§3A-622. Telecast promoters - License - Names and addresses of facilities - Unauthorized telecasts - Report - Assessment payments - Penalties.

3A OK Stat § 3A-622 (2019) (N/A)
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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. The Oklahoma State Athletic 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 combative sports or amateur mixed martial arts event conducted in this state shall not be telecast within 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. Any telecast promoter who willfully fails, neglects, or refuses to make a report or cause to be paid 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. Any remitter who willfully fails, neglects, or refuses to remit the assessment as prescribed, is guilty of a misdemeanor, punishable as provided by law.

E. By rule, the Commission shall establish administrative penalties as specified in the Oklahoma State Athletic Commission Act for the late payment of assessments, noncompliance with the Oklahoma State Athletic Commission Act, and the late filing of reports and shall prescribe conditions, if any, under which a fine may be waived.

F. 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 the Oklahoma State Athletic Commission Act, for which it has a contract or other legal obligation to broadcast; and

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.

G. The Oklahoma State Athletic Commission 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 combative sports or amateur mixed martial arts events conducted in this state for which a separate one-time fee is charged the cable subscriber.

Added by Laws 1995, c. 202, § 11, emerg. eff. May 19, 1995. Amended by Laws 1998, c. 348, § 5, emerg. eff. June 5, 1998; Laws 1999, c. 210, § 19, eff. July 1, 1999; Laws 2003, c. 331, § 3, eff. July 1, 2003; Laws 2004, c. 184, § 3, emerg. eff. May 3, 2004; Laws 2008, c. 329, § 19, eff. July 1, 2008; Laws 2012, c. 363, § 1, eff. Dec. 31, 2012.