B-30460, JANUARY 7, 1943, 22 COMP. GEN. 606

B-30460: Jan 7, 1943

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NEWSPAPER ADVERTISING RESTRICTIONS - APPLICABILITY TO ADDITIONAL LISTINGS IN TELEPHONE DIRECTORIES TELEPHONE DIRECTORIES DO NOT COME WITHIN THE DEFINITION OF NEWSPAPERS AND ARE NOT COVERED BY THE TERM "OTHER PUBLICATIONS" APPEARING IN GENERAL REGULATIONS 66 OF THIS OFFICE. ARE NOT APPLICABLE. 1943: I HAVE YOUR LETTER OF NOVEMBER 17. AS FOLLOWS: REFERENCE IS MADE TO SECTION 3828 OF THE REVISED STATUTES WHICH PROVIDES THAT " NO ADVERTISEMENT. QUESTION HAS ARISEN AS TO WHETHER CHARGES FOR VARIOUS LISTINGS IN THE CLASSIFIED SECTION OF TELEPHONE DIRECTORIES ARE WITHIN THE ABOVE CITED STATUTE. THE PRACTICE OF CONTRACTING FOR ADDITIONAL LISTINGS IN THE REGULAR ALPHABETICAL DIRECTORY HAS CONTINUED FOR YEARS WITHOUT HAVING BEEN QUESTIONED IN EITHER PREAUDIT OR POST AUDIT SETTLEMENT OF THE VOUCHER INVOLVED AND STANDARD FORM 1034 VOUCHERS FOR ADDITIONAL LISTINGS IN THE CLASSIFIED SECTION HAVE ALSO BEEN ADMINISTRATIVELY APPROVED AND SUBSEQUENTLY CERTIFIED FOR PAYMENT BY THE PREAUDIT SECTION 3828 OF THE REVISED STATUTES OR OF GENERAL REGULATIONS NO. 66.

B-30460, JANUARY 7, 1943, 22 COMP. GEN. 606

NEWSPAPER ADVERTISING RESTRICTIONS - APPLICABILITY TO ADDITIONAL LISTINGS IN TELEPHONE DIRECTORIES TELEPHONE DIRECTORIES DO NOT COME WITHIN THE DEFINITION OF NEWSPAPERS AND ARE NOT COVERED BY THE TERM "OTHER PUBLICATIONS" APPEARING IN GENERAL REGULATIONS 66 OF THIS OFFICE, AND, THEREFORE, THE RESTRICTIONS AS TO THE AUTHORITY REQUIRED, AND RATES TO BE PAID, FOR ADVERTISING IN NEWSPAPERS, AS CONTAINED IN SECTION 3828, REVISED STATUTES, AND THE ACT OF JUNE 20, 1878, RESPECTIVELY, ARE NOT APPLICABLE, NOR DO THE ADVERTISING OR VOUCHER FORMS PRESCRIBED BY SAID REGULATIONS APPLY, TO ORDERS FOR LISTINGS IN CLASSIFIED SECTIONS OR DISPLAY ADVERTISING IN SUCH DIRECTORIES.

COMPTROLLER GENERAL WARREN TO HARRY L. DORAN, JANUARY 7, 1943:

I HAVE YOUR LETTER OF NOVEMBER 17, 1942, AS FOLLOWS:

REFERENCE IS MADE TO SECTION 3828 OF THE REVISED STATUTES WHICH PROVIDES THAT " NO ADVERTISEMENT, NOTICE, OR PROPOSAL FOR ANY EXECUTIVE DEPARTMENT OF THE GOVERNMENT, OR FOR ANY BUREAU THEREOF, OR FOR ANY OFFICE THEREWITH CONNECTED SHALL BE PUBLISHED IN ANY NEWSPAPER WHATEVER, EXCEPT IN PURSUANCE OF WRITTEN AUTHORITY FOR SUCH PUBLICATION FROM THE HEAD OF SUCH DEPARTMENT; AND NO BILL FOR ANY SUCH ADVERTISING, OR PUBLICATION, SHALL BE PAID UNLESS THERE BE PRESENTED, WITH SUCH BILL, A COPY OF SUCH WRITTEN AUTHORITY.'

