In the Matter of the Petition by

 YALE UNIVERSITY,
 Yale University Printing Office,
 149 York Street,
 New Haven, Connecticut 06520

 Proposed Revocation of Second-Class Mail Privileges for
 "BULLETIN OF YALE UNIVERSITY"

 P.S. Docket No. 4/107

 June 8, 1976

 Rudolf Sobernheim Administrative Law Judge

 APPEARANCES:
 Jose A. Cabranes, Esq.
 The Legal Adviser and
 Director of Government Relations
 Yale University Woodbridge Hall,
 105 Wall Street New Haven, Connecticut 06520
 for Petitioner

 Arthur S. Cahn, Esq.
 Law Department U. S. Postal Service
 Washington, D. C.  20260 for Respondent

This is a proceeding initiated by petitioner pursuant to 39 C.F.R. Part 954 to contest the ruling of respondent, represented by the Manager of the Mail Classification Division, Finance Department, U. S. Postal Service (later also known as the "Director, Office of Mail Classification," but hereinafter uniformly referred to as the "Manager") which on 18 March 1975 annulled, subject to the outcome of this proceeding, petitioner's second-class mail privileges in respect of the "BULLETIN OF YALE UNIVERSITY" (hereinafter sometimes referred to as the "Bulletin"). The reasons for this ruling were stated by the Manager in his letter a copy of which is part of the record of this proceeding as respondent's exhibit 1. In relevant part the letter read as follows:

"Section 132.211, Postal Service Manual, provides that only newspapers and other periodical publications may be mailed at the second-class rates. A periodical, as ordinarily understood, is a publication appearing at stated intervals, each number of which contains a variety of original articles by different authors devoted either to general literature of some special branch of learning or to a special class of subjects. Ordinarily, each number is incomplete in itself, and indicates a relation with prior or subsequent numbers of the same series. It implies a continuity of literary character, a connection between the different numbers of the series in the nature of the articles appearing in them, whether they be successive chapters of the same story or novel or essays upon subjects pertaining to general literature. If, for instance, one number were devoted to law, another to medicine, another to religion, another to music, another to painting, etc., the publication could not be considered a periodical, as there is no connection between the subjects and no literary continuity. The preceding definition of a periodical is based on a Supreme Court ruling in the case Houghton v. Payne 194 U.S. 88 (1904).

The June 1, 1973 and June 1, 1974 issues are designated 'Yale College Introductory Information' for 1973-1974 and 1974-1975, respectively. These publications contain general information about Yale to answer questions most often asked by applicants.

The December 15, 1973 and December 15, 1974 issues are the University Catalogue Numbers for the 1973-1974 and 1974-1975 academic years, respectively. Each of these publications contains general information about Yale University and about each of the undergraduate, graduate, and postgraduate programs offered by the University. A directory of the Officers of instruction, research and administration is included as a part of each publication. The December 15, 1974 Catalogue Number appears to be an updated version of the 1973 Catalogue Number and much of the information in the two publications is identical.

The January 15, 1974 and January 15, 1975 issues are designated 'Report of the University Librarian' for 1972-1973 and 1973-1974, respectively, and contain the annual report by the University Librarian.

The series 70, Number 3, 4, 5, 7, 8, 9, 10, 11, 12, 13, 14, 16 and 18 issues are designated respectively as the bulletins for Epidemiology and Public Health 1974-1975, the School of Art 1974-1975, the School of Architecture 1974-1975, the School of Drama 1974-1975, the Graduate School 1974-1975, the School of Forestry and Environmental Studies 1974-1975, the Yale Law School 1974-1975, the Yale College Programs of Study Fall and Spring Terms 1974-1975, the School of music 1974-1975, the School of Medicine 1974-1975, the School of Nursing 1974-1975 and Yale College Programs of Study Summer Term 1975. Each of these issues contains general and academic information and regulations and course listings and descriptions.

The September 15, 1974 issue (Series 70, Number 13) is the Yale University Directory 1974-1975. This is a directory of individuals and organizations in the Yale Community. This issue does not contain a variety of original articles.

The October 1, 1975 issue (Series 70, Number 15) is the 'Report of the Treasurer for the Fiscal Year 1973-1974' and finally, the November 1, 1974 issue (Series 70, Number 17) presents a picture of 'Undergraduate Science at Yale 1974-1975'.

