§404a. Specific limitations — Inbound Citations

Implementing Regulations (Code of Federal Regulations)

Statutory authority for 6 regulations in the Code of Federal Regulations.

• 39 C.F.R. § 3024.1 — Applicability.

  Go to regulation →
• 39 C.F.R. § 3024.2-3024.4 — [Reserved]

  Go to regulation →
• 39 C.F.R. § 3024.5 — Postal Service rules that create an unfair competitive advantage.

  Go to regulation →
• 39 C.F.R. § 3024.6 — Disclosure, transfer, and licensing of intellectual property.

  Go to regulation →
• 39 C.F.R. § 3024.7 — Unlawfully obtaining information.

  Go to regulation →
• 39 C.F.R. § 3024.8 — Statutorily authorized affirmative defense.

  Go to regulation →

Code of Federal Regulations Citations

Cited by 6 regulations in the Code of Federal Regulations.

• 39 C.F.R. § 3010.200(b) — Applicability.

  Go to regulation →

  (b) Unless the Commission orders otherwise, this subpart shall not apply to proceedings governed by subpart F of this part (Proceedings with an Opportunity for a Hearing on the Record). This subpart also shall not apply to the following parts of subchapter D of chapter III (Special Rules of Practice for Specific Proceeding Types) of this title: part 3020 (Rules Applicable to Requests for Changes in the Nature of Postal Services), part 3021 (Rules for Appeals of Postal Service Determinations to Close or Consolidate Post Offices), part 3022 (Rules for Complaints) of this chapter, part 3023 (Rules for Rate or Service Inquiries), and part 3024 (Special Rules for Complaints Alleging Violations of 39 U.S.C. 404a). This subpart shall not apply to any proceeding governed by §§ 3041.325, 3041.505(f), and 3041.505(g) (Competitive Negotiated Service Agreements) of this chapter.

• 39 C.F.R. § 3024.1 — Applicability.

  Go to regulation →

  The rules in this part govern proceedings filed under 39 U.S.C. 3662 alleging violations of 39 U.S.C. 404a that meet the requirements of §§ 3022.2 and 3022.10 of this chapter.

• 39 C.F.R. § 3024.5(a) — Postal Service rules that create an unfair competitive advantage.

  Go to regulation →

  (a) A complaint alleging a violation of 39 U.S.C. 404a(a)(1) must show that a Postal Service rule, regulation, or standard has the effect of:

  (1) Precluding competition; or

• 39 C.F.R. § 3024.6(a) — Disclosure, transfer, and licensing of intellectual property.

  Go to regulation →

  (a) A complaint alleging a violation of 39 U.S.C. 404a(a)(2) must show that the Postal Service has compelled or attempted to compel the disclosure, transfer, or licensing of the intellectual property of the person filing the complaint to a third party.

• 39 C.F.R. § 3024.7(a) — Unlawfully obtaining information.

  Go to regulation →

  (a) A complaint alleging a violation of 39 U.S.C. 404a(a)(3) must show that:

  (1) The person filing the complaint has provided or sought to provide a product;

  (2) The Postal Service obtained information about such product from the person filing the complaint; and

  (3) The Postal Service offers or offered a postal service that uses or is based, in whole or in part, on the information obtained from the person filing the complaint.

• 39 C.F.R. § 3024.8(a) — Statutorily authorized affirmative defense.

  Go to regulation →

  (a) As an affirmative defense to an allegation of a violation of 39 U.S.C. 404a(a), the Postal Service may demonstrate that it is specifically authorized by law to take the action or inaction alleged to be a violation of that section.

Citations to 39 U.S.C. § 404a as a whole

• 39 U.S.C. § 401

  Go to provision →

  Subject to the provisions of section 404a, the Postal Service shall have the following general powers:

• 39 U.S.C. § 404(a)

  Go to provision →

  (a) Subject to the provisions of section 404a, but otherwise without limitation of the generality of its powers, the Postal Service shall have the following specific powers, among others:

  (1) to provide for the collection, handling, transportation, delivery, forwarding, returning, and holding of mail, and for the disposition of undeliverable mail;

  (2) to prescribe, in accordance with this title, the amount of postage and the manner in which it is to be paid;

  (3) to determine the need for post offices, postal and training facilities and equipment, and to provide such offices, facilities, and equipment as it determines are needed;

  (4) to provide and sell postage stamps and other stamped paper, cards, and envelopes and to provide such other evidences of payment of postage and fees as may be necessary or desirable;

  (5) to provide philatelic services;

  (6) to investigate postal offenses and civil matters relating to the Postal Service;

  (7) to offer and pay rewards for information and services in connection with violation of the postal laws, and, unless a different disposal is expressly prescribed, to pay one-half of all penalties and forfeitures imposed for violations of law affecting the Postal Service, its revenues, or property, to the person informing for the same, and to pay the other one-half into the Postal Service Fund; and

  (8) to authorize the issuance of a substitute check for a lost, stolen, or destroyed check of the Postal Service.

• 39 U.S.C. § 3662(a)

  Go to provision →

  (a) Any interested person (including an officer of the Postal Regulatory Commission representing the interests of the general public) who believes the Postal Service is not operating in conformance with the requirements of the provisions of sections 101(d), 401(2), 403(c), 404a, or 601, or this chapter (or regulations promulgated under any of those provisions) may lodge a complaint with the Postal Regulatory Commission in such form and manner as the Commission may prescribe.