Appeal of P.S. Docket No. 4/191 -- CREDIT BUREAU OF LOGAN, INC.

 In the Matter of the Petition by	) December 30, 1976
					)
 CREDIT BUREAU OF LOGAN, INC. 		)
 P. O. Box 512 				)
 150 South Main 			)
 Logan, Utah 84321 			) P.S. Docket No. 4/191
					)
					)
 Proposed Revocation of Second-Class 	)
 Mail Privileges for "PUBLIC RECORD 	)
 BULLETIN" 				)

 APPEARANCES FOR PETITIONER: 		George W. Preston, Esq.
					Preston, Harris, Harris & Preston
					Logan, Utah

 APPEARANCES FOR RESPONDENT:
 					Grayson M. Poats, Esq.
 					Law Department
					U. S. Postal Service
					Washington, D.C.
 Lussier, Edward F.

POSTAL SERVICE DECISION

This case is on appeal by the Petitioner, Credit Bureau of Logan, Inc., from the Initial Decision of Administrative Law Judge Quentin E. Grant. Judge Grant concluded that the publication here in issue, the Public Record Bulletin, was not entitled to continued second class mail privileges as a "newspaper or other periodical publication" within the meaning of the postal laws and regulations.

The Public Record Bulletin, described more fully in the Initial Decision, is intended for subscribers in the credit granting industry or a directly related industry. The testimony of its manager and owner establishes that it is considered a consumer report covered by the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq. That act, among other things, sets forth certain limitations on distribution of such reports and liability for willful or negligent noncompliance with the provisions of the act. One result of this is that subscribers to the Public Record Bulletin must sign a subscriber application agreeing to hold the information received in confidence and accept responsibility for any liability or damage resulting from litigation connected with its use. When one views this together with the form and content of the publication it is clear that it is not a "newspaper or other periodical publication" as that term is used for purposes of establishing a right to the second class mail privilege.

Petitioner has cited many cases dealing with the term "newspaper" but none relate to the issue of second class mail privileges. More on point and supporting the conclusion that the Public Record Bulletin is not qualified for second class mail privileges are the recent federal court cases of Institute for Scientific Information, Inc. v. USPS, Civil Action No. 75-3528 (E.D. PA, June 15, 1976) and National Auto Research Publications, Inc. v. USPS, Civil Action No. 76-766, (D.C., D.C. December 20, 1976).

Accordingly Petitioner's exceptions to Judge Grant's conclusions of law are disallowed and the Initial Decision is hereby affirmed.