The publications which we have reviewed are each complete in themselves betraying no need of continuation in subsequent issues and suggesting no relation to prior issues. These are each essentially annual publications which would be more appropriately ascribed to the classification scheme providing for the mailing of books and printed matter.

'Bulletin of Yale University' is not a periodical publication within the meaning of the applicable postal regulation and therefore, is not entitled to retain second-class mail privileges.

Subsequent correspondent did not lead to a change in the Manager's position, for on 20 August 1975 he wrote to petitioner as follows (Resp. Ex. 2):

"You have requested that second-class privileges for the 'Bulletin' be continued until January 1, 1976, when you will begin mailing the new series.

As you have not indicated that any changes will be made in the preparation of future issues of the publication to bring it into compliance with second-class regulations, we cannot grant your request for a continuance of second-class mail privileges.

To allow Yale to continue to mail their catalogs at the second-class rates of postage would be inequitable to institutions presently mailing similar publications at the appropriate third- or fourth-class rates. It would also be undesirable administratively, as it would indicate that these publications are being mailed as second-class matter with the approval of the Postal Service."

Petitioner thereafter was granted time to 20 October 1975 to perfect an appeal to the administrative law judges of the U. S. Postal Service and its appeal was docketed on that date. A hearing was held on 26 January 1976 at which both parties introduced a stipulation of facts as well as testimonial and documentary evidence. Both parties also filed briefs after the hearing.

1. Petitioner is a private, not-for-profit institution of higher learning, chartered in 1701 under the laws of the Colony of Connecticut.

2. Petitioner includes (a) Yale College; (b) The Graduate School; and (c) The Graduate Professional Schools. During the Fall Term, 1975, petitioner had a total student enrollment of about 10,484.

3. The Bulletin is regularly issued at stated intervals not less than four (4) times a year; bears a date of issue; is numbered consecutively; is issued from a known office of publication; and is formed of printed sheets.

4. Respondent introduced in evidence volumes 70 (academic year 1974-1975) (Resp. Ex. 3-20) and 71 (academic year 1975-1976) (Resp. Ex. 21-37, 40-42) of the Bulletin. The issues of the former volume bear the notation that they are published seventeen times a year in January and from April through December but in fact volume 70 comprised 18 issues. The issues of the latter volume state that they are published eighteen times annually but in fact there were 20 issues. However, the parties have agreed that irregularities in the issuance of the Bulletin are not an issue in this proceeding (T 4-5).

5. Although covering an academic year each volume of the Bulletin is published on a calendar year basis.

6. Of the 18 or 20 issues composing the annual volumes of the Bulletin of record in this proceeding, six have a general descriptive character and do not contain a listing of courses given by a particular component of the University. These are:

Report of the University Librarian (Resp. Ex. 3, 21) Yale College Introductory Information ( id ., 7, 26) Yale University Directory ( id ., 14, 35) Report of the Treasurer ( id ., 16, 40) Undergraduate Science ( id ., 18, 37) University Catalogue Number ( id ., 20, 42)

7. a. The University Librarian's and Treasurer's Reports cover a period two and one year, respectively, prior to the year of issuance of the Bulletin and contain, besides the reports themselves, financial schedules and balance sheets as well as lists of donors usually found in such reports.

b. The College Introductory Information and Undergraduate Science issues are illustrated booklets. One describes the educational philosophy of, and fields of study offered by, Yale College and Practical information regarding admission, financial aid, campus visits and tours and lists of dormitories, library resources, etc. The other booklet attempts to answer in advance questions of undergraduate science students and gives them a "tour" of Yale's science complex.

c. The University Catalogue Number consolidates in one reference volume the calendars of the different schools and colleges of Yale University, its officers and teaching staff, its history, and a survey of the programs of its schools and colleges and related programs, scholarships and prizes as well as miscellaneous data on degrees awarded, student enrollment and alumni organizations.

d. The Yale University Directory is an alphabetical directory of individuals and organizations connected with Yale University, providing names, addressed and, in most cases, telephone numbers. The two sections are preceded by prefatory material, such as centrex instructions, building abbreviations, a list of administration offices, totalling eighteen pages marked off in Roman numerals. In sum, the directory is in substance no different from other telephone or city directories.

