In the Matter of the Petitions by	) September 25, 1974
					)
 TELEFLORA DELIVERY SERVICE, INC. 	)
 900 North Sepulveda Boulevard 		)
 El Segundo, California 90245 		)
 (Formerly Telepublications, Inc.	) P.S. Docket No. 1/206
					)
 Proposed Annulment of Second-Class 	)
 Mail Privileges for "TELEFLORA SPIRIT" )
 FLORAFAX DELIVERY, INC. 		)
 Box 9 					)
 Leachville, Arkansas 72438 		) P.S. Docket No. 1/207
				    	)
 Proposed Annulment of Second-Class 	)
 Mail Privileges for "FLORAFACTS" 	)

 APPEARANCES: 	       	For Petitioner, Teleflora Delivery Service, Inc.:
		       	Timothy J. May, Esq. Douglas Parker, Esq.
		       	1200 17th Street, N.W. 3526 K Street, N.W.
		       	Washington, D.C. 20036 Washington, D.C. 20007
		       	For Petitioner, Florafax Delivery, Inc.:
		       	Robert F. Biolchini, Esq.
		       	1200 Atlas Life Building
		       	Tulsa, Oklahoma 74103

		       	For Respondent:	Arthur S. Cahn, Esq.
		       	U.S. Postal Service
		       	Washington, D.C. 20260

 Duvall, William A.  

In a stipulation dated, and made a matter of record in these proceedings, on January 4, 1973, the parties named in the caption of this Decision and Order agreed to be bound by the decision in the matter of Florists' Transworld Delivery Association, P.S. Docket No. 1/167, on the issue of whether the publications involved in the respective proceedings herein are "periodical publications" within the meaning of 39 United States Code 4351 and 4354, and postal regulations issued pursuant thereto.

In a decision dated October 3, 1973, Administrative Law Judge David J. Knight held, inter alia, that the publication FTD News and Membership List is devoted primarily to advertising purposes, and that the said publication is not a periodical publication. The Administrative Law Judge also declared his decision of October 3, 1973, to be applicable to the instant proceedings.

On May 24, 1974, the Judicial Officer held the publication of the Florists' Transworld Delivery Association to be a periodical publication, and he reversed, pro tanto, the Initial Decision of the Administrative Law Judge.

On July 1, 1974, the Respondent in P.S. Docket No. 1/167 filed a Motion for Reconsideration of the Postal Service Decision in that proceeding.

In an Amended Postal Service Decision, dated September 17, 1974, the Motion for Reconsideration was granted, the Postal Service Decision of May 24, 1974, was vacated and set aside, and, for reasons therein stated, it was held that the publication of the Florists' Transworld Delivery Association is not a "periodical publication" within the meaning of applicable laws and regulations.

In view of the foregoing facts and circumstances, it is found, concluded and Ordered as follows:

(1) The Judicial Officer's Order, dated May 30, 1974, (a) setting aside the earlier Initial Decision of the Administrative Law Judge (holding that the publications involved in these proceedings were not entitled to retain their second-class mail privileges) and (b) remanding these cases to the Office of Administrative Law Judges for further proceedings, is hereby vacated and set aside.

(2) The Initial Decision in these proceedings, dated October 3, 1973, by Administrative Law Judge David J. Knight is hereby affirmed.

(3) The publications, Teleflora Spirit (P.S. Docket No. 1/206) and Florafacts (P.S. Docket No. 1/207) are not periodical publications within the meaning of 39 United States Code 4351 and 4354, and postal regulations issued pursuant thereto.

(4) Respondent's proposed revocations of second-class mail privileges previously in effect in regard to the publications Teleflora Spirit and Florafacts were correct and the same are hereby affirmed.