In the Matter of the Petition by 	) May 24, 1976
					)
 O'SHEA PUBLISHING COMPANY, INC. 	)
 Orchard Street 			)
 Enosburg Falls, Vermont 05450 		)
					) P.S. Docket No. 4/49
					)
 Proposed Revocation of Second-Class 	)
 Mail Privileges for "JOURNAL-GAZETTE", )
 "ENOSBURG STANDARD" and "ST. ALBANS 	)
 LEADER"				)
 Lussier, Edward F.  

 

The Initial Decision in this case was rendered on October 31, 1975. The file reflects that Petitioner received a copy of this decision on November 3, 1975. Under the applicable Rules of Practice, Petitioner had until November 18 in which to file its formal appeal from the Initial Decision. Under date of November 13, 1975, Petitioner advised that it was negotiating an agreement with the Postal Service and that "Until agreement is formally ratified we are filing appeal taking exception to this ruling." This letter was not a proper appeal since it failed to comply with the requirements of Section 954.20(c) of the Rules of Practice. However, Respondent requested that the time for filing proper appeal be extended until January 5, 1976, so that the parties might have sufficient time to conclude a settlement. This motion was granted on December 2, 1975. On January 5, 1976, Respondent filed a further motion for a suspension to permit the parties to work out a settlement. This motion was granted by order dated January 6, 1976.

On April 6, 1976, Respondent filed a status report advising that the parties had not been able to work out a satisfactory agreement and that Petitioner had been given until April 26, 1976 "to submit a masthead proposal that is acceptable to the Postal Service." On May 6, 1976, Respondent filed a motion advising that Petitioner's latest proposal had been found inadequate and that negotiations had failed to reach agreement. The motion requested that a reasonable date be set for Petitioner to file an appeal from the Initial Decision pursuant to Rule 20 of the Rules of Practice and further requested that Petitioner be sent a copy of the Rules of Practice to be sure that it would follow the requirements thereof.

On May 6, 1976, an order was issued giving Petitioner 15 days from receipt thereof, which receipt took place on May 8, 1976, in which to file a formal appeal in compliance with the requirements of Rule 20. A copy of the rules was attached to the order. Under date of May 19, 1976, Petitioner addressed a letter to the Judicial Officer in effect asking for additional time in which to conduct further negotiations with the Postal Service. Petitioner has not filed an appeal in compliance with Rule 20 and has not shown good cause for a further extension of time. In view of the above circumstances, the Initial Decision issued on October 31, 1975, is hereby adopted and is the final agency decision of the Postal Service as provided by Section 954.19(b) of the Rules of Practice (39 C.F.R. § 954.19(b)).