8. The remaining twelve issues of volume 70 and fourteen issues of volume 71 of the Bulletin present the programs and course catalogs of Yale College, the Graduate School, the Summer Term or a specialized school or department. Volume 71 presents two additional issues compared to volume 70: an issue for the Institution for Social and Policy Studies (Resp. Ex. 23) and an issue for the School of Divinity (Resp. Ex. 31).

a. The issues for the Graduate School and the College Programs of Study exceed 400 pages each. Other volumes run from as low as 51 pages for the School of Art (Resp. Ex. 5) to 145 pages for the Law School (Resp. Ex. 11). The school program volumes are uniformly 5 by 8 inches in size. They are similar in arrangement, providing (i) information on programs, degree requirements, admission, fees and financial assistance and university service and activities; and (ii) faculty lists and course catalogs. The extent of general articles and course catalog varies with the number of programs available in a particular school.

b. The foregoing general scheme is used for each "school" issue without any significant variance which would affect petitioner's claim to continued second-class mail privileges and is also followed from year to year at least over the short term. However, the "school" issues are annually brought up to date for changes in faculty, courses, fees or school and university regulations. See T 44-45 and "Note on Printing" in the Yale University Directory (Resp. Ex. 14, 35 at p. XIX).

c. A more detailed consideration of 70 Bulletin No. 10, dated 1 August 1974, and covering the academic year 1974-1975 for the Yale Law School illustrates the foregoing findings.

(1) A table of contents, law school calendar and list of the members of the Corporation of Yale University and the law school officers and staff is followed by a statement on the study of law at Yale University (20 pp.).

(2) There follows a statement on the course of study for the degree of Juris Doctor (J.D.) - a degree equivalent to a bachelor's degree in law (20 pp.).

(3) The next 38 pages describe the subjects of instruction, giving the title and units of the course and a brief description of its scope.

(4) Registration, admission and related financial and administrative matters cover the next fifteen (15) pages.

(5) Special programs are next briefly outlined (12 pp.). These include a four-year program leading to a master's degree with the cooperation of the graduate departments of Economics, History and Political Science as well as to the J.D. degree, and a program of joint study for Ph.D. and J.D. degrees. Other inter-disciplinary programs combine studies in law and medicine, and law and social science under a chairman located in the Yale Law School. In addition, there are courses of study for advanced degrees in law including a doctoral degree (J.S.D.) and for specialization in the field of criminal justice.

(6) The remainder of the Law School issue (39 pp.) is given over to brief texts on student organizations, student life and rules of conduct, student statistics and the role of alumni, especially in providing a source of funds.

9. The material in each issue of the Bulletin is basically provided by each school (T 38) or, as in the case of the Directory, by all schools (see Resp. Ex. 14, 35, p. XIX (Note on Printing)). The Bulletin itself is, however, centrally published in the Office of the Secretary of the University which must approve each issue (T 33). While it is the purpose of the Bulletin to identify the programs of each school and to provide separately in each issue information about University requirements and facilities, it is the job of the Bulletin's editor, as seen by her (T 33), to produce the Bulletin as an integrated whole.

10. In the editor's view, this is necessary because programs at Yale are becoming more and more "interdepartmentalized" (T 35) and students in one school or degree program are often directed to courses in other schools and programs. Even a college student is likely to consult more than one issue. In addition to the basic College Programs of Study he most probably will consult the Summer Term and College Introductory Information issues as well as the Directory and perhaps issues concerning other schools which he may wish to attend later (T 34-35).

11. Looking at the issues of the Bulletin in this way, the editor considered no single issue of the Bulletin as complete and the Directory as "the tie that binds the whole University and its functions together" (T 35).

12. In the academic years 1973-1974, 1974-1975 and 1975-1976, petitioner annually distributed or, as to the current year, expects to distribute through the mails between ca. 103,000 and 138,000 copies of individual issues of the Bulletin (Pet. Ex. 1 to 3). Additional copies are distributed directly on the campus (T 50).

13. a. The tabulation proferred by petitioner shows that some issues of the Bulletin, such as the Treasurer's and Librarian's reports, are mailed in less than 1,000 copies and that a number of school catalogues are mailed in less than 2,500 copies (Forestry, Music, Divinity, Institution for Social and Policy Studies, Art, Architecture, Epidemiology). Only about 1300 and 1900 copies of the University Catalogue Number and the Directory are mailed notwithstanding the latters asserted special function (FF 11, supra ).

b. On the other hand, approximately 20,000 copies each of the Graduate School and College Programs of Study issues and over 40,000 copies of the Yale College Introductory Information issue are mailed each year.

