribe expedited procedures
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for particular categories of Postal Service requests. The fourth
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set specifies conditions under which the Service may use multi-year
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test periods to demonstrate that a proposed new service will become
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compensatory over time.
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The first set of these new procedural rules, incorporated into
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the Commission's rules of practice as sections 161 through 166,7
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establish expedited procedures for consideration of Postal Service
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proposed market tests of potential new services. The rules specify
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the limited information the Service is required to file in support
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of a proposed market test, including a plan for testing the
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proposed new service and associated data collection and reporting
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requirements. They also streamline public notice and hearing
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procedures, and provide for issuance of a "yes or no" Commission
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decision on the proposed market test within 90 days, consistent
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with the procedural due process rights of interested persons. The
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Postal Service's innovative Mailing Online service, for which a
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three-year experimental trial was requested and approved in Docket
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No. MC2000-2, was initially considered and recommended by the
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Commission under the market test rules. See the Appendix to this
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report under the heading for Docket No. MC2000-2.
280
The second set of rules,8 apply to Postal Service proposals to
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implement new services that would supplement, but not alter,
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existing mail classifications and rates on a provisional basis for
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a limited time. As in the market test rules, the provisional
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service rules identify the supporting information to be provided by
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the Postal Service; in addition, they allow the Service to explain
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why it should not be required to provide
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6 See Postal Ratemaking in a Time of Change: A Report by the
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Joint Task Force on Postal Ratemaking, June 1, 1992.
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7 39 C.F.R. §§ 3001.161-.166.
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8 39 C.F.R. §§ 3001.171-.176.
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information called for in the Commission's general rules for
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mail classification proposals. The rules likewise expedite public
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notice and procedural scheduling, providing for a "yes or no"
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Commission decision within 90 days, consistent with the due process
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rights of other parties.
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A third set of rules, adopted as sections 69 through 69c of the
297
rules of practice,9 applies to Postal Service requests for
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permanent mail classification changes that are minor in character.
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"Minor" classification changes are defined as those that would not
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change any existing rate or fee; would not impose any new
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restriction on eligibility for mailing; and would not significantly
302
increase or decrease the estimated contribution of the affected
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mail subclass or service category to the institutional costs of the
304
Postal Service. The rules specify limited required supporting
305
information, allow the Service to explain the unavailability of
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otherwise required data, and also streamline procedural scheduling.
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Under these rules for minor classification proposals, the
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procedural deadline for rendering a Commission decision is 90 days
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from the filing of the Postal Service request if no hearings are
310
held, and 120 days if hearings are scheduled in the case.
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Finally, the fourth set of rules, contained in sections 181 and
312
182 of the rules of practice, 10 applies to Postal Service requests
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for new services that it believes cannot recover all their
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associated costs in the first full fiscal year of their operation.
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In such instances, the Service's request must be supported by
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testimony of a Postal Service witness that explains the rationale
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for the proposed multi-year test period. The request should also
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provide Return on Investment projections, other available financial
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analyses, and cost, revenue, and volume estimates for the new
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service for the entire proposed test period. The rules establish a
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policy standard that allows test periods of up to five fiscal years
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for the purpose of determining breakeven for newly introduced
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postal services.
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The Commission adopted these four sets of rules in 1996, to be
325
effective for a period of five years. In light of their apparent
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workability in several Commission proceedings and their continuing
327
usefulness for affording procedural flexibility to the
328
9 39 C.F.R. §§ 3001.69-69c. 10 39 C.F.R. §§ 3001.181-.182.
329
Postal Service, the Commission extended their application for an
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additional five-year period in a recent rulemaking.11
331
Conclusion: Specialized Postal Rate Commission rules of
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procedure are currently available for use by the Postal Service to
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provide expeditious consideration of proposed service innovations
334
in a manner consistent with the due process rights of all
335
interested persons.
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11 Docket No. RM2001-3, Order No. 1322, 66 Fed. Reg. 54436
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(2001).
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IV. POSTAL SERVICE AUTHORITY TO ENTER INTO NEGOTIATED RATE AND
339
SERVICE AGREEMENTS WITH INDIVIDUAL CUSTOMERS OR GROUPS OF CUSTOMERS
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TO PROVIDE SERVICES
341
For a number of years, some mailers have pursued the idea of
342
establishing customized postal rates and/or terms of service
343
through negotiation with the Postal Service. Depending on their
344
respective objectives and features, contractual arrangements of
345
this kind have been labeled "contract rates," "negotiated service
346
agreements," or more recently, "niche classifications." In
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addressing the consistency of these various approaches with current
348
law, it is important to identify and consider all of their
349
characteristics. For example, the legality of an agreement may be
350
dependent on whether the contract is agreed upon and performed
351
without any regulatory scrutiny, or instead submitted for some form
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of review by the Postal Rate Commission prior to its
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effectiveness.
