Edited Rule:

When two or more different publications (newspapers, magazines, business publications, farm publications) are offered for an amount less than the total of the basic prices of all the publications, these sales are defined as “forced” combinations and are subject to the following conditions.

(a) Single Copy Sales
When each of the publications offered in the combination sale intends to qualify the distribution as “paid circulation” it must be made known clearly to the purchaser that each of the publications can be purchased individually at the same price as if purchased as part of the group.

(1) The combination package must be priced so that both of the following guidelines are observed:

(1)(a) Newspapers sold in combination may be included in paid circulation provided that the minimum qualifying price of each publication is collected.

(2)(b) When a combination package is offered on a single-copy basis, three purchase options (“stacks” of publications) must be made available at all retail locations, including vending machines: the combination package itself plus each publication included in the combination package separately. The individual prices must add to the combined price. A qualifying purchase price for the combination would be at least the selling price of the highest priced publication plus one cent for the second publication.

Example: The basic price selling price for Publication A is $1.00 and for Publication B is $1.00, and the combination price is must be at least $1.01$1.80. Thus, A and B must be sold for 90¢ each.

(b) Subscriptions
The amount paid for all publications involved must be at least one cent for each publication involved in the offer. a qualifying amount as defined by the publication’s Paid Circulation Defined rules.

(1) Newspapers with Newspapers
When subscriptions for two or more different newspapers are ordered or sold in combination, the subscriber must pay at least 25 percent of the cumulative basic prices for the term offered of all the subscriptions included in the package.

(2) Newspapers with Periodicals
When subscriptions for two or more publications, one of which is a newspaper and the other a periodical, are ordered or sold in combination, the subscriber must pay at least 25 percent of the basic price of the newspaper for the term ordered, plus at least the qualifying amount as defined by the periodicals’ Paid Circulation Defined rules.

(1)(3) Add-On Subscriptions
“Add-on” subscriptions are defined as the addition of a new publication served in conjunction with the consumer’s existing subscription. Both subscriptions offered as a combination package may qualify as paid circulation under the following conditions:

(a) The subscriber must be notified of the new or renewal subscription offer.

(b) The amount of incremental payment or reduction of rate must be clearly disclosed and be at least a qualifying amount as defined by the publication’s Paid Circulation defined rules.

(c) An affirmative act on the part of the subscriber is required and an option must exist to pay an incremental amount for the additional subscription or to take a reduction in the amount paid if the additional subscription offer is declined.

When an option to opt-in/opt-out does not exist, any promotional materials cannot imply or suggest that the “add on” publication is “free, “at no additional cost,” or use of similar language.

To view examples of frequently used offers, consult ABC’s Web site.

The amount paid for all publications involved must be at least a qualifying amount as defined by the publication’s Paid Circulation Defined rules.

(2)(4) Multiple Subscriptions to One Newspaper
When two or more subscriptions to the same newspaper are offered or sold in one sale, the amount paid by the subscriber must not be less than two cents. In addition, any offer of two or more subscriptions to the same newspaper must include an option to receive only one subscription at a price no greater than an equal pro-rata of the combination offer price. For example, an offer of two subscriptions for 10 cents must also make one subscription available for 5 cents. the basic price of the longest subscription term plus a minimum of 25 percent of the basic price of the additional subscription(s) for the term offered.

The amount collected must be equivalent to the basic price for the highest priced subscription (based on the pro rata of the basic annual price) plus a minimum of 25 percent of the basic price for the additional subscriptions.

If there is no basic price for the term offered, the amount paid by the subscriber must be 100 percent of the pro rata of the highest basic price plus 25 percent of the pro rata of the basic annual price(s) of the additional subscriptions. If there is no shorter term available, calculate the pro rata of the next longer term.

The rule is not applicable to situations where electronic edition issues are provided to print subscribers and only the print edition subscription is to be reported as paid circulation.

(c) Newspapers Distributed Together (1) When two or more daily, Sunday or weekly newspapers are distributed together, the price charged for the combination must be a minimum of 25 percent of the basic price of each newspaper for the circulation of either to qualify as Paid Circulation.

