§3642 New Products and Transfers of Products Between the Market-dominant and Competitive Categories of Mail

Summary

The Postal Regulatory Commission can add, remove, or move mail products between the market-dominant list and the competitive list when the Postal Service, mail users, or the Commission ask for it. A product goes on the market-dominant list if the Postal Service has enough power over it to set prices well above costs, raise prices, or cut quality or output without losing much business. All other products go on the competitive list. Products that the law reserves to the United States cannot be moved off the market-dominant list. The Commission must also consider whether private companies deliver the product, what users think, and how small businesses would be affected. Parts of a class or subclass can be moved on their own. When the Postal Service asks for a change, it must file and publish a notice explaining why the product meets the rules and, if moving to competitive, that it follows the Commission’s rules. The Commission must publish new lists and say when old lists are replaced. The Postal Service may not offer any physical delivery of letters, printed matter, or packages unless the service has been placed in one of these two categories or another law allows it.