IN THE AUDIT OF VOUCHERS COVERING SERVICE RENDERED TO OFFICES OF THE U.S. EMPLOYMENT SERVICE, QUESTION HAS ARISEN AS TO WHETHER CHARGES FOR VARIOUS LISTINGS IN THE CLASSIFIED SECTION OF TELEPHONE DIRECTORIES ARE WITHIN THE ABOVE CITED STATUTE. ALTHOUGH THE STATUTE REFERS TO NEWSPAPERS ONLY, IT APPEARS FROM PREAUDIT SETTLEMENT OF VOUCHERS COVERING DISPLAY ADVERTISING IN TELEPHONE DIRECTORIES THAT THE RESTRICTION IN REGARD TO ADVERTISING HAS BEEN INTERPRETED AS APPLYING TO ALL PUBLICATIONS. HOWEVER, THE PRACTICE OF CONTRACTING FOR ADDITIONAL LISTINGS IN THE REGULAR ALPHABETICAL DIRECTORY HAS CONTINUED FOR YEARS WITHOUT HAVING BEEN QUESTIONED IN EITHER PREAUDIT OR POST AUDIT SETTLEMENT OF THE VOUCHER INVOLVED AND STANDARD FORM 1034 VOUCHERS FOR ADDITIONAL LISTINGS IN THE CLASSIFIED SECTION HAVE ALSO BEEN ADMINISTRATIVELY APPROVED AND SUBSEQUENTLY CERTIFIED FOR PAYMENT BY THE PREAUDIT SECTION 3828 OF THE REVISED STATUTES OR OF GENERAL REGULATIONS NO. 66. IN SOME CASES THE CHARGES FOR ADDITIONAL LISTINGS IN THE CLASSIFIED SECTION ARE ABOUT THE SAME AS FOR ADDITIONAL LISTINGS IN THE REGULAR SECTION AND IT IS OFTEN IMPOSSIBLE TO DETERMINE FROM THE CONTRACT OR VOUCHER JUST WHERE THE LISTING APPEARED OR WHAT SIZE TYPE WAS USED. IN OTHER CASES, A SLIGHTLY HIGHER RATE IS CHARGED FOR LISTINGS IN BOLD FACE TYPE; IN STILL OTHER CASES, DISPLAY ADVERTISING IS INSERTED AND THE CHARGE RUNS AS HIGH AS $20.00, DEPENDING ON THE AMOUNT OF SPACE UTILIZED.

IN THE EVENT ALL OR PART OF THE AFOREMENTIONED SERVICES ARE HELD TO BE OUTSIDE SECTION 3828 BECAUSE OF THE FACT THAT NEWSPAPERS ARE NOT INVOLVED, QUESTION ARISES AS TO THE APPLICABILITY OF THE ACT OF JUNE 20, 1878, 20 STAT. 216, AND OF GENERAL REGULATIONS NO. 66 OF THE GENERAL ACCOUNTING OFFICE WHICH PROVIDES IN PART AS FOLLOWS:

"THE FOLLOWING STANDARD FORMS FOR GOVERNMENT ADVERTISING UNDER THE PROVISIONS OF SECTION 3828, REVISED STATUTES, AND THE ACT OF JUNE 20, 1878, 20 STAT. 216, ARE HEREBY PRESCRIBED AND PUBLISHED FOR GENERAL USE THROUGHOUT THE GOVERNMENT SERVICE IN LIEU OF ALL OTHERS WHICH HAVE HERETOFORE BEEN APPROVED BY THE COMPTROLLER OF THE TREASURY OR THE COMPTROLLER GENERAL OF THE UNITED STATES---

" FORM 1052 STATEMENT OF ADVERTISING RATES

" FORM 1053 ADVERTISING ORDER

" FORM 1054 PUBLIC VOUCHER FOR ADVERTISING (ORIGINAL)

" FORM 1054A PUBLIC VOUCHER FOR ADVERTISING (MEMORANDUM)

"SWORN STATEMENTS OF COMMERCIAL ADVERTISING RATES MUST BE FURNISHED BY THE PROPRIETORS, PUBLISHERS OR AUTHORIZED REPRESENTATIVES OF NEWSPAPERS OR OTHER PUBLICATIONS IN WHICH GOVERNMENT ADVERTISEMENTS ARE PLACED. * * *" ( ITALICS SUPPLIED)

