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Background
Television or radio stations holding Federal
Communications Commission (FCC) licenses that broadcast or
advertise information concerning a contest that they conduct
must fully and accurately disclose the material terms of the
contest and must conduct the contest substantially as announced
or advertised. Contest descriptions may not be false,
misleading, or deceptive with respect to any material term.
Material terms include those factors that define the operation
of the contest and affect participation in the contest.
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Lotteries
The FCC has defined a
lottery as “any game, contest, or promotion that
combines the elements of prize, chance, and
consideration.” Federal law generally prohibits the
broadcast of any advertisement or information concerning
a lottery. Advertisements or information about the
following activities, however, are permitted:
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lotteries conducted by a state
acting under the authority of state law, where the
advertisement or information is broadcast by a radio or
television station licensed to a location in that state
or in any other state that conducts such a lottery;
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gambling conducted by an Indian
tribe pursuant to the Indian Gaming Regulatory Act; or
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lotteries that are authorized or
not otherwise prohibited by the state in which they are
conducted, are conducted by a not-for-profit or
governmental organization, or are conducted as a
promotional activity by a by a commercial organization
and are clearly occasional and ancillary to the primary
business of that organization.
Casino gambling is a form of
lottery because it has the elements of prize, chance,
and consideration.
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The FCC
has determined that it is permissible to broadcast truthful
advertisements for lawful casino gambling, regardless of whether
the state in which the broadcaster is licensed permits casino
gambling.
Solicitation of Funds
Generally, broadcasts of requests for funds
intended for lawful purposes (including requests for
contributions to meet station operating expenses) are permitted
by federal law if the contributions are used for the announced
purposes. Federal criminal law, however, prohibits fraud by
wire, radio, or television, and violation of this law may lead
the FCC to issue sanctions against holders of broadcast
licenses.
Filing a Complaint with the
FCC
If you believe that a station has violated
the contest, lottery, or funds solicitation rules, you can file
a complaint with the FCC. There is no charge for filing a
complaint. You can file your complaint using the on-line
complaint Form 2000E found at
www.fcc.gov/cgb/complaints.html. You can also file your
complaint with the FCC’s Consumer Center by e-mailing
fccinfo@fcc.gov; calling
1-888-CALL-FCC (1-888-225-5322) voice or 1-888-TELL-FCC
(1-888-835-5322) TTY; faxing 1-866-418-0232; or writing to:
Federal Communications
Commission
Consumer & Governmental Affairs Bureau
Consumer Inquiries and Complaints Division
445 12th Street, SW
Washington, DC 20554.
What to Include in Your Complaint
The best way to provide all the information
the FCC needs to process your complaint is to complete fully the
on-line complaint Form 2000E. If you do not use the on-line
complaint Form 2000E, your complaint, at a minimum, should
indicate:
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your name, address, email address, and
phone number where you can be reached;
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name and phone number of the company
that you are complaining about and location (city and state)
if the company is a cable or satellite operator;
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station call sign (KDIU-FM or WZUE TV),
radio station frequency (1020 or 88.5) or TV channel (13),
and station location (city and state);
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network, program name, and date and
time of program if you are complaining about a particular
program; and
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any additional details of your
complaint, including time, date, and nature of the conduct
or activity you are complaining about and identifying
information for any companies, organizations, or individuals
involved.
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For More Information
For information about other
telecommunications issues, visit the FCC’s Consumer &
Governmental Affairs Bureau Web site at
www.fcc.gov/cgb, or contact the FCC’s Consumer
Center using the information provided for filing a
complaint. |
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Federal Communications Commission
