(F PUBLIC NOTICE FEDERAL COMMUNICATIONS COMMISSION 445 12TH STREET, S.W. WASHINGTON, D.C. 20554 DA 99-2034 News media information 202/4T 8-0500 Fax-On-Demand 2021418-2830 Internet: htIp://wwwfcc.gov ftp.fcc.gov Releaseth September 30, 1999 CASINO ADVERTISING ENFORCEMENT PENDING DISPOSFTION OF PM YERS IKrER?sJATIONAL CASE The Commission has received numerous inquiries concerning the impact Of the Government's Supplemental Brief submitted in a case pending on appeal before the United States Court of Appeals for the Third Circuit. In the interest of clarifying the FCC's enforcement position, the Office of General Counsel and the Mass Media Bureau are issuing this Public Notice. On August 6, 1999, the FCC and the Department of Justice submitted a Supplemental Brief to the Third Circuit in the Pkzyers International case (No. 98-5127). The brief asserted that in light of the Supreme Court's reasoning in Greater New Orleans Broadcasting Ass 'n v. United States, 119 S. Ct. 1923 (1999), the government has concluded that 18 U.S.C. § 1304, as currently written, may not constitutionally be applied to truthful advertisements for lawful casino gambling, regardless of whether the broadcaster who transmits the advertisement is located in a State which permits casino gambling or a State which prohibits it. It should be noted that, contemporaneously with filing the brief, the Department of Justice notified Congress that it did not intend to continue to defend the constitutionality of Section 1304 as applied to truthful broadcast advertisements for lawful casino gambling. The brief requests that the Third Circuit wait 90 days to dispose of the case in order to allow the House of Representatives or the Senate to intervene in this matter, should either body wish to do so. Moreover, the possibility exists that the Third Circuit could disagree with the government's view, without regard to intervention by Congress. Accordingly, the Commission will re-evaluate the matter following the Third Circuit's disposition of the appeal before it. For further information, contact Catherine Withers, Mass Media Bureau, (202) 418-1430. 16203