Goto Section: 73.1210 | 73.1212 | Table of Contents
Revised as of March 31, 2020
Goto Year:2019 |
§ 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
(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
(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,
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Goto Section: 73.1210 | 73.1212
Goto Year: 2019 |
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