Street Broadcasting Corp.
793
Betting, Information, Broadcast Of
Horse Racing
Subsidiary Communications Authorization
Application for Subsidiary Communications Authorization (SCA)
to transmit horse-racing information to off-track betting parlors,
granted. Service would not be legally receivable in neighboring
states where pari-mutuel betting is still illegal.
FCC 79-296
BEFORE THE
FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON, D.C. 20554
In Re Application of
STREET BROADCASTING CORPORATION'
Radio Station WIZR-FM
Johnstown, New York
For Subsidiary Communications Authoriza 
tion
File No. BSCA 
781211AV
...-"'~j
MEMORANDUM OPINION AND ORDER
(Adopted: May 10, 1979; Released: May 17, 1979)
By THE COMMISSION:
1. The Commission has before it for consideration an application
filed December 11, 1978, by Street Broadcasting Corporation, licensee
of Station WIZR-FM, Johnstown, New York, for a Subsidiary Commu 
nications Authorization (SCA) proposing, inter alia, transmission of
horse racing information to off-track betting (OTB) parlors within the
jurisdiction of the Capital District RegionalOff~TrackBetting CQrpo 
ration, an agency of the State of New York.
2. By means of the subject application, Capital District Regional
Off-Track Betting Corporation, proposed lessee of the subcarrier
channel, will provide timely horse racing information (e.g., betting
odds, track conditions, jockey changes etc.) to the OTB parlors within
its jurisdiction. For the reasons set forth in our 1964 Policy Statement,
Repurt and Order in Docket No. 15040, 36 FCC 1571 (1964), we
determined that the broadcasting of such information would assist
illegal gambling and, as such, would be contrary to the public interest.
Subsequently, the State of New York enacted off-track betting
legislation which led to the establishment of legally authorized OTB
72 F.e.C. 2d
794 Federal Communications Commission Reports
parlors throughout New York. Thereafter, in 1971, we issued a
Declaratory Ruling pertaining to the broadcasting of timely informa 
tion on horse racing by stations in New York. 32 FCC 2d 705 (1971). In
that ruling, we found that this use of broadcast facilities would serve
to promote private, and still illegal, gambling in New York as well as
gambling in neighboring states where pari-mutuel betting is still
illegal. At that time, we concluded that there is no basis for any
relaxation or limitation of the strictures set forth in the 1964 Policy
Statement.
3. After careful consideration of this matter, we are of the view
that the dissemination of such horse racing thformation to legally
authorized OTB parlors by means of an SCA would not contravene our
earlier pronouncements and would not promote or assist illegal
gambling. Unlike over-the-air broadcasting, this service is not legally
receivable in neighboring states where pari-mutuel betting is still
illegal.1 Nor would thE! proposed SCA service be available to illegal
betting parlors located within New York State. Moreover, it should be
noted that the legislation authorizing off-track betting in New York
was enacted to both provide the state with additional revenue and
"prevent and curb unlawful bookmaking and illegal wagering on horse
races". See N.Y. Unconsol. Law Section 8062. The proposed SCA would
assist those citizens engaged in legal gambling. In view of the above
and the fact that legalized gambling, in effect, competes with illegal
gambling, we would be unwarranted in concluding that this SCA
service would aid illegal gambling.
Accordingly, IT IS ORDERED, That the aforementioned applica 
tion IS HEREBY GRANTED.
FEDERAL CoMMUNICATIONS CoMMISSION,
WILLIAM J. TRICARICO, Secretary.
1 In this regard, any unauthorized reception of this SeA Ilel'V:ice would be a violation of
Section 605 of the Communications Act and subject to criminal prosecution.
72 F.C.C. 2d