14. Bulletin issues are mailed to all who ask for it, primarily applicants for admission or their parents ( cf . T. 60). Other recipients of the Bulletin are Government agencies, foundations, libraries, potential donors or contributors and business firms interested in particular lines of training (see T 36-37). The Treasurer's report goes primarily to foundations and other grantors of funds (T 63).

15. Petitioner has a mailing list of persons and institutions to whom issues of the Bulletin are regularly sent. In view of the fact that many issues of the Bulletin are published only in small editions (Pet. Ex. 1 to 3), it is obvious that only relatively few addressees, if any, will receive each issue of the Bulletin every year. Allegedly, 32,000 copies of Bulletin issues go to the addressees on the mailing list (T 35, 60) but in the light of the explanation, furnished by the editor of the Bulletin as to the meaning of this figure (T 41), it has no value as an indication of how many addressees receive full sets of the Bulletin. I can find on the record only that the University has a list of addressees of whom a small number, such as libraries for reference purposes, in all likelihood receives a full set of the Bulletin.

16. As of the end of 1975 the Manager has examined some 300 publications of colleges and universities to ascertain whether second-class mail privileges of their publishers should be revoked. This figure represents approximately 10% of such publications. Second-class mail privileges have been revoked in about 75 cases (T 22 et seq .).

17. On the basis of the detailed findings of fact made hereinabove and the record as a whole I find:

a. Each of the "school" issues of the Bulletin stands on its own, separate from the others. Each issue contains the study programs and courses of the particular school, college or department together with general information about the institution, admission requirements and related matters, and student life, frequently in like terms. The latter information is carried forward in each volume from year to year except for such changes, albeit more frequent and costly than might be suspected, as occur between publication dates (T 47).

b. The non-school issues of the Bulletin are independent books or booklets, each covering comprehensively its assigned topic. One of these publications, the Directory, also lacks substantial article content and is a mere list of names, addresses and telephone numbers.

c. The issues of the Bulletin are largely addressed to different users and full sets are received by single addressees only in a minimum number of instances.

d. While a particular "school" publication may refer to the availability of relevant or optional courses given in another school, such references are in fact, limited and insufficient to overcome the separateness and basic completeness of each "school" volume. The same is true in respect of those situations where an individual successively might (through he or she need not) consult various bulletin issues, such as first the descriptive college or undergraduate science information volume or both, then the College Programs of Study issue, perhaps latter the Summer Term issue, etc. None of these successive uses of Bulletin issues convert each issue into a continuance of the prior issue or issues.

e. The Bulletin is not a single periodical publication but is an aggregate of individually separate, comprehensive and complete publications, each covering a particular topic ("school", function, institutional ambience). These issues, individually separate and complete, are not tied into a connected whole by the Directory which is no more than a convenient listing of names, addresses and telephone numbers of persons and organizations connected with the University. It presumably serves well those who need or desire such information but performs no perceptible function beyond.

18. If petitioner loses its second-class mail privileges for the Bulletin, its mailing expenses may rise substantially depending on the arrangements which petitioner may be able to make (see Pet. Ex. 3).

1. The definition of a periodical publication for the purpose of determining its publisher's entitlement to second-class mail privileges is set forth in the well-known and long-followed decision of Houghton v. Payne , 194 U.S. 88 (1904). The Supreme Court there spoke as follows (194 U.S. at p. 97):

"A periodical, as ordinarily understood, is a publication appearing at stated intervals, each number of which contains a variety of original articles by different authors, devoted either to general literature of some special branch of learning or to a special class of subjects. Ordinarily each number is incomplete in itself, and indicates a relation with prior or subsequent numbers of the same series. It implies a continuity of literary character, a connection between the different numbers of the series in the nature of the articles appearing in them, whether they be successive chapters of the same story or novel or essays upon subjects pertaining to general literature. If, for instance, one number were devoted to law, another to medicine, another to religion, another to music, another to painting, etc., the publication could not be considered as a periodical, as there is no connection between the subjects and no literary continuity. It could scarcely be supposed that ordinary readers would subscribe to a publication devoted to such an extensive range of subjects."

