Appeal of P.O.D. Docket No. 3/46 -- ZULCH AND ZULCH

 
 In the Matter of the Petition by 	   ) December 9, 1970
 					   )
 ZULCH AND ZULCH 			   )
 North Hollywood, California 		   )
 					   ) P.O.D. Docket No. 3/46
 					   )
 					   )
 for a second-class mail permit. 	   )

 APPEARANCES:				   Robert Zulch, President
					   Zulch and Zulch, Inc.
					   North Hollywood, California
					   for Petitioner
					   Arthur S. Cahn, Esq.
					   Office of the General Counsel
					   Post Office Department
					   for Respondent
					   
 					   Duvall, William A.  
 					   POST OFFICE DEPARTMENT
 					   JUDICIAL OFFICER 
 					   WASHINGTON, D. C. 20260

DEPARTMENTAL DECISION

This matter comes before the Acting Judicial Officer on appeal from the Initial Decision of the late Jesse B. Messitte, Hearing Examiner, that while the publication "Frames" is not designed primarily for advertising purposes, it is not eligible for mailing under a second-class mail permit because it is not a periodical or a newspaper.

As the basis for the appeal, Petitioner states:

"I find nothing in U. S. Code 4354A, nor in the cases cited by the Hearing Examiner, which supports his conclusion that Frames is not a periodical."

Upon review of the entire record in this proceeding, including the transcript of the testimony taken at the hearing, the exhibits, and the briefs filed by the parties, the exception to the Initial Decision is disallowed. Hearing Examiner Messitte's

Initial Decision is well reasoned and it is amply supported by substantial evidence in the record. For the reasons therein indicated, the Initial Decision is adopted as the Departmental Decision.