In the Matter of the Petition by	) July 16, 1975
 					)
 R. H. SMITH, JR., PUBLISHER 		)
 T.G.I.F. 				)
 P. O. Box 1683 			)
 Hollywood, California 90028 		) P.S. Docket No. 3/112
					)
 Proposed Annulment of Second-Class ) 
 Mail Privileges for "T.G.I.F." )

 APPEARANCES: 				R. H. Smith, Jr., Publisher, pro se
					Petitioner
					Grayson M. Poats, Esq.
					Law Department
					United States Postal Service
					Washington, D.C. 20260
					for Respondent

 Lussier, Edward F.  

This proceeding is on appeal from the Initial Decision of the Chief Administrative Law Judge upholding the proposed revocation of Petitioner's second-class mail privileges for the publication "T.G.I.F." The reason for the proposed revocation as upheld by the Initial Decision is that the publication was devoted primarily to advertising purposes.

Petitioner's appeal does not take issue with the Initial Decision. In fact, he states "I make no claims to have met the qualifications as interpreted by the Postal Service, but I do believe they failed to communicate to me an understandable method of compliance, therefore I do hereby appeal this adverse ruling." The appeal goes on to state that Petitioner desires to comply with the rules and that "In the appeal I seek to be judged on the next issue rather than the past issues of T.G.I.F." Respondent filed its Reply Brief within the time permitted by the Rules of Practice. Thereafter Petitioner filed two amendments to its appeal. Both in essence restate his desire to comply with the regulations. Attached to the later filing was a copy of the July 1975 issue of "T.G.I.F." which Petitioner states is "for consideration as evidence that it is my intention to comply with all regulations governing the second-class mail privileges."

The Rules of Practice in Proceedings Relative to the Denial, Suspension or Revocation of Second Class Mail Privileges, 39 Code of Federal Regulations, Part 954, provide for the taking of an appeal to the Judicial Officer of the Postal Service from Initial Decisions of the Administrative Law Judge. Under § 954.20 such appeals are to be based upon stated exceptions to the findings and conclusions in the Initial Decision to which a Petitioner objects. In the instant case the Petitioner has taken no exceptions but rather seeks a ruling on one issue published after the hearing and decision in this case. This is an insufficient basis for reversing the Initial Decision in this case, which I find to be fully supported on the record.

However, Petitioner may at any time submit current issues of its publication to the Manager, Mail Classification Division, for consideration in connection with a new application for second-class mail privileges.

The recommendation of the Initial Decision to uphold the denial of the application for second-class mail privileges for the publication "T.G.I.F." is sustained and the appeal is denied.