BEFORE THE
POSTAL RATE COMMISSION
WASHINGTON, DC 20268-0001
Docket No. R2000-1
Postal Rate and Fee Changes, 2000
INITIAL BRIEF OF
AMERICAN LIBRARY ASSOCIATION
David M. Levy
Christopher T. Shenk
Sidley & Austin
1722 Eye Street, N.W.
Washington, DC 20006
(202) 7368000
[email protected]
Counsel for American Library
September
13, 2000
BEFORE THE
POSTAL RATE COMMISSION
WASHINGTON, DC 20268-0001
Docket No. R2000-1
Postal Rate and Fee Changes, 2000
INITIAL BRIEF OF
AMERICAN LIBRARY ASSOCIATION
The American
Library Association
(“ALA”) respectfully
submits
its initial
post-trial brief.
ALA is a 501 (c) charitable
voice of America’s
ship promoting
defended
intellectual
ans, membership
friends of libraries.
and information
freedom.
Although
Sheketoff (ALA-T-l)
‘of the highest
proposed
by the Postal Service for
in the costs attributed
in Docket
in Docket No. R97-1 forced the Commission
contemplated
by the
of approximately
in Docket No. R94-1, and approximately
over the library rates established
the rate preference
and
vendors, and other
led to an average rate increase
library rate with its regular counterpart,
quality,
at 2 (28 Tr. 13391).
In Docket No. R97-1, increases
14 percent over the levels established
increases
that serves as the
most of its 59,000 members are librari-
the rate increases
Postal Service to the subclass
90 percent
services
also includes trustees, libraries, publishers,
This brief concerns
library rate mail.
organization
For more than a century, ALA has provided leader-
libraries.
library
and educational
the Standard
by Congress
Op. 8 Rec. Decis. (May 11, 1998) at m5726-45.
No. R90-1.
effectively
(B) “book
The rate
to merge the
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
increases in attributable
systems, and the Commission
questionable.”
found the Service’s cost estimates to be “highly
R97-1 Op. & Rec. Decis. at lJj 5741, 5743. The Commission
characterized
its decision to recommend
standard rates as a temporary
opportunity
expedient
the merger of library and special
intended to “offer the Postal Service an
to focus special scrutiny on Library Mail with a view to developing
permanent
expectation
causes of the anomalous
been frustrated
that the Service would identify the cause or
in costs attributed
in the present docket.
average
rate increase
massive
increases
Service appears
increases
of 4.5 percent,
above and beyond
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
a
Id. at 15745.
solution to the rate anomaly posed in this case.”
The Commission’s
escalation
costs reported by the Service’s costing
rate cases.
an
the
The
no better data the cause of the continued
to library rate mail than in Docket Nos. R94-1 or
R97-I.
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
have converted
carriers like UPS. Sheketoff
(ALA-T-l)
to
at 3
(28 Tr. 13394).Libraries
modes
and library programs
of shipping-most
notably
that cannot
the
convert
interlibrary
loan
programs that serve small and isolated rural communities-have
hard hit, because postage costs represent
2
an enormous
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,
budget.
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
that are in the most need of books for education
Perhaps the most vulnerable
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
rate preference
large
has proposed
preference
of five percent will provide little solace to America’s
mail-continue
The Commission
to library rate mail-along
has repeatedly
audio
manage-
legislation
that
Moreover
a rate
libraries and their
with other parcel and
put the Postal Service on notice in recent
of existing cost data for library rate mail, other
and other subclasses
ALA urges the-Commission
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
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 (28 Tr. 13395-96)
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 (28 Tr. 13394-95).
recreation.
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
3
manual
not to
or non-automated
processing
that would have been avoided by economical
investment
in automated
equipment
for processing
and efficient levels of
flats and parcels.
U.S.C. § 3621.
Respectfully
submitted,
David M. Levy
Christopher T. Shenk
Sidley & Austin
1722 Eye Street, N.W.
Washington, DC 20006
(202) 7368000
[email protected]
Counsel for American Library
Association
September
13,200O
4
See 39
CERTIFICATE
OF SERVICE
I hereby certify that I have this day served the foregoing
participants
of record in this proceeding
in accordance
Rules of Practice.
September
13, 2000
5
document
with section
on all
12 of the