Appeal of CHANNEL NORTHWEST, INC. - H.E. Docket No. 5/178


 In the Matter of the Petition of 	   ) May 23, 1958
 					   )
 CHANNEL NORTHWEST, INC., 		   ) H.E. Docket No. 5/178
					   )
 for a review of proposed denial of 	   )
 second-class mailing privileges. 	   )

 Ablard, Charles D. 

 POST OFFICE DEPARTMENT WASHINGTON, D. C.

DEPARTMENTAL DECISION

The Channel Northwest, Inc. petitioned for a review of a proposed denial by the Director of Postal Services of second-class mailing privileges to their publication "Channel". A hearing was held before a Hearing Officer who issued a Report and Recommendation finding that: (1) the publication has a legitimate list of subscribers, (2) the publication is designed primarily for free circulation, and (3) the publication is designed primarily for advertising purposes. The Hearing Officer concluded that the publication does not meet the requirements of 39 U.S. Code 226 for entry as second-class matter and recommended that the application be denied.

The petitioner excepted to findings two and three and the conclusion of the Hearing Officer. The Director of Postal Services excepted to finding one.

The petitioner's exceptions are disallowed for the reasons set forth by the Hearing Officer in his report.

The exception of the Director of Postal Services is disallowed for the same reasons set forth in the Hearing Officer's report and in the decision of the Judicial Officer In the Matter of the Petition of Conover Mast Publications, Inc. decided May 19, 1958.

The Report and Recommendation of the Hearing Officer is adopted and the application for second class entry is denied.