United States Postal Service(TM)



 In the Matter of the Complaint Against

 AMERICAN SWITCHBOARD ASSOCIATION
 108 Orchard Drive at
 Palmer, Tennessee 37365

 and

 CARDO ENTERPRISES
 200 White Road
 P. O. Box 125 at
 Palmer, Tennessee 37365

 P.S. Docket No. 7/128;  
 
 05/05/80
 
 Cohen, James A.  

POSTAL SERVICE DECISION

ON BREACH OF CONSENT AGREEMENT

On March 6, 1980, Complainant filed a Petition for Order Based on Breach of Consent Agreement in which it alleges that Respondent has breached the terms of the Consent Agreement dated January 21, 1980. In its Petition, Complainant sought the issuance of a temporary detention order which was issued on March 7, 1980. In accordance with the terms of the Consent Agreement Complainant also seeks issuance of a mail stop order authorized by 39 U.S.C. § 3005 or such order as modified to allow all detained mail relating to the subject enterprise to be returned to senders subject to Respondent's right, to be exercised within 5 business days, to review all of the detained mail or none of it, at its option. By order dated

March 7, 1980, Respondent was granted a period of 10 days in which to respond to the Petition. No response has been filed by Respondent.

On April 10, 1980, Complainant filed a second Petition alleging that, under the name Cardo Enterprises at 200 White Road, P. O. Box 125, Palmer, Tennessee 37365, Respondent is continuing to make the representations it had agreed in the Consent Agreement to discontinue. An interim detention order was issued against Respondent under the name and at the address stated above, and Respondent was granted a period of 10 days in which to file a reply to the Petition. No reply to the Petition has been filed by Respondent.

Complainant has made a prima facie showing that Respondent has breached the Consent Agreement in the manner alleged in both Petitions. Accordingly, pursuant to the terms of the Consent Agreement, an order under 39 U.S.C. § 3005 is being issued contemporaneously with this decision.