August 1, 1997 

Mr. Gary W. Watkins - 

Worldlink Gaming Corporation 

1789 E. 71st Street 

Tulsa, OK 74136 

Dear Mr. Watkins: 

This letter is in response to your inquiry as to whether the 

National Indian Gaming Commission regards the game I1Rocke,k Bingo 

Ante Up Gamev (Rocket Bingo) as a Class I1 or Class I11 game 

under the Indian Gaming Regulatory Act (IGRA). We have reviewed 

the game and conclude that you may play your game,. as discussed 

below, as a Class I1 game. 

This opinion is based on my understanding of the game to be 

played as described below and will continue to be subject to our 

review and further site visits by our field investigators. If 

there are any changes made to the game as described or 

IY significant factors not discussed, such changes or differences 

might materially alter my opinion. 

Rocket Bingo is generally understood to be a game whereby not 

less than two players, situated in one or more of several Indian 

bingo halls, each of which have Customer Computer Stations (CCS), 

which are electronically interconnected, may simultaneously play 

the same game. A CCS unit is a structure with a computer, 

computer monitor and a card reader. The player of Rocket Bingo 

mustlpay the cashier as much as he or she chooses to have 

credited to his or her account. The cashier enters the amount 

paid by the player into the computer system and gives the player 

a card to enter into the CCS. The player then sits in front of 

the CCS. This is a live game where balls are drawn for the bingo 

game with a traditional style bingo blower, with or without 

barcoded balls. The balls are read by a scanner and/or the bingo 

caller, the numbers are verified by the bingo caller, and the 

information is immediately transmitted to the tribal halls. 

The CCS monitor indicates when the bingo game will start, the 

amount of credit available and the game pattern to be played, and 

displays up to thirty-six bingo cards. Before play is started, 

the player may change cards. To start play, the player touches 

each card or touches "select all" to choose all thirty-six of the 

cards. The monitor also projects images of three balls with 

numbers on them in the center of the screen and which represent 911 nylli. ' 

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the three balls drawn. The corresponding numbers are daubed on 

each card by the player touching each card or touching the daub 

all button. Each time three balls are drawn, a chip up or ante 

d up system for payment is used. In other words, each time three 

balls are drawn a certain amount of money is required from the 

player's credit for each card played. If a player fails to daub 

the card, the card is automatically deleted and no more money is 

required to play that card. 

The game includes different traditional patterns and includes 

traditional interim bingo patterns such as two, three, and four 

corner games played on the way to completion of the patterns. The 

amount a player wins on the interim games is dependent upon how 

many balls have been drawn. The monitor indicates when the 

player has won an interim two corners, three corners or four 

corners game. The monitor shows how many cards are in play and 

previous numbers that have been drawn. In addition, the monitor 

will indicate that a bingo has occurred, at what site the bingo 

has occurred, the serial number of the winning cards, and ?he 

amount won. A player cashes out by pressing the cash out button 

on the screen and taking their card to the point of sales clerk. 

There the card is read and the player is presented with his or 

her cash. 

The player must touch the screen, within 5 to 15 seconds, to 

indicate a bingo to win. If a player fails to touch the screen 

the game will continue until there is a winner. The interim 

games will also continue until there is a winner or until all 

9lb" players drop all cards. 

ANALYSIS 

"IGRA established the Commission to regulate Indian gaming, and 

specifically authorized the omm mission to promulgate regulations 

and guidelines necessary to implement the provisions of the Act. 

See 25 U.S.C. S§ 2704,2706(b)(10).11 Shakopee Mdewakanton Sioux 

Community v. Hope, 16 F.3d 261, 263 (8th Cir. 1994). In April 

1992, the Commission issued definition regulations. 
Those definition regulations establish: 

Class I1 gaming means: 

(a) Bingo or lotto (whether or not electronic, 

computer, or other technologic aids are used) when 

players : 

(1)Play for prizes with cards bearing numbers or 

other designations: 

(2)Cover numbers or designations when object, 

similarly numbered or designated, are drawn or 

electronically determined, and 

(3)Win the game by being the first person to 

cover a designated pattern on such cards; 

(b)If played in the same location as bingo or lotto, 

pull-tabs, punch boards, tip jars, instant bingo, and 

other games similar to bingo . . . . 

