Goto Section: 73.1210 | 73.1212 | Table of Contents
FCC 73.1211
Revised as of October 2, 2015
Goto Year:2014 |
2016
§ 73.1211 Broadcast of lottery information.
(a) No licensee of an AM, FM, television, or Class A television broadcast
station, except as in paragraph (c) of this section, shall broadcast any
advertisement of or information concerning any lottery, gift enterprise, or
similar scheme, offering prizes dependent in whole or in part upon lot or
chance, or any list of the prizes drawn or awarded by means of any such
lottery, gift enterprise or scheme, whether said list contains any part or
all of such prizes. (18 U.S.C. 1304, 62 Stat. 763).
(b) The determination whether a particular program comes within the
provisions of paragraph (a) of this section depends on the facts of each
case. However, the Commission will in any event consider that a program
comes within the provisions of paragraph (a) of this section if in
connection with such program a prize consisting of money or other thing of
value is awarded to any person whose selection is dependent in whole or in
part upon lot or chance, if as a condition of winning or competing for such
prize, such winner or winners are required to furnish any money or other
thing of value or are required to have in their possession any product sold,
manufactured, furnished or distributed by a sponsor of a program broadcast
on the station in question. (See 21 FCC 2d 846).
(c) The provisions of paragraphs (a) and (b) of this section shall not apply
to an advertisement, list of prizes or other information concerning:
(1) A lottery conducted by a State acting under the authority of State law
which is broadcast by a radio or television station licensed to a location
in that State or any other State which conducts such a lottery. (18 U.S.C.
1307(a); 102 Stat. 3205).
(2) Fishing contests exempted under 18 U.S. Code 1305 (not conducted for
profit, i.e., all receipts fully consumed in defraying the actual costs of
operation).
(3) Any gaming conducted by an Indian Tribe pursuant to the Indian Gaming
Regulatory Act (25 U.S.C. 2701 et seq.)
(4) A lottery, gift enterprise or similar scheme, other than one described
in paragraph (c)(1) of this section, that is authorized or not otherwise
prohibited by the State in which it is conducted and which is:
(i) Conducted by a not-for-profit organization or a governmental
organization (18 U.S.C. 1307(a); 102 Stat. 3205); or
(ii) Conducted as a promotional activity by a commercial organization and is
clearly occasional and ancillary to the primary business of that
organization. (18 U.S.C. 1307(a); 102 Stat. 3205).
(d)(1) For purposes of paragraph (c) of this section, “lottery” means the
pooling of proceeds derived from the sale of tickets or chances and
allotting those proceeds or parts thereof by chance to one or more chance
takers or ticket purchasers. It does not include the placing or accepting of
bets or wagers on sporting events or contests.
(2) For purposes of paragraph (c)(4)(i) of this section, the term
“not-for-profit organization” means any organization that would qualify as
tax exempt under section 501 of the Internal Revenue Code of 1986.
[ 40 FR 6210 , Feb. 10, 1975, as amended at 45 FR 6401 , Jan. 28, 1980; 54 FR 20856 , May 15, 1989; 55 FR 18888 , May 7, 1990; 65 FR 30003 , May 10, 2000]
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Goto Section: 73.1210 | 73.1212
Goto Year: 2014 |
2016
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