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§3A-622.


§3A-622.
   
   A. Where the Oklahoma distribution rights for a closed-circuit
   telecast to be viewed in this state are in whole owned by, sold to,
   acquired by or held by any person who intends to or subsequently sells
   or, in some other manner, extends such rights in part to another, then
   such person is deemed to be a telecast promoter and must, prior to the
   telecast, be licensed as a telecast promoter by the Oklahoma
   Professional Boxing Commission. The Commission may provide, by rule,
   for additional licensed telecast promoters to participate in the
   distribution rights and share in the liability for assessments to be
   paid to the Commission. Closed-circuit telecasts of a boxing event
   shall not be telecast from, in, or into this state except under the
   auspices of a telecast promoter licensed in this state. The telecast
   promoter shall be responsible for filing the appropriate reports with
   and paying assessments to the Commission.
   
   B. In the case of closed-circuit telecasts other than pay-per-view,
   the telecast promoter shall notify the Commission of the names and
   addresses of all facilities to or through which the closed-circuit
   telecast will be shown fourteen (14) days prior to the date of the
   closed-circuit event and shall provide daily updates to the Commission
   of any additions and deletions of facilities.
   
   C. Any person or facility owner or operator intending to show the
   closed-circuit telecast, whether or not an admission fee will be
   charged, must receive authorization to show the telecast from the
   telecast promoter prior to the telecast. The showing of a
   closed-circuit telecast, whether or not an admission fee is charged,
   without the authorization of the licensed telecast promoter is
   prohibited. Delayed showing of a closed-circuit telecast also requires
   the authorization of the telecast promoter. Information received by
   the Commission of the names of persons showing a closed-circuit
   telecast in violation of this section shall be furnished to the
   appropriate district attorney's office for prosecution.
   
   D. 1. In the case of facilities at or through which the closed-circuit
   telecast is shown other than a cable system operator's pay-per-view
   facilities, the telecast promoter shall, within eight (8) days after
   the telecast, inclusive of mailing time, file with the Commission a
   written report detailing the name, address, telephone number, contact
   person's name, and the details of the payment arrangement for the
   right to receive the telecast for each facility to which the broadcast
   was transmitted.
   
   2. The report shall be accompanied by an assessment payment equal to
   four percent (4%) of the total amount paid to the telecast promoter
   for the right to broadcast the telecast.
   
   3. The Commission may require the owner or operator of the facility
   where the telecast is being shown to file a report containing
   information regarding the amount paid to the telecast promoter for the
   right to broadcast the telecast, the quality of the audio and video
   signal, and any other information the Commission deems appropriate.
   
   E. 1. In the case of a cable system operator's pay-per-view facilities
   at or through which a closed-circuit telecast was shown, the telecast
   promoter shall, except as provided for in subsection A of Section 617
   of this title, within thirty (30) days following receipt of the notice
   of the assessment from the Commission, file with the Commission an
   assessment payment equal to four percent (4%) of the total gross
   receipts excluding any federal, state, or local taxes.
   
   2. The Commission shall require the cable system operator to file
   reports containing information regarding the number of orders sold and
   the price charged for orders and any other information the Commission
   deems appropriate.
   
   3. Cable system operators shall not be liable to the Commission for
   the assessment payment. Nothing in this section shall be deemed to
   prevent a cable system operator from billing its customer for the
   assessment payment.
   
   4. The Commission shall provide the telecast promoter with a report
   detailing the number of orders and the assessment payment due.
   
   F. Any promoter who willfully makes a false and fraudulent report
   under this section is guilty of perjury and, upon conviction, is
   subject to punishment as provided by law. This penalty shall be in
   addition to any other penalties imposed in this section.
   
   G. Any telecast promoter who willfully fails, neglects, or refuses to
   make a report or to pay the assessment as prescribed, or who refuses
   to allow the Commission to examine the books, papers, and records of
   any promotion is guilty of a misdemeanor, punishable as provided by
   law.
   
   H. By rule, the Commission shall establish administrative penalties as
   specified in Section 601 et seq. of this title for the late payment of
   assessments, noncompliance with Section 601 et seq. of this title, and
   the late filing of reports and shall prescribe conditions, if any,
   under which a fine may be waived.
   
   I. No cable system operator shall be:
   
   1. Prohibited from broadcasting any boxing event, whether or not the
   promoter or distributor is in compliance with the provisions of
   Section 601 et seq. of this title, for which it has a contract or
   other legal obligation to broadcast;
   
   2. Required, as a result of any noncompliance with the provisions of
   this act by any promoter or distributor, to modify, delete, or cancel
   any programming which it has a contractual or legal obligation to air;
   and
   
   3. This act shall not apply in any manner to any basic or premium
   channel programming broadcast on cable television systems within this
   state, but shall apply only to "pay-per-view" broadcasts of boxing
   events for which a separate one-time fee is charged the cable
   subscriber.
   
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