United States Postal Service(TM)


 In the Matter of the Complaint Against

 BELCOM,
 P. O. Box 40118 at
 Cleveland, OH 44140-0118

 P.S. Docket No. 19/41

 November 19, 1986

 James A. Cohen Judicial Officer

 APPEARANCES FOR COMPLAINANT:
 Thomas A. Ziebarth, Esq.  
 Timothy J. Mahoney, Esq. 
 Consumer Protection Division
 Law Department 475
 L'Enfant Plaza West, SW
 Washington, DC 20260-1112 

 APPEARANCE FOR RESPONDENT:
 David S. Wells
 P. O. Box 11789
 Costa Mesa, CA 92627-0789

POSTAL SERVICE DECISION ON

BREACH OF CONSENT AGREEMENT

On October 8, 1986, Complainant filed a Petition for Orders Based upon Breach of Consent Agreement, alleging that David S. Wells has breached the terms of a Consent Agreement which he executed on March 20, 1985, as Secretary of Respondent Belcom. Complainant contends that Mr. Wells is a party in privity with Respondent and, contrary to the terms of the Consent Agreement, has resumed mailing solicitations in the guise of bills or invoices which falsely represent that money is due and owing to: Interstate Yellow Pages, P. O. Box 11789, Costa Mesa, CA 92627; and Interstate Classified Directory, P. O. Box 6767, Buffalo, NY 14240-6767.

On October 15, 1986, an Interim Detention Order requested by Complainant and authorized by paragraph 9 of the Consent Agreement was issued against the above names and addresses. The Interim Detention Order granted Respondent a period of ten days in which to file a reply. No reply has been filed by Respondent in the time allowed or as of the date of this Decision. In the absence of a reply, the allegations in the Petition are deemed admitted. Such allegations, supported by the exhibits attached to the Petition, constitute a prima facie showing that the Consent Agreement has been breached.

Accordingly, pursuant to the terms of the Agreement, an Order under 39 U.S.C. 3005 as requested in the Petition is issued with this Decision.