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A. Statutory Bases of Potential Authority
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No provision in existing law explicitly authorizes or prohibits
356
the Postal Service from entering into rate or service agreements
357
with mail users. Section 401(3) of Title 39 generally empowers the
358
Service "to enter into and perform contracts," and there is no
359
prohibition elsewhere against the Postal Service and mail users
360
negotiating and reaching consensus as to how rates or conditions of
361
service should be changed. However, other provisions in Title 39
362
cast into doubt the conclusion that the Service's authority under §
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401(3) is sufficiently broad to encompass changes in rates or mail
364
classifications by agreement alone.
365
The obstacles to this conclusion are both procedural and
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substantive. From a procedural perspective, the legal soundness of
367
rate or mail classification changes by contract alone is doubtful
368
because the only means of making such changes recognized in the
369
Reorganization Act are the procedures prescribed in Chapter 36 of
370
Title 39. These provisions require that rate or mail classification
371
changes desired by the Postal Service must be filed as a request
372
with the Postal Rate Commission, allowing for public scrutiny and
373
deliberations by the Commission and the Governors of the Postal
374
Service.
375
Failure to abide by the procedural requirements of Chapter 36
376
has been recognized as a sufficient legal basis for voiding the
377
intended change.12
378
Negotiated rate or service changes also may run afoul of the
379
substantive standards prescribed for rates and mail classifications
380
in the Reorganization Act. Section 403(c) of Title 39 directs
381
that:
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In providing services and in establishing classifications,
383
rates, and fees under this title, the Postal Service shall not,
384
except as specifically authorized in this title, make any undue or
385
unreasonable discrimination among users of the mails, nor shall it
386
grant any undue or unreasonable preferences to any such user.
387
Sections 3622 and 3623 similarly specify fairness and equity,
388
together with other criteria, as considerations to be observed in
389
making rate and mail classification changes. Without public
390
scrutiny and review of the terms of a given rate or service
391
agreement between the Postal Service and a customer, there could be
392
no assurance that these substantive criteria would be
393
satisfied.
394
However, assuming the procedural requirements of Chapter 36 are
395
met, changes negotiated by the Postal Service and a mail user for
396
their mutual benefit may merit recommendation under the applicable
397
statutory standards. Section 3623(c) directs the Commission to
398
consider "the desirability and justification for special
399
classifications and services of mail" [§ 3623(c)(2)] and "the
400
desirability of special classifications from the point of view of
401
both the user and of the Postal Service" [§ 3623(c)(5)]. Regarding
402
rates, § 3622(b)(6) establishes "the degree of preparation of mail
403
for delivery into the postal system performed by the mailer and its
404
effect upon reducing costs to the Postal Service" as a factor to be
405
considered in connection with a proposed change. In combination
406
with other factors and the policies of the Reorganization Act,
407
these
408
12 United Parcel Service v. U. S. Postal Service, 455 F.Supp.
409
857 (E.D. Pa. 1978), affirmed, 604 F.2d 1370 (3d Cir. 1979), cert.
410
denied, 446 U.S. 957 (1980).
411
considerations could support recommendation of rate and
412
classification changes tailored to the capabilities and needs of
413
particular mailers.
414
Conclusion: Rate and service agreements negotiated by the Postal
415
Service and mail users are permissible under current law if the
416
procedural and substantive requirements of the Postal
417
Reorganization Act are satisfied.
418
419
420
B. Problematical "Contract Rates"
421
In a rulemaking proceeding conducted in the late 1980s at the
422
request of a mailer, the Commission addressed the question of the
423
Postal Service's authority to negotiate rate changes in the form of
424
a proposal to recognize "contract rates." After considering
425
comments of the Postal Service and other participants, the
426
Commission found the proposal problematical, and declined to pursue
427
it.
428
The initial proposal, considered in Docket No. RM89-5, included
429
two variants:
430
431
432
1.
433
The Commission might, after considering cost and other
434
relevant evidence, establish a range of permissible rates for
435
particular subclasses, with the Postal Service and individual
436
mailers free thereafter to negotiate rates within this range;
437
or
438
439
440
2.
441
The Postal Service and one or more mailers would
442
negotiate a rate and service package which would then (i) be
443
submitted to the Commission for a review, and (ii) thereafter be
444
available on the same terms to all potential users.
