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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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