Discrimination in transporting second class mail

§ 6212. Discrimination in transporting second class mail (a) The Postmaster General may not transport a publication by freight if this method of mail transportation results in unfair discrimination against the owner of the publication. (b) When the owner of a publication required by order of the Department to be transported by freight believes that this method of transportation unfairly discriminates against him, he may file a written application with the Department for a hearing. Thereafter he shall be given an opportunity for a hearing before the Department. Pending final determination no change may be made in the method of transportation of the publication as ordered by the Department. (c) Prior to the entry of an order stating the Department’s determination, the Postmaster General shall cause the testimony in the hearing under this section to be reduced to writing and filed in the Department. (d) If the Department after the hearing determines by order that there is no unfair discrimination, the publisher may, within a period of twenty days after the date of the order, petition the United States Court of Appeals for the District of Columbia for review of the order, by filing in the court a written petition praying that the order be set aside. The clerk of the court shall transmit a copy of the petition to the Department and thereupon the Department shall file in the court the record as provided in section 2112 of title 28. Upon the filing of the petition the court shall have jurisdiction to examine, set aside or modify the order of the Department. (e) The jurisdiction of the United States Court of Appeals for the District of Columbia to affirm, set aside, or modify the orders of the Department is exclusive. (f) The United States Court of Appeals for the District of Columbia shall give precedence to proceedings under this section over other pending cases and they shall be expedited in every way.