Appeal of P.S. Docket No. MD-99 -- ADVANCED TELECOMMUNICATIONS, INC. and ATI TELECOMMUNICATIONS, INC.

 In the Matter of a Mail Dispute Between:

 ADVANCED TELECOMMUNICATIONS, INC.,
 c/o DONALD B. KRAVITZ, PRESIDENT
 and
 ATI TELECOMMUNICATIONS, INC.,
 c/o WILLIAM K. RYAN

 P.S. Docket No. MD-99

 1/18/91

 Mason, Randolph D., Administrative Law Judge

 APPEARANCE FOR MR. RYAN: William Goldstein, Esq., 4 Greenwood Square,
 Ste. 200, P. O. Box 5018, Bensalem, PA  19020-8544, 

 APPEARANCE FOR MR. KRAVITZ: Allen H. Vernon, Jr., 8th St. & Asbury Avenue,
 P.O. Box 385, Ocean City, New Jersey 08226-0385

INITIAL DECISION ON REMAND

This mail dispute proceeding was docketed under Domestic Mail Manual § 153.72, which requires Regional Counsel to forward certain unresolved mail disputes to this Department for decision. After both parties filed submittals, an Initial Decision was rendered on November 16, 1990. The decision held that mail addressed to "ATI" at 9187 New Falls Road, Levittown, PA 19054-1802 should be delivered in accordance with the instructions of Donald B. Kravitz, president of ATI Advanced Telecommunications, Inc. Thereafter, Disputant ATI Telecommunications, Inc., filed an

exception raising an issue not presented to the Administrative Law Judge. The Acting Judicial Officer remanded the case to the undersigned to determine to whom delivery should be made of mail addressed to 9187 New Falls Road where the address also includes either the name Donald B. Kravitz, William K. Ryan or Kenneth E. Ryan. Both parties filed submittals. The following findings of fact and conclusions of law are based upon the submittals and exhibits attached thereto:

FINDINGS OF FACT

The findings of fact set forth in the Initial Decision dated November 16, 1990, are hereby reaffirmed:

1. Disputant ATI Advanced Telecommunications, Inc. ("ATI 1") is owned by its President, Donald B. Kravitz. The corporation was incorporated in June of 1989. Prior to March of 1990, the corporation operated at two locations: 9187 New Falls Road, Levittown, PA 19054-1802 and at another location in Ocean City, New Jersey. Mr. Kravitz was physically located at the Ocean City location, and Disputant Kenneth Ryan, an employee of the corporation, operated the Levittown, PA facility.

2. On March 31, 1990, Mr. Kravitz closed the Levittown office of the corporation and moved the equipment to another location in Ocean City. He also negotiated a termination of the lease on the Levittown office space effective April 15, 1990.

3. On April 2, 1990, Disputant Ryan formed a new corporation, ATI Telecommunications, Inc. ("ATI 2"). He also entered into a

new lease for the same office space at 9187 New Falls Road, Levittown, PA.

4. In view of the confusingly similar corporate names, ATI 2 now operates under the names InfoNET Telecommunications, Inc., and Worldlink North America.

ADDITIONAL FINDINGS AND CONCLUSIONS

1. The conclusions of law contained in the Initial Decision dated November 16, 1990 are incorporated herein by reference except to the extent the proposed order has been modified herein.

2. ATI 2 originally requested that all mail addressed to 9187 New Falls Road be delivered to it. ATI 2 now agrees that all mail addressed to "ATI" or "ATI Advanced Telecommunications, Inc." at that address should be delivered in accordance with the direction of the president of ATI 1, Donald B. Kravitz. However, ATI 2 now takes the position that any mail addressed to 9187 New Falls Road which also contains either the name William K. Ryan or Kenneth Ryan should be delivered to the named individual since the Ryans are now operating their own business at that location.

3. On the other hand, Mr. Kravitz and ATI 1 take the position that any mail addressed to ATI or ATI Advanced Telecommunications, Inc., at 9187 New Falls Road should be delivered in accordance with the instruction of Mr. Kravitz, president of ATI 1, even if such mail also contains either the name William K. Ryan or Kenneth Ryan in the address. The vast majority of ATI 1's 13,000 customers have not been notified of the rift between the Ryans and

Mr. Kravitz. For the reasons set forth below, Mr. Kravitz's position is sustained.

4. Domestic Mail Manual § 153.41 provides that mail addressed to a former employee of a private organization at the address of the organization will be delivered to the organization when such mail is claimed both by the former employee and by the organization. DMM § 153.42 provides that mail addressed elsewhere to a private official by title or to the organization, even though marked to the attention of a particular person or title, will be delivered to the organization, if it so directs. In the instant case, William K. Ryan and Kenneth Ryan are both former employees of ATI

1. Therefore, since it has been held that mail addressed to "ATI" at 9187 New Falls Road is intended for ATI 1, then the mere fact that either William or Kenneth Ryan is also named as an addressee does not alter the determination that such mail will be delivered in accordance with the instructions of Mr. Kravitz, president of ATI 1.

5. There is no dispute concerning mail addressed to William or Kenneth Ryan at 9187 New Falls Road without any reference to ATI or Advanced Telecommunications, Inc. Such mail shall be delivered to William or Kenneth Ryan as addressed.

6. Also, there is no dispute concerning mail addressed to 9187 New Falls Road which contains the name Donald B. Kravitz. Such mail shall be delivered in accordance with Mr. Kravitz's instructions.

7. This decision resolves the issue of delivery of the disputed mail but does not determine the ownership of the mail. In the event that Mr. Kravitz and ATI 1 receive mail pursuant to this decision that belongs to ATI 2, they will be responsible for assuring that such mail is forwarded to ATI 2.

8. The attached mail delivery instruction should be issued.