For carrier-delivery and mail subscriptions, the total amount paid by the purchaser must pay a minimum of 25 percent of the aggregate basic subscription prices of the newspapers included in the combination.

(2) A newspaper with less than seven-day frequency can distribute copies of another newspaper on no more than two days per week when the host paper does not publish by establishing a basic price for this service, provided it is the only service option within the reporting market and provided copies are paid for in accord with C 1.1 and subscribers are given the opportunity to opt-out.

The average copies of the other newspaper served to subscribers under these arrangements will be reported as “Home Delivery – Joint Distribution Agreement.” A full explanation will be provided in Bureau reports.

If the newspaper offers this service as an option to their subscribers within the reporting market, this translates into two service options and each must be priced in accordance with paragraph (c)(1).

(d) Newspaper Distribution with Other Publications
A host publication is defined as the highest priced publication in the combined offer as determined by comparing basic prices of all publications for the terms involved.

When a newspaper acts as a host to one or more other publications by permitting distribution of the other publication(s) to some or all of its subscribers or single copy purchasers, the sales of the host publication will qualify for inclusion in paid circulation if the amount paid by the purchaser is:

(1) At least the amount required by C 1.1 when the value of the other distributed publication(s) is not greater than 25 percent of the value of the host publication.

(2) At least the amount required by C 1.1 plus a minimum of 25 percent of the basic price of the other distributed publication(s) for the terms involved and when the value of the other distribution publication(s) exceeds 25 percent of the value of the host publication.

No publicity of the joint distribution can be made by or on behalf of the host or other distributed publication(s) beyond a one-time informational announcement unless the amounts paid by the purchasers are at least the amounts required above.

Distribution of the non-host publication(s) is not eligible for inclusion in paid circulation but can be reported as analyzed non-paid circulation in Bureau reports, provided this reporting is permitted for that publisher division.

The average number of copies the host can report as paid circulation that involve the distribution of other publications must be stated in the paragraphs of Bureau reports devoted to general explanations.

The explanation must identify the other publication(s) distributed and their basic price.

(e) With Premiums
These provisions apply to carrier-delivered as well as mail subscriptions.

(1) Newspapers with Newspapers
When a premium is used with a combination offer, the amount paid by the purchaser must not be less than the value of the premium as defined in Rule C 5.2 plus the amount required in this rule.

(2) Newspapers with Periodicals
When a premium is used with a combination offer, the subscriber must pay a minimum of 25 percent of the basic price of the newspaper for the term ordered, plus at least one cent each the qualifying amount as defined by the periodical’s Paid Circulation Defined rule, plus the value of the premium, whether stated or not.

If the newspaper subscription has a term of less than one year included in the offer, the subscriber must pay a minimum of 25 percent of the basic price for the term offered.

If there is no basic price for the term offered, the subscriber must pay a minimum of 25 percent of a pro rata of the basic price for the next shorter term.

If there is no shorter term available, calculate the pro rata of the next longer term.

Percentages will be calculated on either subscription prices or newsstand prices, according to the prices quoted in the offer or used in formulating the claimed total value of the offer.

Newspapers may reprint and sell their own editorial content on a stand-alone basis, without invoking the Combination Sales rule, provided that (1) the stand-alone editorial content is not offered for sale until after the publication date of the newspaper that carried the editorial content, and (2) the cover price of the stand-alone product is less than 75 percent of the basic price of the relevant newspaper.

For further information, consult ABC’s Web site: www.accessabc.com or contact an ABC Publisher Relations manager.

New Rule:

When two or more different publications (newspapers, magazines, business publications, farm publications) are offered for an amount less than the total of the basic prices of all the publications, these sales are defined as “forced” combinations and are subject to the following conditions.

(a) Single Copy Sales
When each of the publications offered in the combination sale intends to qualify the distribution as “paid circulation” it must be made known clearly to the purchaser that each of the publications can be purchased individually at the same price as if purchased as part of the group.

The combination package must be priced so that both of the following guidelines are observed:

(1) Newspapers sold in combination may be included in paid circulation provided that the minimum qualifying price of each publication is collected.

