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Copyright 2000 The Atlanta Constitution  
The Atlanta Journal and Constitution

July 16, 2000, Sunday, Home Edition

SECTION: Business; Pg. 7F

LENGTH: 1002 words

HEADLINE: UPS delivers forceful blow to Postal Service overhaul

BYLINE: Rebecca Carr, Cox Washington Bureau

SOURCE: AJC

BODY:
Last spring, United Parcel Service drivers descended on Capitol Hill to make an important delivery for their company: brown corrugated boxes filled with materials attacking the U.S. Postal Service.

Every member of Congress got one of the computer laptop-sized boxes. Tucked inside was a slick CD entitled, "What the Postal Service Doesn't Want You to Know." There were also negative news articles and a 16-page booklet that compared the nation's daily mail delivery service to the CIA.

Spreading negative information about political opponents is hardly a new game in Washington, where it's practically a blood sport.

But the hand delivery of 535 boxes stands out because it shows the length that the Fortune 500 company is willing to go to and the method the company uses to keep a competitor at bay.

In this case, UPS wanted to stall legislation introduced by Rep. John McHugh (R-N.Y.) that would overhaul the way the Postal Service does business. At issue was a provision in the bill that would have allowed the Postal Service to set its own pricing, which would have made the service more competitive.

Postal Service officials dispute that they are the "giant, uncontrolled monopoly" that UPS says they are, claiming the service is facing a projected decline of $ 17 billion in first-class mail service between 2003 and 2008.

But UPS contends that the Postal Service is a monopoly because federal law prohibits other delivery services from entering the daily mail service.

In addition, the Postal Service is not required to pay local, state or federal taxes.

UPS takes the offensive

So UPS went to war. In addition to delivering the boxes, UPS successfully lobbied a number of state legislatures to pass resolutions calling on Congress to rein in the Postal Service's "monopoly."

They also launched a letter-writing campaign to persuade members of Congress to kill McHugh's legislation.

"The Postal Service continues to abuse its monopoly power," said Jim Kelly, chief executive officer of UPS, describing why he opposes the legislation.

The legislation "would allow them to expand that (monopoly) and use their monopoly to compete with the private sector,'' he said.

Kelly thinks the Postal Service should be overhauled, but he doesn't want it to have the flexibility to change its pricing.

Once again, UPS' persuasion won. The legislation made it out of a subcommittee of the House Government Reform and Oversight Committee, but it is doubtful that it will even be brought up for a vote at the committee level.

Much of that is due to the way the company reaches out to lawmakers.

"I am just in awe and admiration of their lobbying efforts," said Robert Taub, McHugh's chief of staff.

As the staff director of the subcommittee overseeing the Postal Service, Taub has watched UPS' lobbying forces derail McHugh's legislation every year for the past six years.

"We've got every delivery service on board except UPS," Taub said. FedEx, Emory and DHL are supporting the overhaul, but UPS refuses to support it. " They don't want to allow the Postal Service any degree of flexibility."

Given UPS' influence on Capitol Hill, Taub is doubtful that McHugh's legislation will pass.

"They have really cranked this up," he said. "My view is that the amount of money they spent to stall HR 22 is about the same amount of money they would have lost if the Postal Service were allowed to be competitive in the e- commerce market."

Part of UPS' success on Capitol Hill is cranking out money to politicians, observers say. The company's political action committee donated $ 613,210 to Republican candidates this election season and $ 258,010 to Democrats.

That's only part of the money spent. UPS shelled out $ 1.8 million to wine and dine lawmakers last year on a host of issues, including the competition for the air route to China, in support of funding the Federal Aviation Authorization and normalizing trade with China.

In this high-stakes election year, UPS has given $ 913,409 to Republican Party committees and $ 37,250 to Democratic committees. Those contributions, known as "soft money," are intended for party building expenses. But more often than not, they are used to pay for "issue ads," which are often thinly veiled campaign ads.

"There's no question; they are an important player on Capitol Hill," said Sen. Max Cleland (D-Ga.), who regularly meets with UPS officials. "They are one of Georgia's finest companies."

A proven deal maker

Few legislative issues reveal UPS' deal-making power more than the delivery service's fight to keep the Postal Service out of the e-commerce market.

Faced with a projected revenue decline, the Postal Service is searching for other revenue-generating markets. But it is prohibited from competing because of rules that were set three decades ago, well before the Internet and e-mail became commonplace.

"You have to admire the job they've done over the years," said Deputy Postmaster General John Nolan about the way UPS has been able to stall McHugh's legislation.

However, Nolan is less than pleased with the way UPS has, in his view, " distorted" the truth in defeating postal reform legislation.

"We'd love to pay taxes if we made money," Nolan said of the service, which had $ 63 billion in revenue last year and a net income of $ 363 million. "We barely break even every year.

''I think it demeans them to continue to take actions the way they have to try to preclude us from having a level playing field and allowing us to compete," he said. "To try behind the scenes to keep us from doing the things we can do for the American people is just wrong."

Nolan argues that UPS is actually the one with the unregulated monopoly since it controls 80 percent of the ground delivery service.

"They are trying to pawn themselves off as a private company," said Tad Segal, UPS director of public relations in Washington. "They say they have an unlevel playing field? That's a gross misuse of facts."

GRAPHIC: Photo
"The Postal Service continues to abuse its monopoly power," says UPS chief Jim Kelly./ ALAN MOTHNER / Associated Press

LOAD-DATE: July 16, 2000




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