[Federal Register Volume 68, Number 57 (Tuesday, March 25, 2003)]
[Notices]
[Pages 14437-14439]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-6999]


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POSTAL RATE COMMISSION

[Order No. 1364]


Petition Seeking a Proceeding--Additional Comments

AGENCY: Postal Rate Commission.

[[Page 14438]]


ACTION: Notice and order allowing comments.

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SUMMARY: This document informs the public that the Postal Service has 
filed a report on an internal review of certain nonpostal offerings. 
This report is relevant to a Consumer Action petition for a rulemaking. 
The document also reviews initial comments and authorizes a further 
round of comments.

DATES: Submit comments by April 18, 2003.

ADDRESSES: Submit responsive documents electronically via the 
Commission's Filing Online system, which may be accessed at http://www.prc.gov.

FOR FURTHER INFORMATION CONTACT: Stephen L. Sharmfan, General Counsel, 
202-789-6818.

SUPPLEMENTARY INFORMATION: 

Regulatory History

    67 FR 71843 (December 3, 2002).

Background

    In Order No. 1353, issued November 21, 2002, the Commission gave 
notice of a petition filed by Consumer Action requesting that 
proceedings be instituted to review the jurisdictional status of 14 
specified services and to establish rules to require a full accounting 
of all non-jurisdictional domestic services. The order noted that while 
the Commission was considering the petition, the Chairman received a 
letter from the Chairman of the Board of Governors indicating that the 
Postal Service was conducting an internal review of its ``non-postal 
service offerings.'' \1\ Chairman Rider expressed the hope that, prior 
to addressing the request for a formal proceeding, the Commission would 
afford the Postal Service an opportunity to comment on the issues and 
further that it first be able to complete its internal review.\2\ Among 
other things, Chairman Rider indicated that ``[t]he results of this 
review will also bear substantially on the representations in the 
petition.'' \3\ It was anticipated that this review would be completed 
in early January 2003.
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    \1\ Letter to the Honorable George A. Omas from the Honorable 
Robert F. Rider, Chairman of the Board of Governors, November 14, 
2002, at 1 (Rider Letter). Effective January 2003, S. David Fineman 
succeeded Mr. Rider as Chairman of the Board of Governors.
    \2\ Rider Letter at 2.
    \3\ Id. at 1.
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    Concluding that a brief deferral would not prejudice the 
petitioner, the Commission deferred action on the petition pending 
completion of the Postal Service's internal review. Accordingly, the 
Commission set January 30, 2003 as the due date for comments from 
interested persons to advise the Commission on the most appropriate way 
to proceed. PRC Order No. 1353, November 21, 2002, at 3.

Summary of Initial Comments

    Six sets of comments were received. Each is identified below, along 
with a brief summary of that commenter's recommendation of how the 
Commission should proceed.
    [sbull] Association for Postal Commerce (PostCom)--PostCom takes no 
position on the Commission's jurisdiction over the 14 services 
identified in the petition, but urges the Commission to initiate a 
rulemaking to examine establishing accounting conventions applicable to 
Postal Service offerings that are not subject to regulated rates.\4\
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    \4\ Comments of PostCom, January 30, 2003, at 1-2.
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    [sbull] Computer & Communications Industry Association (CCIA)--CCIA 
endorses the petition and urges the Commission to initiate the 
proceeding requested.\5\
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    \5\ Comments of the Computer & Communications Industry 
Association on the Motion of the Office of the Consumer Advocate to 
Request that the Commission Institute a Proceeding to Consider the 
Postal/Nonpostal Character of Specified Services and the 
Establishment of Rules to Require a Full Accounting of the Costs and 
Revenues of Nonpostal Services, January 28, 2003, at 1 and 9.
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    [sbull] Council for Citizens Against Government Waste (CCAGW)--
CCAGW endorses the petition and urges the Commission to initiate the 
proceeding requested.\6\
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    \6\ Comments of the Council for Citizens Against Government 
Waste on the Motion of the Office of the Consumer Advocate to 
Request that the Commission Institute a Proceeding to Consider the 
Postal/Nonpostal Character of Specified Services and the 
Establishment of Rules to Require a Full Accounting of the Costs and 
Revenues of Nonpostal Services, January 30, 2003, at 1.
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    [sbull] Pitney Bowes, Inc.--Pitney Bowes, while expressing some 
general concerns, noted that at the time its comments were filed no 
person had an opportunity to review the results of the Postal Service's 
internal evaluation. Thus, Pitney Bowes requests that the Commission 
provide interested persons an opportunity to comment on ``the 
appropriate scope and manner of proceeding'' after having time to 
consider the results of the Postal Service's internal review.\7\
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    \7\ Comments of Pitney Bowes, Inc., January 30, 2003, at 2.
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    [sbull] Washington Legal Foundation (WLF)--WLF supports the 
petition and urges the Commission to act favorably on it.\8\ Among 
other things, WLF also requests that interested persons be afforded an 
opportunity to comment on the results of the Postal Service's internal 
review. Id. at 5.
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    \8\ WLF letter addressed to the Commission's Secretary, Steven 
W. Williams, January 30, 2003, at 1.
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    [sbull] Postal Service--The Postal Service opposes the petition and 
requests that the Commission decline to adopt the proposals contained 
in the petition and accompanying joint letter.\9\
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    \9\ Comments of United States Postal Service on Consumer Action 
Petition, January 30, 2003, at 45; see also id. at 20 et seq. 
Concurrently with the filing of its Comments, the Postal Service 
requested leave to file a report summarizing the internal review 
referenced by Chairman Rider. United States Postal Service Request 
for Leave to File Report, January 30, 2003. At that time, the Postal 
Service anticipated filing the report in early February. The request 
to file the report is granted.
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Postal Service Report

    On March 10, 2003, the Postal Service submitted a report that 
generally describes the results of its internal review.\10\ The report 
briefly summarizes the business review process, including the 
procedures used to monitor the various services offered by the Postal 
Service. In addition, the report discusses each of the services 
identified in the Petition. The report and comments are available on 
the Commission's Web site, http://www.prc.gov.\11\
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    \10\ See Notice of United States Postal Service of Filing 
Report, March 10, 2003. Attached to the notice is the ``Report on 
Nonpostal Initiatives.''
    \11\ On the Commission's homepage, this material can be accessed 
by clicking on ``Contents'' and then either on ``Docketed Cases & 
Matters,'' or on ``Pending Cases & Matters.'' It can be found under 
``Other Matters,'' where it is listed separately.
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Additional Round of Comments

    The requests by Pitney Bowes and WLF that interested persons be 
afforded an opportunity to comment on the report are well taken. The 
report provides information not available to commenters at the time 
initial comments were filed. Providing interested persons an 
opportunity to comment on the report will assist the record. Comments 
on the report are due April 18, 2003. In addition to addressing the 
substantive aspects of the report, interested persons may also respond 
to positions and arguments contained in the initial comments of any 
commenter.

Ordering Paragraphs

    It is ordered:
    1. Notice is hereby given that interested persons may submit 
comments, as more fully described in the body of this order, concerning 
the Postal Service's ``Report on Nonpostal Initiatives,'' filed March 
10, 2003.
    2. Comments from interested persons authorized by this order are 
due no later than April 18, 2003.

[[Page 14439]]

    3. The Postal Service's request, dated January 30, 2003, for leave 
to file the report is granted.
    4. The Secretary shall arrange for publication of this notice in 
the Federal Register.

    By the Commission.

    Issued: March 19, 2003.
Steven W. Williams,
Secretary.
[FR Doc. 03-6999 Filed 3-24-03; 8:45 am]
BILLING CODE 7710-FW-P