In the Matter of the Petition by

WILLIAM H. LAHAN
P. O. Box 24504
San Jose, CA 94154-4504

Proposed Termination of Service for P. O. Box 24504

P.S. Docket No. 24/156

APPEARANCE FOR PETITIONER:                    William H. Lahan, Pro Se
                                                                         P. O. Box 24504
                                                                         San Jose, CA 94154-4504

APPEARANCE FOR RESPONDENT:                 Thomas A. Ziebarth, Esq.
                                                                         Consumer Protection Division
                                                                         Law Department
                                                                         United States Postal Service
                                                                         Washington, DC 20260-1112

BEFORE:                                                          Judge Edwin S. Bernstein

INITIAL DECISION

On July 10, l986, the Director of Marketing and Communications, San Jose Division, U. S. Postal Service issued a determination that the Postal Service intended to discontinue service on Petitioner William H. Lahan's Post Office Box No. 24504. By Petition dated July 1 and filed July 18, l986, Petitioner opposed this determi nation.

On August 1, l986, the Postal Service (Respondent) filed an Answer and Motion to Dismiss the Petition. Petitioner filed a letter in opposition to the motion on August 29, l986.

Upon consideration of all of the documents filed in this case and the applicable principles of law, I grant Respondent's Motion to Dismiss the Petition.

Section 951.13 of the Domestic Mail Manual (DMM) requires one who rents a post office box to file an application form (Form 1093). Information that the applicant must furnish on the form includes his street address.

Section 951.144 of the DMM adds the following requirement:

Updating Application Form. Whenever any information required on Form 1093 changes or becomes obsolete, it is the duty of the boxholder to file a revised application reflecting such changes. Changes or obsolete information must be updated as soon as noted.

Section 951.82 of the DMM provides:

Termination of Service. A postmaster may close a post office box when the boxholder has:

a. Falsified the application for the box;

b. Physically abused the box; or

c. Violated any regulation or contractual term or condition relating to the care or use of the box.

Petitioner admits that he has failed to furnish a current address to update his application as is required by DMM Section 951.13 and 951.144. Moreover, the reasons furnished by Petitioner in his letters filed on July 14 and August 29, l986, do not excuse his failure to comply with the regulation.

The termination of service to Petitioner's post office box does not abrogate Mr. Lahan's right to receive mail service. As DMM § 951.11 states, all postal customers are entitled to receive mail by general delivery or carrier service. However, if one wishes post office box service, he must comply with Postal requirements.

Since Petitioner has violated DMM § 951.13 and 951.144, the Postal Service's Determination to Close Petitioner's Post Office Box was correct and I grant Respondent's Motion to Dismiss the Petition.