§  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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