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.
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:
-
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;
-
gambling conducted by an Indian
tribe pursuant to the Indian Gaming Regulatory Act; or
-
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.
|
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 an on-line complaint form found
at
esupport.fcc.gov/complaints.htm. 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. When you open the on-line complaint
form, you will be asked a series of questions that will take you
to the particular section of the form you need to complete. If
you do not use the on-line complaint form, your complaint, at a
minimum, should indicate:
-
your name, address, email address, and
phone number where you can be reached;
-
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;
-
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);
-
network, program name, and date and time of
program if you are complaining about a particular program; and
-
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.
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. |
|