Customer Support Ruling Business Mail Acceptance Headquarters, US Postal Service Washington DC 20260-6808 Subscription Order Forms PS-85 (E212.1) UPDA TED October 1996 Domestic Mail Manual (DMM) E212.1.2, provides that general publications must have a legitimate list of subscribers who have paid or promised to pay, at a rate above nominal, for copies to be received during a stated time. Publications primarily designed for free circulation and/or circulation at nominal rates may not qualify for the general publications category. Publications are considered primarily designed for free circulation and/or circulation at nominal rates when more than 50% of all copies circulated are provided free of charge to the ultimate recipients, or are paid for at nominal rates by the ultimate recipients, or when other evidence indicates that the intent of the publisher is to circulate the publication free and/or at nominal rates. The distribution of all copies of a publication is considered, whether circulated in the mails or otherwise. A publisher who applies for Periodicals mailing privileges for a general publication must maintain records which are adequate to establish that his publication complies with the circulation requirements prescribed above. The postmaster at the post office where the application is filed must review the application Form 3501 and verify the accuracy and adequacy of the publisher's records. DMM E216 lists examples of the types of records that publishers should maintain which include print orders, individual and bulk orders for subscriptions, sales records and returns for over the counter sales, stubs or copies of receipts issued, newsstand sales and returns, cash books, bank deposit receipts or similar records and records of copies of the publication destroyed. A list of subscribers does not in itself constitute adequate evidence to establish that a publication is being distributed under the circulation standard prescribed for Periodicals general publications. Although it is desirable that subscribers pay directly for their subscriptions independently of other payments, arrangements may be made for them to pay in connection with the payment of dues or contributions, provided the dues or contributions and the subscription's price are so separated as to ~ '~p~ermit an exact ascertainment of all the facts including the amount paid for the subscription. To determine whether a Subscription is genuine, it must be so separated from all other business transactions as to constitute a distinct, voluntary, and independent act. Publishers must be able to ?:,show that subscriptions to their publications have been voluntarily made, that the subscription price has been paid or definitely promised, and that the relations of subscriber is clearly understood and fully agreed to. WHEN PAYING ORGANIZATION DUES If subscribers pay for their subscriptions when paying dues to an organization, the application, transmittal, and bill forms used by the organizations should included clauses like the following examples: (a) I, , hereby apply for membership in (Name of the Organization to be printed here) and enclose $ as my annual membership dues for the year ?? $.?? of this amount is for a subscription to the (Name of publication to be printed here) for one year. Customer Support Ruling Business Mail Acceptance Headquarters, US Postal Service Washington DC 20260-6808 Subscription Order Forms PS-85 (E212.1) UPDA TED October 1996 Domestic Mail Manual (DMM) E212.1.2, provides that general publications must have a legitimate list of subscribers who have paid or promised to pay, at a rate above nominal, for copies to be received during a stated time. Publications primarily designed for free circulation and/or circulation at nominal rates may not qualify for the general publications category. Publications are considered primarily designed for free circulation and/or circulation at nominal rates when more than 50% of all copies circulated are provided free of charge to the ultimate recipients, or are paid for at nominal rates by the ultimate recipients, or when other evidence indicates that the intent of the publisher is to circulate the publication free and/or at nominal rates. The distribution of all copies of a publication is considered, whether circulated in the mails or otherwise. A publisher who applies for Periodicals mailing privileges for a general publication must maintain records which are adequate to establish that his publication complies with the circulation requirements prescribed above. The postmaster at the post office where the application is filed must review the application Form 3501 and verify the accuracy and adequacy of the publisher's records. DMM E216 lists examples of the types of records that publishers should maintain which include print orders, individual and bulk orders for subscriptions, sales records and returns for over the counter sales, stubs or copies of receipts issued, newsstand sales and returns, cash books, bank deposit receipts or similar records and records of copies of the publication destroyed. A list of subscribers does not in itself constitute adequate evidence to establish that a publication is being distributed under the circulation standard prescribed for Periodicals general publications. Although it is desirable that subscribers pay directly for their subscriptions independently of other payments, arrangements may be made for them to pay in connection with the payment of dues or contributions, provided the dues or contributions and the subscription's price are so separated as to ~ '~p~ermit an exact ascertainment of all the facts including the amount paid for the subscription. To determine whether a Subscription is genuine, it must be so separated from all other business transactions as to constitute a distinct, voluntary, and independent act. Publishers must be able to ?:,show that subscriptions to their publications have been voluntarily made, that the subscription price has been paid or definitely promised, and that the relations of subscriber is clearly understood and fully agreed to. WHEN PAYING ORGANIZATION DUES If subscribers pay for their subscriptions when paying dues to an organization, the application, transmittal, and bill forms used by the organizations should included clauses like the following examples: (a) I, , hereby apply for membership in (Name of the Organization to be printed here) and enclose $ as my annual membership dues for the year ?? $.?? of this amount is for a subscription to the (Name of publication to be printed here) for one year. (b) (C) I, , herewith transmit my annual membership dues of $.?? in the (Name of organization to be printed here) for the year ?? $.?? of this amount is for a subscription to the (Name of publication to be printed here) for one year. Annual membership dues for the year ?? in the (Name of the organization to be printed here) is $ $.??, of this amount is for a subscription to the (Name of publication to be printed here) for one year. Return this bill form with remittance. WHEN CONTRIBUTING TO ORGANIZATIONS OR INSTITUTIONS If subscribers pay, or promise to pay, for their subscriptions when making contributions or pledges to organizations or institutions, the pledge or contribution forms used should include a clause like the following example: I, , hereby, transmit my contribution of (or hereby pledge to contribute) $ to the (Name of the organization or institution to be printed here) for the year ~ $.~ of this amount is for a subscription to the (Name of the publication to be printed here) for the year $.?? of this amount is for a subscription to the (Name of the publication to be printed here) for one year. ,:!' ~ MEMBERS OF RURAL ELECTRIC COOPERATIVE ASSOCIATIONS When copies of the publication of a rural electric cooperative association which is operating under the Rural Electrification Act of 1936, are sent to the individual members, it is suggested that the association amend the contract form which is signed by the members so that it will include a clause reading: $ , of the amount accruing to me each year is for a year's subscription to the (Name of the publication to be printed here), and that the bylaws of the association be amended to provide for the payment of the $ annual subscription price each year by each member from the amount accruing to him. (Also see ruling PS-57, Rural Electric Cooperatives) FORMS AND STATEMENTS TO BE FURNISHED WITH APPLICATIONS Publishers should furnish with applications for Periodicals mailing privileges printed copies of the forms which are to be used. The responsible official of the organization or institution should furnish his written assurance that the forms will be used for taking subscriptions. If publishers are unable to meet the requirements described above, they must, as an alternative, adopt a method of bookkeeping that is available for postal inspection that clearly shows that payment or promises to pay have been made by the persons the publishers claim as subscribers to their publications. Anita J. Bizzotto Manager ------------------ To unsubscribe from this list, e-mail majordomo@thekrib.com with "unsubscribe aga-sc" in the body of the message. Old messages are available at http://lists.thekrib.com/aga-sc When asked, log in as username is "aga-sc", and password "incorp".