(2) When a combination package is offered on a single-copy basis, three purchase options (“stacks” of publications) must be made available at all retail locations, including vending machines: the combination package itself plus each publication included in the combination package separately. A qualifying purchase price for the combination would be at least the selling price of the highest priced publication plus one cent for the second publication.

Example: The selling price for Publication A is $1.00 and for Publication B is $1.00, the combination price must be at least $1.01.

(b) Subscriptions
The amount paid for all publications involved must be at least one cent for each publication involved in the offer.

(1) Add-On Subscriptions
“Add-on” subscriptions are defined as the addition of a new publication served in conjunction with the consumer’s existing subscription. Both subscriptions offered as a combination package may qualify as paid circulation under the following conditions:

(a) The subscriber must be notified of the new or renewal subscription offer.

(b) The amount of incremental payment or reduction of rate must be clearly disclosed and be at least a qualifying amount as defined by the publication’s Paid Circulation defined rules.

(c) An affirmative act on the part of the subscriber is required and an option must exist to pay an incremental amount for the additional subscription or to take a reduction in the amount paid if the additional subscription offer is declined.

When an option to opt-in/opt-out does not exist, any promotional materials cannot imply or suggest that the “add on” publication is “free, “at no additional cost,” or use of similar language.

To view examples of frequently used offers, consult ABC’s Web site.

The amount paid for all publications involved must be at least a qualifying amount as defined by the publication’s Paid Circulation Defined rules.

(2) Multiple Subscriptions to One Newspaper
When two or more subscriptions to the same newspaper are offered or sold in one sale, the amount paid by the subscriber must not be less than two cents. In addition, any offer of two or more subscriptions to the same newspaper must include an option to receive only one subscription at a price no greater than an equal pro-rata of the combination offer price. For example, an offer of two subscriptions for 10 cents must also make one subscription available for 5 cents.

The rule is not applicable to situations where electronic edition issues are provided to print subscribers and only the print edition subscription is to be reported as paid circulation.

(c) Newspapers Distributed Together
A newspaper with less than seven-day frequency can distribute copies of another newspaper on no more than two days per week when the host paper does not publish by establishing a basic price for this service, provided copies are paid for in accord with C 1.1 and subscribers are given the opportunity to opt-out.

The average copies of the other newspaper served to subscribers under these arrangements will be reported as “Home Delivery – Joint Distribution Agreement.” A full explanation will be provided in Bureau reports.

(d) Newspaper Distribution with Other Publications
A host publication is defined as the highest priced publication in the combined offer as determined by comparing basic prices of all publications for the terms involved.

When a newspaper acts as a host to one or more other publications by permitting distribution of the other publication(s) to some or all of its subscribers or single copy purchasers, the sales of the host publication will qualify for inclusion in paid circulation if the amount paid by the purchaser is:

(1) At least the amount required by C 1.1 when the value of the other distributed publication(s) is not greater than 25 percent of the value of the host publication.

(2) At least the amount required by C 1.1 plus a minimum of 25 percent of the basic price of the other distributed publication(s) for the terms involved and when the value of the other distribution publication(s) exceeds 25 percent of the value of the host publication.

No publicity of the joint distribution can be made by or on behalf of the host or other distributed publication(s) beyond a one-time informational announcement unless the amounts paid by the purchasers are at least the amounts required above.

Distribution of the non-host publication(s) is not eligible for inclusion in paid circulation but can be reported as analyzed non-paid circulation in Bureau reports, provided this reporting is permitted for that publisher division.

The average number of copies the host can report as paid circulation that involve the distribution of other publications must be stated in the paragraphs of Bureau reports devoted to general explanations.

The explanation must identify the other publication(s) distributed and their basic price.

(e) With Premiums
These provisions apply to carrier-delivered as well as mail subscriptions.

(1) Newspapers with Newspapers
When a premium is used with a combination offer, the amount paid by the purchaser must not be less than the value of the premium as defined in Rule C 5.2 plus the amount required in this rule.

(2) Newspapers with Periodicals
When a premium is used with a combination offer, the subscriber must pay at least one cent each, plus the value of the premium, whether stated or not.

Newspapers may reprint and sell their own editorial content on a stand-alone basis, without invoking the Combination Sales rule, provided that (1) the stand-alone editorial content is not offered for sale until after the publication date of the newspaper that carried the editorial content, and (2) the cover price of the stand-alone product is less than 75 percent of the basic price of the relevant newspaper.

