U.S. Code » Title 39 » Part PART I— GENERAL › Chapter CHAPTER 1— POSTAL POLICY AND DEFINITIONS

39 U.S.C. § 102

Definitions

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As used in this title—(1) “Postal Service” means the United States Postal Service established by section 201 of this title;(2) “Board of Governors”, and “Board”, unless the context otherwise requires, mean the Board of Governors established under section 202 of this title;(3) “Governors” means the 9 members of the Board of Governors appointed by the President, by and with the advice and consent of the Senate, under section 202(a) of this title;(4) “Inspector General” means the Inspector General appointed under section 202(e) of this title;(5) “postal service” refers to the delivery of letters, printed matter, or mailable packages, including acceptance, collection, sorting, transportation, or other functions ancillary thereto;(6) “product” means a postal service with a distinct cost or market characteristic for which a rate or rates are, or may reasonably be, applied;(7) “rates”, as used with respect to products, includes fees for postal services;(8) “market-dominant product” or “product in the market-dominant category of mail” means a product subject to subchapter I of chapter 36;(9) “competitive product” or “product in the competitive category of mail” means a product subject to subchapter II of chapter 36; and(10) “year”, as used in chapter 36 (other than subchapters I and VI thereof), means a fiscal year.(Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 720; Pub. L. 104–208, div. A, title I, § 101(f) [title VI, § 662(a)(2)], Sept. 30, 1996, 110 Stat. 3009–314, 3009–379; Pub. L. 109–435, title I, § 101, Dec. 20, 2006, 120 Stat. 3199.)Editorial NotesAmendments

2006—Pars. (5) to (10). Pub. L. 109–435 added pars. (5) to (10).

1996—Par. (4). Pub. L. 104–208 added par. (4).

Statutory Notes and Related SubsidiariesEffective Date

Section effective July 1, 1971, pursuant to Resolution No. 71–9 of the Board of Governors. See section 15(a) of Pub. L. 91–375, set out as a note preceding section 101 of this title.

Notes of Decisions
Cited in 19 cases (2 in the last 5 years), 1972–2023 · leading case: Lepage's 2000, Inc. v. Postal Regulatory Comm'n, 642 F.3d 225 (D.C. Cir. 2011).
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Lepage's 2000, Inc. v. Postal Regulatory Comm'n, 642 F.3d 225 (D.C. Cir. 2011). · cites it 2× “The Commission contends that LePage’s is wrong that the Commission should have classified the program as a “postal service” because the activity at issue — licensing— does not meet the definition of a “postal service” in 39 U.S.C. § 102 (5). The programs the Commission…”
Shellie Ellison v. USPS, 84 F.4th 750 (7th Cir. 2023). “That said, the services case, which defines the “program as a whole” as “various mailing and other services, including in-person experiences” and defines the “Postal Service” as “the provision of mailing services and other associated activi- ties.” App. Dkt. 24 at 13, 17–18. 6…”
U.S. Postal Serv. v. Postal Regulatory Comm'n, 886 F.3d 1253 (D.C. Cir. 2018). · cites it 2× “§ 3622 (d)(1)(A) ; the statute defines "rates" as "fees for postal services," 39 U.S.C. § 102 (7). In USPS v. Postal Regulatory Comm'n , 785 F.”
United States Postal Serv. v. Postal Regulatory Comm'n, 640 F.3d 1263 (D.C. Cir. 2011). “60 provides generally: “The Postal Service may request to increase rates for market dominant products in excess of the annual limitation on the percentage changes in rates described in § 3010.”
United Parcel Serv., Inc., a New York Corp., & United Parcel Serv., Inc., & Ohio Corp. v. United States Postal Serv., 604 F.2d 1370 (3rd Cir. 1979). “39 U.S.C. § 102 (3). The Governors are appointed with the advice and consent of the Senate and are to represent the public interest in the exercise of the powers of the Postal Service by the Board of Governors.”
Nat'l Ass'n of Greeting Card Publishers v. United States Postal Serv., 569 F.2d 570 (D.C. Cir. 1976). “For instance, the power to submit to the Commission a request for a recommended decision on changes in postal rates and fees is entrusted to the Postal Service and hence, under the terms of the Act, to the Board as the body which directs the exercise of power of the Postal…”
Humane Soc'y of the United States v. United States Postal Serv., 609 F. Supp. 2d 85 (D.D.C. 2009). “See 39 U.S.C. § 102 (providing definitions for words used in this title, but none for the word “proceedings”).”
Hill, Christopher & Phillips, P. C. v. United States Postal Serv., 535 F. Supp. 804 (D.D.C. 1982). “39 U.S.C. § 102 (1976). 9 . 39 U.S.C. § 101 (c) (1976).”
Direct Mail Advert. Ass'n, Inc. v. United States Postal Serv., 458 F.2d 813 (D.C. Cir. 1972). “In accordance with the foregoing interpretation of the Act, we reverse the order of the District Court granting summary judgment to the appellees, and remand the case for proceedings consistent with this opinion.”
Mail Advert. Corp. of Am., Inc. v. United States Postal Serv., 459 F.2d 1182 (D.C. Cir. 1972). “See 39 U.S.C. §§ 102 , 202, 3641 (1970). Petitioners’ remaining claims regarding the Act’s unconstitutionality concern the lack of any express provision for a hearing prior to implementation of temporary rates, and the lack of any provision to account for the revenue received by…”
Associated Third Class Mail Users v. United States Postal Serv., 405 F. Supp. 1109 (D.D.C. 1975). “(See 39 U.S.C. §§ 102 , 202, 3641 (1970)).” Mail Advertising Corporation of America, Inc.”
Usps v. Prc (D.C. Cir. 2018). · cites it 2× “§ 3642 as also a change in “rates,” as defined by 39 U.S.C. § 102 (7), that is subject to the statutory rate cap imposed by 39 U.”
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