In the Matter of the Petitions by TELEFLORA DELIVERY SERVICE, INC. 900 North Sepulveda Boulevard, El Segundo, California 90245, (Formerly Telepublications, Inc.) Proposed Annulment of Second-Class Mail Privileges for "TELEFLORA SPIRIT" FLORAFAX DELIVERY, INC., Box 9, Leachville, Arkansas 72438 Proposed Annulment of Second-Class Mail Privileges for "FLORAFACTS" P.S. Docket No. 1/206; P.S. Docket No. 1/207 October 3, 1973 David J. Knight Administrative Law Judge
The order dated January 11, 1973, recites that the parties in the above-entitled proceedings agreed to be bound by the decision in Florists' Transworld Delivery Association, P.S. Docket No. 1/167, (copy attached) on the issue of whether the publications in these respective proceedings are periodicals within the meaning of 39 U.S.C. § 4351; It appearing , that by the stipulation dated January 4, 1973, executed by the Petitioners and the Respondent Postal Service, it was agreed that, in all material and relevant respects, Teleflora Spirit (P.S. Docket No. 1/206) and Florafacts (P.S. Docket No. 1/207) are identical with FTD News for the purposes of determining whether these publications are periodicals within the meaning of 39 U.S.C. § 4351, the definition of second-class mail; and It further appearing , that by initial decision, dated this date, it was found that FTD News --at issue in P.S. Docket No. 1/167--is not a periodical embraced within the Postal Service statute governing entry of mail into the second-class:
Now, therefore, I recommend , that the proposal of the Respondent's Manager, Mail Classification Division, Finance Department, to revoke the second-class mail privileges held by Teleflora Spirit (P.S. Docket No. 1/206) and Florafacts (P.S. Docket No. 1/207), on the ground that these publications are not periodicals within the meaning of 39 U.S.C. § 4351, be affirmed.