THE ATTACHED VOUCHER IN THE AMOUNT OF $33.12 SUBMITTED BY THE TRI STATE TELEPHONE AND TELEGRAPH COMPANY INCLUDES A CHARGE OF ?25 FOR DIRECTORY ADVERTISING CONSISTING OF AN ADDITIONAL LISTING IN THE CLASSIFIED SECTION. THE SECOND ATTACHMENT IN THE AMOUNT OF $72.33 WAS SUBMITTED BY THE SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANY AND INCLUDES A CHARGE FOR DIRECTORY ADVERTISING IN THE AMOUNT OF $13.90 CONSISTING OF ?65 FOR A CLASSIFIED LISTING IN REGULAR TYPE, $1.25 FOR A CLASSIFIED LISTING IN BOLD FACE TYPE, AND $12.00 FOR DISPLAY ADVERTISING. IN CONNECTION WITH SETTLEMENT OF THESE PARTICULAR VOUCHERS, YOUR DECISION IS REQUESTED IN CONNECTION WITH THE FOLLOWING SPECIFIC QUESTIONS: (1) ARE ANY OF THE SERVICES REPRESENTED BY THE ATTACHED VOUCHERS CONSIDERED AS ADVERTISING WITHIN THE MEANING OF SECTION 3828, REVISED STATUTES? (2) IF ANY OF THE SERVICES ARE NOT WITHIN THE PURVIEW OF SECTION 3828, ARE THEY NEVER-THE- LESS SUBJECT TO THE REQUIREMENT OF GENERAL REGULATIONS NO. 66 AND THE ACT OF JUNE 20, 1878, 20 STAT. 216, WHICH REQUIRE USE OF STANDARD FORMS NOS. 1052, 1053, AND 1054?

AN EARLY REPLY TO THE ABOVE QUESTIONS WILL BE GREATLY APPRECIATED.

THE ACT OF JUNE 20, 1878, 20 STAT. 216, PROVIDES:

THAT HEREAFTER ALL ADVERTISEMENTS, NOTICES, PROPOSALS FOR CONTRACTS, AND ALL FORMS OF ADVERTISING REQUIRED BY LAW FOR THE SEVERAL DEPARTMENTS OF THE GOVERNMENT MAY BE PAID AT A PRICE NOT TO EXCEED THE COMMERCIAL RATES TO BE ASCERTAINED FROM SWORN STATEMENTS TO BE FURNISHED BY THE PROPRIETORS OR PUBLISHERS OF THE NEWSPAPERS PROPOSING SO TO ADVERTISE: PROVIDED, THAT ALL ADVERTISING IN NEWSPAPERS SINCE THE TENTH DAY OF APRIL, EIGHTEEN HUNDRED AND SEVENTY-SEVEN SHALL BE AUDITED AND PAID AT LIKE RATES; BUT THE HEADS OF THE SEVERAL DEPARTMENTS MAY SECURE LOWER TERMS AT SPECIAL RATES WHENEVER THE PUBLIC INTEREST REQUIRES IT.

ASIDE FROM THE PROVISIONS OF SECTION 3828, REVISED STATUTES, AND THE ACT OF JUNE 20, 1878, SUPRA, WHICH ARE CONFINED TO ADVERTISING IN "NEWSPAPERS," I FIND NO GENERAL RESTRICTIONS UPON THE USE OF PUBLIC FUNDS FOR ADVERTISING IF IN FURTHERANCE OF THE OBJECTS FOR WHICH APPROPRIATED. A-24068, AUGUST 24, 1928. NEWSPAPERS ARE COMMONLY DEFINED AS PUBLICATIONS GIVEN OVER TO GENERAL OR CURRENT NEWS, GENERAL NEWS OF THE DAY, ETC. 2 COMP. GEN. 367; 3 ID. 977; 4 ID. 384; 17 ID. 455. SEE ALSO, VOLUME 28, WORDS AND PHRASES, PERMANENT EDITION, PAGES 595 TO 601.

TELEPHONE DIRECTORIES DO NOT COME WITHIN THE DEFINITION OF NEWSPAPERS AND ARE NOT COVERED BY THE TERM "OTHER PUBLICATIONS" APPEARING IN GENERAL REGULATIONS 66. 7 COMP. GEN. 861. ACCORDINGLY, THE RESTRICTIONS OF SECTION 3828, REVISED STATUTES, AND THE ACT OF JUNE 20, 1878 ARE NOT APPLICABLE, NOR ARE THE FORM REQUIREMENTS OF SAID REGULATIONS FOR COMPLIANCE IN CONNECTION WITH THE PLACING OF ORDERS WITH TELEPHONE COMPANIES FOR ADDITIONAL LISTING IN THE TELEPHONE DIRECTORIES, WHEN, AS IN THE INSTANT MATTER, IT IS DETERMINED ADMINISTRATIVELY THAT SUCH LISTINGS ARE NECESSARY FOR CARRYING OUT THE PURPOSE OF THE APPROPRIATION PROPOSED TO BE CHARGED.

IN VIEW OF THE FOREGOING, THE VOUCHERS FORWARDED BY YOU ARE RETURNED AND MAY BE CERTIFIED FOR PAYMENT, IF CORRECT IN OTHER RESPECTS.