FCC 76.213 Revised as of October 1, 2005
Goto Year:2004 |
2006
Sec. 76.213 Lotteries.
(a) No cable television system operator, except as in paragraph (c), when
engaged in origination cablecasting shall transmit or permit to be
transmitted on the origination cablecasting channel or channels 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 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.
(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 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 thing of
value or are required to have in their possession any product sold,
manufactured, furnished, or distributed by a sponsor of a program cablecast
on the system in question.
(c) The provisions of paragraphs (a) and (b) of this section shall not apply
to advertisements or lists of prizes or information concerning:
(1) A lottery conducted by a State acting under authority of State law which
is transmitted:
(i) By a cable system located in that State;
(ii) By a cable system located in another State which conducts such a
lottery; or
(iii) By a cable system located in another State which is integrated with a
cable system described in paragraphs (c)(1)(i) or (c)(1)(ii) of this
section, if termination of the receipt of such transmission by the cable
systems in such other State would be technically infeasible.
(2) Any gaming conducted by an Indian Tribe pursuant to the Indian Gaming
Regulatory Act. (25 U.S.C. 2701 et seq.).
(3) 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; or
(ii) Conducted as a promotional activity by a commercial organization and is
clearly occasional and ancillary to the primary business of that
organization.
(d) For the purposes of paragraph (c) 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.
(e) For purposes of paragraph (c)(3)(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.
[ 37 FR 3278 , Feb. 12, 1972, as amended at 40 FR 6210 , Feb. 10, 1975; 42 FR 13947 , Apr. 13, 1977; 54 FR 20856 , May 15, 1989; 55 FR 18888 , May 7, 1990]
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