1. 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 Department of Labor. The Department 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 Department. 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 Department.
2. B. In the case of closed-circuit telecasts other than pay-per-view, the telecast promoter shall notify the Department 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 Department of any additions and deletions of facilities.
3. 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. This includes the delayed showing of a closed-circuit telecast when the showing requires the authorization of the telecast promoter. Information received by the Department 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.

4. D.

   1. 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 Department 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. 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. 3. The Department 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 Department deems appropriate.

5. E.

   1. 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 Department, file with the Department an assessment payment equal to four percent (4%) of the total gross receipts excluding any federal, state or local taxes.
   2. 2. The Department 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 Department deems appropriate.
   3. 3. Cable system operators shall not be liable to the Department 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. 4. The Department shall provide the telecast promoter with a report detailing the number of orders and the assessment payment due.
6. 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.
7. 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 Department to examine the books, papers, and records of any promotion is guilty of a misdemeanor, punishable as provided by law.
8. H. By rule, the Department shall establish administrative penalties as specified in this act for the late payment of assessments, noncompliance with this act, and the late filing of reports and shall prescribe conditions, if any, under which a fine may be waived.

9. I. No cable system operator shall be prohibited from:

   1. 1. Broadcasting any boxing event for which it has a contract or other legal obligation to broadcast any event with any promoter or distributor irrespective of whether or not the promoter or distributor is in compliance with the provisions of this act;
   2. 2. No cable system operator shall be required to modify, delete or cancel any programming for which it has a contractual or legal obligation to air such programming as a result of any noncompliance with the provisions of this act by any promoter or distributor; and
   3. 3. This act shall not apply in any manner to any basic or premium channel programming broadcast on cable television systems within the State of Oklahoma, but shall apply only to "pay-per-view" broadcasts of boxing events for which a separate one time fee is charged the cable subscriber.

Laws 1995, SB 666, c. 202, § 11, emerg. eff. May 19, 1995; Amended by Laws 1998, HB 3165, c. 348, § 5, emerg. eff. June 5, 1998 (superseded document available).