445
446
447
The Commission solicited two rounds of comments on the proposal
448
from interested parties. The proponent and one other mailer took
449
the position that the Postal Service is authorized to enter into
450
such contracts, provided the procedural requirement of review under
451
Chapter 36 is observed. Other commenters-including the Commission's
452
Office of Consumer Advocate-expressed doubts regarding the legal
453
soundness of one or both of the proposed variants of such
454
agreements. The Postal Service commented that, in its view, legal
455
constraints would not preclude a contract mechanism in principle,
456
but that no such arrangement would be permissible without the
457
Commission's participation in accordance with 39 U.S.C. §§ 3622
458
through 3625.
459
Upon consideration of the initial comments it received, the
460
Commission declined to pursue the contract rate proposal, but
461
solicited further comments on several broad issues concerning
462
possible changes in the mail classification system. The Commission
463
explained that its reluctance to pursue the concept of contract
464
rates was based on substantial uncertainty regarding the legal
465
sufficiency of examining agreed-upon rates after the fact, rather
466
than in a prior review. It also raised the potential problems of
467
unreasonable discrimination that such contracts might cause, in
468
contravention of 39
469
U.S.C. § 403(c), and the preservation of fair contributions to
470
the Postal Service's institutional costs by mail volumes.13 Such
471
problems might well arise if the Service were to negotiate
472
"discounted" rates-unaccompanied by a change in service conditions
473
that provided cost or revenue justification.
474
Conclusion: Negotiated rates-unaccompanied by a change in
475
service conditions that provides cost justification-are a
476
problematical approach to introducing additional flexibility into
477
Postal Service business practices.
478
479
480
C. Negotiated Service Agreements and Specialized "Niche
481
Classifications"
482
Following publication of the report of the joint Postal
483
Service-Postal Rate Commission task force on ratemaking, the Postal
484
Service petitioned the Commission to adopt rules to implement some
485
of the report's recommendations. One recommendation included in the
486
Service's petition was adoption of Commission rules for reviewing
487
on an expedited basis "service agreements with postal customers,
488
varying from the general rate and classifications schedules in ways
489
which add value both for the customer and for the postal system as
490
a whole."14
491
The proposal in the Postal Service's petition would have
492
established Negotiated Service Agreements as a new form of mail
493
classification, with individual agreements to be reviewed by the
494
Commission within 60 days. In the Commission's Notice of Proposed
495
Rulemaking, it deferred consideration of the NSA proposal, citing
496
legal uncertainty regarding the consistency of negotiated rates
497
with the Reorganization Act's
498
13 Docket No. RM89-5, Further Invitation for Comments, 54 Fed.
499
Reg. 47223 (1989). 14 Postal Ratemaking in a Time of Change, supra,
500
at 54.
501
ratemaking provisions. However, the Commission also expressed a
502
general willingness to address the concept in a subsequent
503
rulemaking.
504
Since then, the Commission has conducted several mail
505
classification proceedings under the other expedited procedures
506
adopted in that rulemaking. These procedures have been shown to be
507
well suited to the consideration of "niche classification"
508
proposals. Niche classifications are specialized mail
509
classifications- including reduced, but cost-justified rates or
510
fees-that have been developed by the Postal Service in direct
511
consultation with its customers, to meet the needs and capabilities
512
of a mailer or group of mailers. For example, the Commission
513
approved a two-year experiment of a program that enabled users of
514
bulk, nonletter-size Business Reply Mail such as photofinishers
515
that could reliably determine postage and fees due, to obtain
516
earlier access to their mail at revised fees.15 The Commission
517
subsequently granted a requested extension of the experiment,16 and
518
ultimately approved a request to make the experimental program a
519
permanent mail classification.17 More recently, in Docket No.
520
MC2001-1, the Commission recommended three new worksharing-based
521
discounted Priority Mail categories after negotiating with mailers
522
who were willing to presort their mail in new ways that could
523
reduce the Postal Service's costs.18 Such "niche classification"
524
proposals are essentially Negotiated Service Agreements, without
525
any associated legal uncertainties or additional administrative
526
barriers.
527
Conclusion: Rate and service adjustments agreed upon by the
528
Postal Service and mailers are legally authorized if three
529
conditions are satisfied:
530
❶ The proposal is reviewed in a public proceeding, as the
531
Reorganization Act requires;
532
❷ The agreed-upon rate and service changes will work to the
533
mutual benefit of mail users and the postal system as a whole;
534
and
535
15 Docket No. MC97-1, Opinion and Recommended Decision, April 2,
536
1997.
537
16 Docket No. MC99-1, Opinion and Recommended Decision Approving
538
Revised Stipulation and Agreement, May 14, 1998.
