BEFORE THE
POSTAL RATE COMMISSION
WASHINGTON, DC 20268-0001
Docket No. R2000-1
Postal Rate and Fee Changes, 2000
AMERICAN
TRIAL BRIEF OF
LIBRARY ASSOCIATION
David M. Levy
Christopher T. Shenk
Sidley &Austin
1722 Eye Street, N.W.
Washington, DC 20006
(202) 736-8000
[email protected]
Counsel for American Library
Association
June 29,200O
BEFORE THE
POSTAL RATE COMMISSION
WASHINGTON, DC 20268-0001
Docket No. R2000-1
Postal Rate and Fee Changes, 2000
AMERICAN
The American
TRIAL BRIEF OF
LIBRARY ASSOCIATION
Library Association
(“ALA”)
respectfully
submits
this trial
brief.
ALA is a 501 (c) charitable
voice of America’s
ship promoting
defended
and educational
library
intellectual
friends of libraries.
library rate mail.
and information
freedom.
Although
services
of the highest
Sheketoff (ALA-T-l)
proposed
In Docket No. R97-1, increases
vendors, and other
by the Postal Service for
in the costs attributed
by the
led to an average rate increase of approximately
14 percent over the levels established
in Docket No. R94-1, and approximately
over the library rates established
in Docket
in Docket No. R97-1 forced the Commission
library rate with its regular counterpart,
the rate preference
and
at 2.
the rate increases
Postal Service to the subclass
quality,
most of its 59,000 members are librari-
also includes trustees, libraries, publishers,
This brief concerns
increases
that serves as the
libraries. For more than a century, ALA has provided leader-
ans, membership
90 percent
organization
contemplated
the Standard
by Congress
Op. & Rec. Decis. (May 11, 1998) at ljlj 5726-45.
No. R90-1.
effectively
The rate
to merge the
(B) “book” rate, eliminating
for library rate mail.
See R97-1
In Docket No. R97-1, the Postal Service was unable to explain the causes
of the enormous
systems,
increases
in attributable
and the Commission
questionable.”
found the Service’s
by the Service’s costing
cost estimates
R97-1 Op. & Rec. Decis. at m 5741, 5743.
characterized
standard
costs reported
its decision
to recommend
rates as a temporary
expedient
the merger
to be “highly
The Commission
of library
and special
intended to “offer the Postal Service an
opportunity
to focus special scrutiny on Library Mail with a view to developing
permanent
solution to the rate anomaly posed in this case.”
The Commission’s
expectation
causes of the anomalous
been frustrated
rate increase
massive
increases
Service appears
escalation
increases
in costs attributed
of 4.5 percent,
an
above and beyond the
in the previous two omnibus
to have developed
in costs attributed
to library rate mail have
In this case, the Service is proposing
for the subclass
implemented
Id. at 75745.
that the Service would identify the cause or
in the present docket.
average
a
rate cases.
The
no better data the cause of the continued
to library rate mail than in Docket Nos. R94-1 or
R97-1.
The further rate increases
devastating
proposed
in this docket will only compound
effects of the previous rate increases.
The increases
the
implemented
in
Docket No. R94-1 and R97-1 have already caused the volume of mail entered at
the library rate to plummet, as many libraries and publishers
the book rate, or even to commercial
Libraries
modes
and library programs
of shipping-most
notably
carriers like UPS. Sheketoff (ALA-T-l)
that cannot
the
convert
interlibrary
loan
programs that serve small and isolated rural communities-have
hard hit, because postage costs represent
budget.
have converted
an enormous
to
at 3.
to these alternative
and
books-by-mail
been especially
percentage
of their total
Id. While an increase in the library postal rate will harm larger libraries,
2
the financial
blow to smaller ones will be even greater.
As the cost of shipping
books to smaller libraries increases, the larger ones will have no choice but to cut
back on the number of books sent to smaller libraries-many
and isolated communities
recreation.
that are in the most need of books for education
to increases
elderly, physically disabled, and other individuals
library loan and “Book by Mail” programs
circulated
through
these
vital information
ment, eldercare,
and other care-giving.
In the present
would establish
with limited mobility.
including
on preventative
large
rate preference
has proposed
preference
of five percent will provide little solace to America’s
mail-continue
The Commission
to library rate mail-along
has repeatedly
manage-
legislation
that
Moreover
a rate
libraries and their
with other parcel and
of existing cost data for library rate mail, other
of non-letter
For this reason,
by its costing systems to library rate mail will
actually occur, and to reject claims of increasing
able data or unsubstantiated
mail.
to hold the Postal Service to its burden of demon-
strating that the costs attributed
processing
audio
put the Postal Service on notice in recent
and other subclasses
ALA urges the Commission
attribute
and
to outpace inflation.
rate cases about the inadequacy
small mail subclasses,
citizens.
of five percent for library rate mail.
of the bill as law is by no means certain, however.
flat-shaped
print
health care, financial
Enactment
if the costs attributed
The inter-
Id. at 4-5.
case, the Postal Service
a permanent
in the library rate are America’s
are lifelines for housebound
programs,
books-provide
patrons
and
Id. at 3-4.
Perhaps the most vulnerable
Books
of which serve poor
guesswork.
costs that rest merely on unreli-
ALA also urges the Commission
to library rate mail the costs of needless
manual
that would have been avoided by economical
3
not to
or non-automated
and efficient levels of
investment
in automated
equipment
for processing
flats and parcels.
U.S.C. § 3621.
/
David M. Levy
Christopher T. Shenk
Sidley &Austin
1722 Eye Street, N.W.
Washington, DC 20006
(202) 736-6000
[email protected]
Counsel for American Library
Association
June 29,200O
4
See 39
CERTIFICATE
OF SERVICE
I hereby certify that I have this day served the foregoing
participants
of record in this proceeding
Rules of Practice.
June 29,200O
in accordance
document
with section
on all
12 of the