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Consumer Magazine Support Center

Verified Circulation Guide

Public Place Verified Circulation

Public place verified circulation represents copies served to business establishments for use by its patrons in waiting rooms, hotel rooms, or by airlines on-board the planes or in restricted access airline clubs. It is not intended for these copies to be picked up and removed by the individuals, rather the copies should remain at the location for further use by other patrons.

See also Rule F 15.1 Verified Circulation.

There are three general types of public place verified circulation:

To view how verified circulation is disclosed on ABC Publisher’s Statements, please refer to the Reporting section of this guide.

Waiting Rooms
This type of public place verified circulation includes copies distributed to waiting rooms such as doctors’ offices, hospital waiting rooms, beauty salons, fitness facilities, etc.

Qualification
For waiting room public place verified circulation to comply with ABC requirements, each waiting room must:

  • Receive at least two consecutive issues of the magazine.
  • Receive the current issue of the magazine (back copy service is not permitted).
  • Be presented with an opportunity to opt-out of receipt of the magazine(s).
  • Receive no more than three copies, per issue, of the magazine, per waiting room location.
    Please note:
    • There may be locations such as a hotels or medical facilities that have multiple waiting room locations, such as the lobby, restaurant, spa, cafeteria, emergency waiting room, surgery waiting room, etc. Controls must be in place to ensure the distribution is executed in compliance with ABC rules (no more than three copies per each waiting room location within the facility).
    • The publisher, or its agent, must also maintain documentation signed by the management of the facility attesting to the number of different waiting room locations within the facility and identify them.

Opt-out Notice
For waiting room copies, the following guidelines apply to the opt-out notice:

  • For locations receiving waiting room copies for the first time, the notice must be sent to the waiting room at the beginning of the service.
  • For all locations receiving waiting room copies for a term exceeding one year, the notice must continue to be sent to the waiting room locations at least once per year (annually).
  • The notice must be a stand-alone notice delivered to the waiting room location by the U.S. postal service. Opt-out notices presented via any other means such as telephone or e-mail are not acceptable.
  • The notice must be devoted to communicating the opportunity to opt-out of delivery of the magazine(s). No other message points are permitted in the notice.
  • The notice must provide, at minimum, at least one of the following methods for the waiting room location to opt-out of the magazine delivery:
    1. Postage-paid postcard
    2. A toll-free phone number
    3. URL to Web site hosting an opt-out form
    4. A dedicated e-mail address

Examples of acceptable opt-out notices (for waiting rooms):

(Offering a toll-free number to call):

Dear Public Place Location:

We hope you are enjoying the delivery of our magazine(s) to your location for use by visiting patrons in your reception rooms.

This delivery is brought to you by our organization. If, for any reason, you wish not to receive our magazine(s), please call 1-800-xxx-xxxx to cancel your service.

Sincerely,
The Reception Room Source

Offering a postage paid postcard to return:

Dear Public Place Location:

We hope you are enjoying the delivery of our magazine(s) to your location for use by visiting patrons in your reception rooms.

This delivery is brought to you by our organization. If, for any reason, you wish not to receive our magazine(s), please return the attached postage paid card to cancel your service.

Sincerely,
The Reception Room Source

(Return below portion to cancel service)

-----------------------------------------------------------

Please discontinue delivery of magazine(s) to .
Print Name:________________________Address:______________________
Signature:______________________________________________
Date:______________________________________________

Hotels (for in-room use)
This type of public place verified circulation includes copies distributed to hotels, motels, bed and breakfasts and other similar lodging facilities for in-room use by the guests of the lodging establishment. These copies are for in-room distribution only and are intended to remain in the room for use by future guests.

Qualification
For hotel public place verified circulation to comply with ABC requirements, each lodging establishment must:

  • Agree (opt-in) to receive delivery of the magazine(s) at its establishment.
  • Receive at least two consecutive issues of the magazine.
  • Receive the current issue of the magazine (back copy service is not permitted).
  • Receive no more than the maximum copy limit, per issue.
    • For magazines published monthly or less frequently, the maximum number of copies each lodging establishment may receive is four copies per guest room.
    • For magazines published more often than monthly, the maximum number of copies each lodging establishment may receive is one copy per guest room.
  • Sign a written agreement with the magazine, or its agent, regarding the details of delivery.

Agreement
For hotel copies, the signed agreement must be renewed at least once per year (annually) and contain the following information:

  • The name and address of the lodging establishment.
  • Confirm the hotel’s willingness to receive delivery of the magazine(s).
  • Confirm the copies were distributed to the guest rooms for in-room use only.
  • State the title of the magazine(s).
  • State the total number of subscriptions, per magazine, being delivered.
  • State the term of the subscriptions, per magazine, being delivered (term of distribution).
  • State the total number of guest rooms at the establishment.
  • Contain the printed name, title and signature of the executive at the lodging establishment.
  • Contain the date the agreement was signed.

Airlines
This type of public place verified circulation includes copies provided to airlines for distribution on-board the planes or in restricted access airline clubs. These copies are for use by passengers on the flight or in the clubs and are intended to remain in these locations for use by future passengers (not intended for pick up and removal by passengers).

Qualification
For airline public place verified circulation to comply with ABC requirements, each airline must:

  • Agree (opt-in) to receive delivery of the magazine(s).
  • No inducements (financial or otherwise) may be provided to airline to participate.
  • Receive at least two consecutive issues of the magazine.
  • Receive the current issue of the magazine (back copy service is not permitted).
  • Receive no more than the maximum copy limit, per issue.
    Regardless of a magazine’s frequency, an airline may receive, per issue, no more than two copies times the total number of monthly flights by that airline, not to exceed 8,000 copies per issue. For example:
    • If XYZ Airline has 3,000 total flights per month, then the airline may receive no more than 6,000 copies per issue (3,000 flights x 2 copies per issue = 6,000).
    • If MNO Airline has 9,000 total flights per month, then the airline may receive no more than 8,000 copies per issue (9,000 flights x 2 copies per issue = 18,000, but distribution may not exceed 8,000 copies per issue).
  • Distribute copies either on-board the planes or in restricted access airline clubs.
  • Have total discretion as to how many copies are made available in each airline location (in restricted access clubs, on domestic flights and on international flights). For example, if an airline agrees to receive 2,000 copies per issue, they may choose to place all 2,000 copies on international flights and none in their clubs or on domestic flights.
  • Provide an affidavit attesting that all magazine copies were made available to their customers either on-board their airplanes or in restricted access clubs.
  • Sign a written agreement with the magazine(s), or its agent, regarding the details of delivery.

Agreement
For airline copies, the signed agreement must be renewed at least once per year (annually) and contain the following information:

  • The name of the airline.
  • Confirm the airline’s willingness to receive delivery of the magazine(s).
  • Identify locations where copies are distributed and that the intent is for the copies to remain in these locations (not for pick up and removal by passengers).
  • State the title of the magazine(s) and total quantity and term of subscriptions, per magazine, being delivered.
  • Contain a statement affirming that the airline has not received any inducements to participate in the program.
  • Contain the printed name, title, and signature of the executive at the airline.
  • Contain the date agreement was signed.

Please note:
Copies that do not meet the above qualification requirements for airline copies do not qualify as verified circulation. These situations include, but are not limited to, the following:

  • Copies placed in other airport public locations (such as gate areas, shuttle services, etc.)
  • Copies made available for pick up and removal by the airline customers.


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