539
17 Docket No. MC99-2, Opinion and Recommended Decision Approving
540
Stipulation and Agreement, July 14, 1999.
541
18 See the description of this proceeding in the Appendix.
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❸ The negotiated rate-and-service package is made available on
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the same terms to other potential users willing to meet the same
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conditions of service.
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Examples of "niche classification" proposals recommended in
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recent Commission proceedings, and Postal Service product
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innovations considered in other cases, are described in the
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Appendix to this report.
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Report To The Congress Appendix Feb. 11, 2002 Page 1 of 2
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Postal Service Product Innovations and Special-Purpose Mail
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Classification Changes Reviewed by the Postal Rate Commission Since
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January 1, 2000
553
554
555
Docket No. MC2001-1-Experimental Presorted Priority Mail Rate
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Categories
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558
559
560
Nature of service or change: Experimental trial of three
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new presorted rate categories of Priority Mail.
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563
564
565
Target users: Mailers who can meet minimum quantity, mail
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preparation and containerization requirements for presorting their
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Priority Mail shipments.
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569
570
571
Rate(s) and justification: Three levels of presort
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discounts based on processing costs bypassed because of worksharing
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by mailers.
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575
576
577
Procedural history: Request filed by Postal Service on
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March 7, 2001. Settlement agreement among parties filed on May 17,
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2001. PRC decision approving settlement agreement transmitted to
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Postal Service Governors on May 25, 2001. Governors approved PRC
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decision on June 4, 2001.
582
583
584
585
586
Docket No. MC2000-1-Experimental "Ride-Along" Classification
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Change for Periodicals
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589
590
591
Nature of service or change: Experiment allowing one
592
piece of advertising matter to "ride-along" in a Periodicals
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publication for a flat additional ten-cent rate.
594
595
596
597
Target users: Publishers who wish to include innovative
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advertisements in their periodicals at a more affordable rate than
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Standard A postage.
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601
602
603
Rate(s) and justification: Flat ten-cent rate available
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only for "ride-along" pieces that do not cause any significant
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additional mail processing or delivery costs.
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607
608
609
Procedural history: Request filed by Postal Service on
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September 27, 1999. Settlement agreement among parties filed on
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December 20, 1999. PRC decision approving settlement agreement
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transmitted to Postal Service Governors on February 3, 2000.
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Governors approved PRC decision on February 8, 2000.
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615
616
➨ Update: Postal Service request for permanent authority filed
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September 24, 2001 in Docket No. R2001-1. Action by Commission is
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pending. Postal Service Request for extension of experiment filed
619
in Docket No. MC2001-3 on September 28, 2001. PRC decision
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approving request transmitted to Postal Service Governors on
621
January 11, 2002.
622
Report To The Congress Appendix Feb. 11, 2002 Page 2 of 2
623
624
625
Docket No. MC2000-2-Mailing Online Experiment
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627
628
629
Nature of service or change: Experimental service
630
enabling computer users to transmit documents in electronic form to
631
Postal Service for printing, processing, and delivery as Express
632
Mail, First-Class Mail or Standard A Mail.
633
634
635
636
Target users: Single-piece mailers and small office/home
637
office (SOHO) operators who have difficulty taking advantage of
638
traditional mail service providers.
639
640
641
642
Rate(s) and justification: Applicable bulk mailing rate
643
plus fee to recover costs of printing, technological resources,
644
advertising and other program-related expenses.
645
646
647
648
Procedural history: Market test of same service approved
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by PRC in Docket No. MC98-1. Request for three-year experiment
650
filed by Postal Service on November 16, 1999. Hearings held
651
December, 1999 through February, 2000. PRC decision approving
652
proposal, with recommended fee modifications, on June 21, 2000.
653
Governors approved PRC decision on August 7, 2000.
654
655
656
657
658
Docket No. MC2001-2-Experimental Seasonal Delivery Confirmation
659
Fee
660
661
662
663
Nature of service or change: Experiment to provide manual
664
delivery confirmation without charge to retail Priority Mail users
665
during two weeks before the peak of the holiday mailing
666
season.
667
668
669
670
Target users: Small volume mailers that might be made
671
more inclined to mail before the holiday peak, and that also might,
672
as a result of the test, increase their purchases of delivery
673
confirmation service in the future.
674
675
676
677
Rate(s) and justification: Delivery confirmation to be
678
available at no charge to retail Priority Mail users during the
679
early stages of the holiday season.
680
681
682
683
Procedural History: Request Filed by Postal Service
684
September 20, 2001. Postal Service withdrew request on November 5,
685
2001 because the disruption of other events made conducting the
686
experiment inadvisable.
687
688
689
690
691
692
693
694