depending on whether a given mailer presorts its outbound pieces. Such differences are the result of reasonable pricing differences that exist between the various and presort rates applicable to First-Class Mail letters and flats. The price granted by the remedy is not as low as the alternative remedy sought by GameFly, and even at this rate, GameFly mail may continue to generate more than double the contribution per piece than Netflix mail. However, the remaining rate disparity is reasonable in light of the differences between letter-shaped and flatshaped round-trip DVD mailers. By making the letter-shaped and flat-shaped round-trip DVD mailer rates available to all qualifying mailers, any potential discrimination against other similarly situated mailers is also remedied. As noted at the beginning of this section, the Implementation of the remedy. Commission has broad authority under section 3662(d) to fashion an appropriate remedy when it finds a complaint to have been justified. Since this is the first proceeding under section 3662 in which the Commission will impose a remedy, it is appropriate not only to specify the content of the remedy as discussed above, but to give the Postal Service both adequate direction regarding the form of the remedy and adequate time to implement the remedy. Attached to this Order as Appendix B is Mail Classification Schedule language that sets forth the terms of the pricing remedy established by this Order for round-trip DVD letter and flats mailers. Within 15 days of the date of issuance of this Order, the Postal Service shall file with the Commission a notice stating the date upon which Appendix B and the rates and terms and conditions contained therein shall be implemented. Such implementation date shall not be more than 60 days following the date of issuance of this Order. For good cause shown, the Commission may extend the implementation date by up to 30 days. Not than 45 days prior to the implementation date of Appendix B, the Postal Service shall provide public notice of rates and terms and conditions contained in Appendix B.
depending on whether a given mailer presorts its outbound pieces. Such differences are the result of reasonable pricing differences that exist between the various and presort rates applicable to First-Class Mail letters and flats. The price granted by the remedy is not as low as the alternative remedy sought by GameFly, and even at this rate, GameFly mail may continue to generate more than double the contribution per piece than Netflix mail. However, the remaining rate disparity is reasonable in light of the differences between letter-shaped and flatshaped round-trip DVD mailers. By making the letter-shaped and flat-shaped round-trip DVD mailer rates available to all qualifying mailers, any potential discrimination against other similarly situated mailers is also remedied. Implementation of the remedy. As noted at the beginning of this section, the Commission has broad authority under section 3662(d) to fashion an appropriate remedy when it finds a complaint to have been justified. Since this is the first proceeding under section 3662 in which the Commission will impose a remedy, it is appropriate not only to specify the content of the remedy as discussed above, but to give the Postal Service both adequate direction regarding the form of the remedy and adequate time to implement the remedy. Attached to this Order as Appendix B is Mail Classification Schedule language that sets forth the terms of the pricing remedy established by this Order for round-trip DVD letter and flats mailers. Within 15 days of the date of issuance of this Order, the Postal Service shall file with the Commission a notice stating the date upon which Appendix B and the rates and terms and conditions contained therein shall be implemented. Such implementation date shall not be more than 60 days following the date of issuance of this Order. For good cause shown, the Commission may extend the implementation date by up to 30 days. Not than 45 days prior to the implementation date of Appendix B, the Postal Service shall provide public notice of rates and terms and conditions contained in Appendix B.
Order_No_718.docx