For further information, consult ABC’s Web site: www.accessabc.com or contact an ABC Publisher Relations manager.

Edited Rule:

Subscriptions resulting from offers that are based upon the assumption that the offer has been accepted unless specifically declined qualify as paid circulation if payment by the recipient money has been collected to qualify the subscription.

This rule does not apply to newspaper carrier and mail subscription offers in which the terms of the contract changed. See C 1.1(d).

Newspapers that change frequency of delivery without receiving subscriber affirmation (“forced conversions”) may do so provided the former frequency of delivery is eliminated and not reinstated for at least three months and provided all subscribers of the frequency to be eliminated are converted. must disclose the following in the explanatory paragraph of Bureau reports:

• the number of subscribers converted to the new frequency and the impact upon average paid circulation;
• the effective date of such a change; and
• the ABC defined geographic market area in which the change took place.

In addition, the former frequency of delivery must be eliminated and cannot be reinstated for at least three months.

New Rule:

Publishers may modify existing subscriber contracts to add additional days of service without an incremental charge under one of the following circumstances.

(a) Frequency Conversion (“forced”) – Publishers may eliminate an existing frequency and convert all of these subscribers to a new delivery schedule that is universally available to the public. The additional service in such a ‘forced’ conversion can qualify as paid circulation.

Examples of “forced” frequency conversions include the addition of Saturday delivery to Sunday only customers; weekend subscribers to receive Monday copies during football season; Monday thru Friday subscribers to receive Saturday and Sunday copies; the addition of Thanksgiving day copies to Sunday only subscribers, etc.

To qualify for inclusion in paid circulation, copies served under this provision of the rule must adhere to the following criteria:

i. Starting no later than 30 days prior to the first delivery date incorporating the change in frequency, all promotions / sales material of the frequency to be discontinued must be converted to include the added delivery. For example, if Sunday only subscribers in Able County are to be converted to Saturday / Sunday subscribers on July 1, all inbound and outbound sales efforts must be modified by June 1 to only “sell / accept” Saturday / Sunday subscriptions (only) for the affected geography.

ii. The discontinued frequency (e.g.. Sunday only) cannot be reinstated within the affected geography for six months after its discontinuance.

iii. All frequency changes must be applicable to a defined geographic area (e.g. cluster of ZIP codes, county / counties, ABC defined market, etc.).

iv. All affected households must receive a clear and conspicuous notice of the change; such notice may be accomplished via an informational note as a ‘topper’ to the newspaper.

v. No inference should be made to affected subscribers / new subscribers that the change in frequency is temporary.

(b) Frequency Upgrades (“opt-out”) – Publishers may upgrade an existing subscriber to a greater frequency, with the option to opt-out, even while the original frequency remains available in the marketplace. As an example, publishers may add Saturday delivery to some current Sunday only subscribers while continuing to sell Sunday only subscriptions).

To qualify for inclusion in paid circulation, copies served under this provision of the rule must adhere to the following criteria:

i. Affected subscribers must be notified at least one day in advance of the start of the incremental delivery service.

ii. The initial notification must advise of the specific delivery change that is to occur; the term of added delivery; and instructions on how to decline the incremental delivery. This notification must be presented in a clear and conspicuous manner.

iii. The incremental delivery must be for not less than 12 consecutive weeks. The addition of a single day, or other irregular (non-reoccurring) delivery days (such as the addition of Thanksgiving to Sunday only subscribers) is not permitted within this provision of the rule.

iv. If at any point in the first 12 weeks a subscribing household opts-out of the incremental service, all added copies served that were incremental to the original subscription frequency are to be excluded from paid circulation claims

v. Publisher Statements and audit reports of newspapers executing these frequency upgrades must explain the details of the upgrades including the impact on average paid circulation

In all cases where publishers elect to invoke either or both provisions of this rule, advertisers must be notified at least 120 days prior to the implementation of the frequency conversion or upgrade. The notification is to be made through an ABC hosted Website and should include the effective date of change, the projected impact on paid circulation, and the geography to be affected by each program.