MAILING ADRESS: NIGC/DEPARTMENT OF THE INTERIOR 1849 C Street NW, Mail Stop #1621 Washington, DC 20040 Tel: 202.632.7003 Fax: 

202.632.7066

REGIONAL OFFICES Portland, OR; Sacramento, CA; Phoenix, AZ; St. Paul, MN; Tulsa, OK; Oklahoma City, OK; Rapid City, SD

WWW.NIGC.GOV

VIA EMAIL

March 9, 2023

Paula Penz, Senior Director

Choctaw Nation Gaming Commission

Choctaw Nation of Oklahoma

P.O. Box 5229

Durant, OK 74702

ppenz@choctawnation.com

RE: Submission of alternative standards to 25 C.F.R. Part 547

Dear Ms. Penz:

I am writing with respect to your October 21, 2022 request on behalf of the Choctaw 

Nation Gaming Commission (CNGC) for the National Indian Gaming Commission (NIGC) to 

review and approval of Alternative Standards Adopted for Class II Games Played Using Mobile 

Devices. The alternative standards were approved by the CNGC on January 11, 2023. Pursuant 

to 25 C.F.R. § 547.17(b), the Chair of the NIGC may approve or object to alternative standards 

by a tribal gaming regulatory authority.

Thank you for providing the following alternative standards relating to 25 C.F.R. §§ 

547.2, 547.4(b), 547.5(b)(1)(iv), 547.7(d), 547.16(b), and 547.16(c). In addition to the alternative 

standards, you provided a definition for mobile gaming device and a detailed explanation as to 

how the alternative standards achieves a level of security and integrity sufficient to accomplish 

the purpose of the standard it is to replace. This information was helpful in assessing the role of

the alternative standards within the overall regulatory framework. 

The attached Alternative Standards to 25 C.F.R. Part 547 are hereby approved as the 

alternative standards appear to achieve a level of security and integrity sufficient to accomplish 
MAILING ADRESS: NIGC/DEPARTMENT OF THE INTERIOR 1849 C Street NW, Mail Stop #1621 Washington, DC 20040 Tel: 202.632.7003 Fax: 

202.632.7066

REGIONAL OFFICES Portland, OR; Sacramento, CA; Phoenix, AZ; St. Paul, MN; Tulsa, OK; Oklahoma City, OK; Rapid City, SD

WWW.NIGC.GOV

the purpose the standards they are to replace. If you have any questions concerning this letter, 

please contact Staff Attorney Mandy Cisneros at mandy.cisneros@nigc.gov. 

Sincerely,

E. Sequoyah Simermeyer

Chairman
Choctaw Nation of Oklahoma

Alternate Standards to 25

C.F.R. Part 547

Item Part 547 Minimum Technical Standard CNGC Alternate Standard Justification

1

25C.F.R. §547.2

Class II gaming system. All components, whether or

not technologic aids in electronic, computer,

mechanical, or other technologic form, that function

together to aid the play of one or more Class II

games, including accounting functions mandated by

these regulations.

Player interface. Any component(s) of a Class II

gaming system, including an electronic or

technologic aid (not limited to terminals, player

stations, handhelds, fixed units, etc.), that directly

enables player interaction in a Class II game.

*547.2

Class II Gaming System. All components, whether or not

technologic aids in electronic, computer, mechanical, or

other technologic form, such as a Class II Mobile

Gaming System, that function together to aid the play of

one or more Class II games, including accounting

functions mandated by these regulations.

Player Interface. Any component(s) of a Class II gaming

system, including an electronic or technologic aid (not

limited to terminals, player stations, handhelds such as a

Class II Mobile Gaming Device, fixed units, etc.), that

directly enables player interaction in a Class IIgame.

Integrity stays the same. Class II mobile gaming

devices/systems are added to the list of items included

in the Class II gaming system and Player Interface

definitions to further define them.

2

25C.F.R. §547.4(b)

Approved gaming equipment and software only. All

gaming equipment and software used with Class II

gaming systems must be identical in all respects to a

prototype reviewed and tested by a testing

laboratory and approved for use by the TGRA

pursuant to §547.5 (a) through (c).

*547.4(b)

Approved gaming equipment and software only. All

gaming equipment, except for any Class II Mobile Gaming

Device, and software used with Class II gaming systems

must be identical in all respects to a prototype reviewed

and tested by a testing laboratory and approved for use

by the TGRA pursuant to §547.5 (a) through (c). Any

ClassII Mobile Gaming Device used with aClassII Mobile

Gaming System must comply with the applicable

requirements for such device set by the Federal

Communications Commission. The operation shall ensure

that any Class II Mobile Gaming occurs only on a ClassII

Mobile Gaming Device utilizing game software that has 

been reviewed and approved for use by the TGRA.

