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.

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    (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 
.

[37 1986 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]