Postal Q & A: Subscriptions in arrears, sacks vs. trays, etc.

Here are some recent questions and answers, without identities, to the NNA postal hotline, shared for their interest to publishers and circulation managers.

Q: How long can we keep expired subscriptions on our mailing list and still count them as valid paid? (Caller found a newspaper in group with subs two years in arrears.)
A: DMM 207. 7.6 Expired Subscription says “Copies may be mailed at the prices that apply to subscriber copies for 6 months after a subscription has expired if the publisher makes a good-faith attempt to obtain payment or a promise of payment for a renewal during the 6-month period. These copies are not considered subscriber copies for determining eligibility for Periodicals mailing privileges, the base for computing the 10% nonsubscriber limits, or whether an issue is a bona fide issue.”
The Postal Service announced July 1 in DMM Advisory email that, due to publisher difficulties in obtaining renewals during the COVID-19 pandemic, “we are temporarily extending expiration dates of all legitimate requests for extension by legitimate subscribers for six months, effective from Jan. 15,2020.
“This new temporary extension is available until October 31, 2020, to legitimate requesters or legitimate subscribers whose subscriptions would have expired on January 15. This should allow publishers to count requests or subscriptions that either expired or would have expired between Jan. 15 and October 31 as legitimate requesters or legitimate subscribers/paid publications ... who continued to receive the publications during this period.
“Starting on Nov. 1, 2020, this temporary exception to the DMM will no longer be in effect, and the three-year requester requirement and the paid subscriber requirement will apply.”
Publishers are reminded that the deadline for filing their PS Form 3526, Statement of Ownership, Management and Circulation by October 1, 2020, at their original entry post office is still in effect under DMM 207.8.3.1.
I would add that this six-month allowance is at the discretion of the publisher. If a publication wishes to be stricter with renewal expirations, it can. Amusingly, the first weekly I worked for at one time had a slogan in its nameplate that said, “The Newspaper That Stops at Expiration.” I suspect it was aimed at a competitor’s practices.

Q: A post office asked us to submit five copies of our Requester Periodical to comply with the annual audit under the “Alternate Marked Copy Process.” Is that correct?
A: No, under the policy negotiated by NNA with Business Mail Acceptance, only one marked copy is to be requested at first. ONLY THEN, if the advertising percentage is more than 5% over that claimed on postage statement for that issue, does the post office ask for four more marked copies to check.

Q: Can a horoscope, TV listing, crossword and even school lunch menus be made to count as advertising? An auditor told our postmaster to make us start counting them.
A: No, unless any of those features are sponsored at a rate that pays the full cost of the space occupied, which is rare. I talked to the auditor, who was freshly trained, and told him the NNA member paper would have to appeal to the NYC PCSC. He short-circuited the appeal by calling them and learned that the newspaper was correct in counting all such syndicated features as non-advertisng matter.

Q: Must tabloid publications produced by Athlon Media be counted as 100% advertising, as the auditor is requesting?
A: No, not unless Athlon pays the newspaper to insert the tabloids. NNA first obtained the clarity on this in a letter ruling for American Profile, for which users paid Athlon a small fee. In that case, the ad/edit split is measured.

Q: Postmaster located in town with our printer told them they must use sacks instead of trays. As a result, our delivery is suffering. Can they do that?
A: No. Under the DMM provision below, Periodicals have the option to use flats trays (white tubs) for all mail leaving the area. (Mail entered at local offices can be in bundles only, no containers under DMM 207.23.4.2.)
DMM 207.22.7 OPTIONAL TRAY PREPARATION — FLAT-SIZE PIECES
As an option, mailers may place machinable flats in flat trays instead of sacks. Mailers also may prepare nonmachinable flats in flat trays. Bundling is not permitted unless a bundle is more finely presorted than the tray’s presort destination. The trays are subject to a container charge, and any bundles are subject to a bundle charge.

Q: Does a paper HAVE to be mailed on the designated day to avoid being at fault of not having a paper that week?
A: USPS has ruled that you may write the postmaster at the office where you enter your papers and simply inform them that you will not publish an issue or publish on a different date. That's it. USPS is making accommodations for the pandemic and is not going to enforce the frequency requirement for periodical mailers for the time being, said Matt Paxton, NNA Postal Chair.

Max Heath is a postal consultant for NNA members and Landmark Community Newspapers, Shelbyville, Kentucky. Email maxheath@lcni.com.