25 C.F.R. § 502.3. 

* * 

Class I11 gaming means all forms of gaming that are not 

class I gaming or class I1 gaming, including but not 

limited to: 

(b)Any slot machines as defined in 15 U.S.C. 1171(a) (1) 

and electronic or electromechanical facsimiles of any 

game of chance . . . . %e 

25 C.F.R. § 502.4. 

Electronic, computer or other technologic aid means a 

device such as a computer, telephone, cable, 

television, satellite or bingo blower and that when 

used-- 

(a)Is not a game of chance but merely assists a 

player of the playing of a game: 

(b)Is readily distinguishable from the playing of 

a game of chance on an electronic or electromechanical 

facsimile; and 

(c)Is operated according to applicable Federal 

communications law. 

25 C.F.R. § 502.7. 

Electronic or electromechanical facsimile means any 

gambling device as defined in 15 U.S.C. 1171(a)(2) or 

(3) 

25 C.F.R. § 502.8. 
Games similar to bingo means any game that meets the 

'requirements for bingo under Sec. 502.3(a) of this part 

and that is not a house banking game under Sec. 502.11 

of this part. 

25 C.F.R. § 502.9. 

The term "gambling devicet1 is defined in the Johnson Act at 

15 U.S.C. Sec. 1171(a) as: 

(1) any so-called Ifslot machine" or any other machine or 

mechanical device an essential part of which is a drum or 

reel with insignia thereon, and (A) which when operated may 

deliver, as the result of the application of an element of 

chance, any money or property or (B) by the operation of 

which a person may become entitled to receive, as the result 

of the application of an element of chance, any money or 

property; or 

* 

(2) any other machine or mechanical device (including'but 

not limited to, roulette wheels and similar devices) 

designed and manufactured primarily for use in connection 

with gambling, and (A) which when operated may deliver, as 

the result of the application of chance, any money or 

property, or (B) by the operation of which a person may 

become entitled to receive, as the result of the application 

of an element of"chance, any money or property; or 

(3) any subassembly or essential part intended to be used in 

connection with any such machine or mechanical device, but 

which is not attached to any such machine or mechanical 

device as a constituent part. 

GAMES SIMILAR TO BINGO 

As discussed in Shako~ee Mdewakanton Sioux Communitv v. Hope, 798 

F.Supp. 1399 (D.Minn. 1992), afffd 16 F.3d 261 (8th Cir. 1994), 

to be a game similar to bingo, we must determine whether the 

statutory elements of bingo are essential to the game being 

presented. In this instance, it is clear that the statutory 

elements are key to the game. 

The game clearly requires the players to use cards bearing 

numbers and requires the player to cover the numbers, by daubing 

the cards, when the three balls are drawn. Furthermore, the 

interim and final game of each play require a predesignated 

pattern. 

Finally, a question has been raised about the ante up feature of 

your game. While I am cognizant of the similarities between such 

a feature and slot machines, this feature is not essential to the 

Rocket Bingo game nor does it appear to impact negatively on our 
analysis of the statutory and regulatory criteria for "bingoI1 or 

a game "similar to bingo.I1 The feature is essentially similar to 

the paper card "speed bingol1 or "chip up bingou games played in 

V' halls where the player antes up money for each number called. 

Therefore, while not traditional bingo, the ante up aspect does 

not change the game so fundamentally that it prevents me from 

ultimately determining that this is a game similar to bingo. 

GAMBLING DEVICES UNDER 15 U.S.C. § 1171 

Specifically included within the regulatory definition of Class 

I11 is "any slot machines as defined in 15 U.S.C. 1171(a) (1) and 

electronic or electromechanical facsimiles of any game of 

chance." Facsimiles is defined as any gambling device under 15 

U.S.C. §§ 1171(a) (2) and (3). Therefore, if the game similar to 

--vlngo is using a gambling device, it would be transformed under 

NIGC regulations into a Class I11 game. 

We are not prepared, at this time, to decide whether the g?ae 

uses gambling devices. Furthermore, we believe that the 

manufacturer has made every effort to develop this game with the 

aid of technology rather than by using gambling devices. 

Therefore, we have determined that the tribes may play Rocket 

Bingo without risk of an enforcement action by the NIGC. 

Please be advised that this legal opinion is advisory in nature 

only and that it may be superseded, reversed, revised or . reconsidered by a subsequent General Counsel or Chairman of the 

qw Commission. Furthermore, if there are any changes made to the 

game as described, such changes might materially alter our 

conclusion. 

Finally, by issuing this opinion, we do not speak on behalf of 

the Department of Justice or the United States Attorneys who 

share enforcement responsibilities with the NIGC over gambling 

devices. 

Sincerely, 

Kevin W. Meisner 

Acting General Counsel