With a Class II Mobile Gaming system, it would be

difficult for an Independent Testing Laboratory (ITL)to

test patron owned devices such as cell phones and

tablets. However, having the devices be FCC accredited

(orsimilar) along with TGRA approved game software

running on the device, we retain security and integrity

of the gaming system. The requirement for the game

software to be identical to a prototype tested by an ITL

will remain the same.

3

25 C.F.R. § 547.5(b)(l)(iv)

The testing laboratory's written report confirmsthat

the operation of a player interface prototype has

been certified that it will not be compromised or

affected by electrostatic discharge, liquid spills, 

electromagnetic interference, or any other tests

required bythe TGRA;

*547.5(b)(l)(iv)

The testing laboratory's written report confirms that the

operation of a player interface prototype, other than a

Class II Mobile Gaming Device, has been certified that it

will not be compromised or affected by electrostatic

discharge, liquid spills, electromagnetic interference,

radio frequency interference, or any other tests required

bytheTGRA. AnyClassIIMobileGaming Device must

comply with the applicable requirements for such device

set by the Federal Communications Commission;

Again, an ITL cannot test all patron owned devices. We

rely on the fact that these patron owned devices have

been vetted by an accredited organization (FCC or

similar) to test for this along with other requirements

being met before being offered to the public.
4

25C.F.R. §547.7(d)

Playerinterface. The playerinterfacemust exhibit a

serial number and date of manufacture and include

a method or meansto: (1)Displayinformationtoa

player;and (2)Allowtheplayertointeractwiththe

ClassII gaming system.

*547.7(d)

Player Interface . 

(1)Any player interface, except for a 

Class II Mobile Gaming Device, must exhibit a serial

number and date of manufacture; 

(2)At the time ofClass II Mobile Gaming software

installation and registration, a Class II Mobile Gaming

Account shall be issued a unique identification

number that shall be recorded by the operation. The

Class II Mobile Gaming Device identification number

shall not be transferable to a different Class II Mobile

Gaming Device; (3)Any player interface must include

a method to: (i)Display information to a player; and 

(ii)Allow the player to interact with the Class II 

gaming system. 

(4)Any player interface is restricted to one active log

in per session.

Whilemost technological devices have a serial 

number, thisis something that would not be able to be

recorded for ourrecords. However, we willrequire the

systemto issue a unique identifier to that player

owned accountto supplementthe physicalserial

number.The software on the patron owned devicewill

be requiredtodisplayinformationalongwithallowing

the player to interact with the system. Furthermore,

we willrequire the systemto only allowthe player

interface to be restricted to one active log in per

session.

5

25C.F.R. §547.16(b)

Disclaimers. The Player Interface must continually

display: 

(1)"Malfunctions void all prizes and plays" or

equivalent; and 

(2)"Actual Prizes Determined by Bingo (or other

applicableClassII game)Play. OtherDisplaysfor

Entertainment Only" or equivalent.

*547.16(b)

Disclaimers.

(1)ExceptforClassII Mobile Gaming Devices, the

Player Interface must continually display: 

(i)"Malfunctions void all prizes and plays" or

equivalent; and 

(ii)"ActualPrizes Determined byBingo (or applicable

ClassII game)Play. Other Displaysfor

Entertainment Only" or equivalent. 

(2)ForClassII Mobile Gaming Devices, the

information in subsection (b)(1)(i)-(ii), must be

displayed prior to initiating a session.

The information required to be presented to the player

will be available at the beginning of the Player session.

They will have to acknowledge this information before

being allowed to play on their device.

6

25C.F.R.§547.16(c)

Odds notification. If the odds of winning any

advertised top prize exceeds 100 million to one, the

Player Interface must display: "Odds of winning the

advertised top prize exceeds 100 million to one" or

equivalent.

*547.16(c)

OddsNotification.

(1)If the odds of winning any advertised top prize

exceeds 100 million to one, the Player Interface

(excludinganyClassIIMobile Gaming Device)must

display: "Odds of winning the advertised top prize

exceeds 100 million to one" or equivalent. 

(2)ForClassII Mobile Gaming Devices, the information

required by subsection (c)(l) must be displayed to the

player prior to the start of game play.

The information required in this section will be

included at the beginning of play and they will

acknowledge this before their session will begin.