2. Applying the foregoing definition to the facts found in regard to the Bulletin of Yale University I conclude that the Bulletin as a matter of law is composed of separate publications, each complete in itself and representing a different topic. Such an aggregation of separate and complete issues does not constitute a periodical even if all issues carry the imprint of a "periodical" title and serial number or fall within the same broad field, such as famous composers, literary master pieces in prose, or stories involving the adventures of the same hero. See Bates & Guild Co. v. Payne , 194 U.S. 106 (1904); Houghton v. Payne , supra ; Smith v. Hitchcock , 226 U.S. 53 (1912). Hence, the argument that all issues of the Bulletin form a connected whole because they center around Yale University or tell its "story" - "past, present and future" (Pet. Br., p. 12) is legally insufficient to prevent revocation of petitioner's second-class mail privileges for the Bulletin. Compare Smith v. Hitchcock , supra .

3. The foregoing conclusion is in accord with that reached by the administrative law judges and the judicial officer of the U. S. Postal Service in other appeals involving second-class mail privileges of colleges and universities for their bulletin. See e . g . Northwestern Missouri State University , P.S. Docket No. 3/42 (1975); The American University , P.S. Docket No. 4/7 (In. Dec. 1975; P.S. Dec. 1976); George Washington University , P.S. Docket No. 3/142 (In. Dec. 1975; P.S. Dec. 1976); Syracuse University , P.S. Docket No. 3/197; Cleveland State University , P.S. Docket No. 4/98 (In. Dec. 1976), and other decisions cited therein.

4. Petitioner argues further (Pet. Br., pp. 15-16) that even if the Manager's ruling is correct he should not have proceeded and had no right to proceed on a case-by-case basis against individual universities or colleges and against petitioner here but should have proceeded by rule-making under the provisions of the Administrative Procedure Act (5 USC 551 et seq .).

5. This contention runs counter to established principles of law. The Manager here did not seek to establish a new mail classification or a new definition of an existing mail classification. He properly sought to assert his right to revoke second-class mail privileges heretofore improperly granted. The administrative law judges and the Judicial Officer, in turn, do not seek to establish new rules of general application. They merely seek to apply in particular cases the rule laid down by the U. S. Supreme Court in Houghton v. Payne , supra , as to what is a periodical publication for second-class mail purposes. They proceed under procedures fully published (39 CFR Part 954) to ascertain whether the Manager's action was correct. Such course of action was expressly upheld in NLRB v. Wyman-Gordon Co. , 394 U.S. 759 (1969), where, after his general statement on rule-making ( id ., at p. 764) cited by Petitioner (Pet. Br., p. 16), Mr. Justice Fortas concluded:

"In the present case, however, the respondent itself was specifically directed by the Board to submit a list of the names and addresses of its employees for use by the unions in connection with the election. *** Absent this direction by the Board, the respondent was under no compulsion to furnish the list because no statute and no validly adopted rule required it to do so.

Because the Board in an adjudicatory proceeding directed the respondent itself to furnish the list, the decision of the Court of Appeals for the First Circuit must be reversed." ( id ., at p. 766).

Here, the general rule of Houghton v. Payne , supra , which is legally binding upon the Postal Service is being applied in an individual case. That such action may properly be taken against petitioner is the applicable lesson of Wyman-Gordon .

5. But in the aspect cited by petitioner Wyman-Gordon is inapplicable. In that case the NLRB relied on one of its own adjudicatory decisions as a properly promulgated rule of general application and was admonished, by way of a strong dictum , to follow the Administrative Procedure Act in promulgating regulations in the exercise of its rule-making powers. But the Postal Service cannot conduct a rule-making proceeding in the premises. It can only initiate proceedings before an independent agency, the Postal Rate Commission (39 U.S.C. 3601 et seq .; 39 U.S.C. 3622), to define by rules periodical publications with greater specificity for second-class mail purposes. As a footnote, the Postal Rate Commission in its new classification schedule, effective 6 July 1976, leaves the language of the present regulations essentially undisturbed (PRC Docket No. MC 73-1, Phase I). See also The University of North Carolina at Chapel Hill , P.S. Docket No. 4/153 (In. Dec. 7 June 1976), slip op., pp. 4-6.

7. Accordingly, the Manager's ruling was correct and is upheld.