In the Matter of Proposed Annulment of the Second-Class Mail Permit of

 ANNE ARUNDEL TIMES
 104 Roesler Road,
 Glen Burnie, Maryland 21061

 POST OFFICE DEPARTMENT, DIVISION OF HEARING EXAMINERS,
 WASHINGTON, D.C.  20260,

 P.O.D. Docket No. 3/33
 
 May 22, 1970
 
 William A. Duvall Chief Hearing Examiner

Petitioner's Counsel filed a motion to modify the Initial Decision in this proceeding made orally on March 19, 1970. Motion was made that the Initial Decision be amended by the elimination therefrom of the requirement for the filing by the publisher of Anne Arundel Times of certain reports in regard to the circulation of that newspaper.

A statement in opposition to Petitioner's motion has been received from Counsel for Capital Gazette Press, Inc.

Upon consideration of all papers received in regard to Petitioner's motion, it is concluded that said motion should not be granted. The reporting requirement set forth in the Initial Decision in no way derogates from the effectiveness of, or impairs the exercise of, the second-class mail privileges recommended for Petitioner. All newspapers must report circulation figures -- the Anne Arundel Times simply must report a little more often for a limited period of time. Any newspaper whose reports indicate that it does not meet the circulation requirements is subject to revocation of its second-class mail permit. In this regard, the Anne Arundel Times is in no better, and no worse, situation than is the New York Times.

In order that there may be a definite understanding as to future procedural dates, and in order to place a limit on the duration of this proceeding, the Hearing Examiner will not entertain any further motion for modification of the Initial Decision. Any appeal to be taken by either party from the Initial Decision in this proceeding must be filed not later than the close of business on June 10, 1970. If no appeal is taken within the prescribed time, the Initial Decision will become final. (Secs. 954.19 and 954.20 of the Rules of Practice)

As indicated above, the Petitioner's "Motion to Modify Hearing Examiner's Ruling" is hereby denied.