Via e-mail to reg.review@nigc.gov 

August 23,2013 

Tracie Stevens, NlGC Chairwoman 

Daniel Little, Assoc~ate Commissioner 

National lnd~an Gaming Commission 

1441 LSt., N.W., Suite 9100 

Washington, DC 20005 

Re: IGT Comments on Classification of "Electronic One Touch Bingo System." 78 Fed. Reg. 37998 (June 25, 2013) 

Dear Chairwoman Stevens and Commissioner Little: 

This letter comments on the National Indian Gaming Commission's proposed reinterpretation of an agency 

decision regarding the class~fication of electronically linked bingo games that can be played ut~lizing only one 

touch of a button ("one touch bingo") 78 Fed Reg. at 37998. 

IGT strongly supports the NIGC's proposed classification of one touch bingo as a Class II bingo game. Such a 

classification 1s consistent with the lndian Gaming Regulatory Act ("IGRA"), is consistent with Congress' intent 

that tribes have maximum flexibility to use modern technology for Class II gaming, and will allow tribes to fully 

benefit from tribal government gaming operations that use electronic bingo games. 

IGT Experience 

Slnce IGRA became law, IGT has been among the prlmary suppliers of gaming equipment in lndian Country, and 

so is a long time supporter of tribal economic development and of the promotion of strong tribal government. 

IGT provides gaming equipment in nearly every jurisdiction where gaming is legal worldwide It currently holds 

over 350 gaming licenses and has extensive experience adapting its product line to the varying technical and 

regulatory requirements of the many markets in which it operates. Our experience has taught us that gaming 

operators must be able to provide the most modern legal gaming technology to their customers in order to be 

fully competitive. 

Tribes seeking to negotiate, renew, or expand Class Ill gaming compacts lack significant power to compel states 

to negotiate in good faith. In such circumstances, viable Class II gaming may be the only leverage available to 

tribes. To that end, IGT understands that Class II gaming must be available in the optimum legal configuration for 

tribes to provide their customers the full spectrum of gaming opportunities and thereby realize the greatest 

return from their government gaming operations. 

Qualification of One-Touch Games as Bingo 

We concur with the Commission's reasoning in support of this change found in the "Summary of Proposed 

Reinterpretation" published with the Commission'sJune 25th, 2013 Request for Public Comment. 

Ragulatory Compliance 

63553. Buffalo Drkw 

Las Vegas, NV 89113-2133 

Office: +Y 702.669.8502 

ww.lGT.com 
Cha~rwoman Stevens and Commlssloner Llttle 

August 23, 2013 

Page 2 

We believe two critical arguments in support of the proposed reclassification stand out as especially compelling: 

We agree with the Commission that one-touch games satisfy IGRA's definition of Class II bingo and we believe it 

is important to honor Congress' stated intent that tribes have access to modern methods of conducting Class II 

games. 

One Touch Games Satlsfy The Legal Definition of Bingo 

The 9th Circuit Court, looking at what Congress did intend in IGRA in the case U.S. v. 103 Electronic Gambling 

Devices, 223 F. 3d 1091, determined that the three elements of bingo mandated in IGRA were the sole means to 

determine if a game was bingo and thus Class II. IGRA defines bingo as a game in which players: "(1) play for 

prizes with cards bearing numbers or other designations; (2) cover numbers or designations when objects, 

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." 

The Court's opinion noted: 

"Whatever a nostalgic inquiry into the vital characteristics of the game as it was played in our childhoods 

or home towns might discover, IGRA's three expliclt criteria, we hold, constitute the sole legal 

requirements for a game to count as class II bingo 

There would have been no polnt to Congress's putt~ng the three very speclfic factors in the statute if 

there were also other, implicit criteria." 

Thus, a game that includes the three elements of bingo laid out in IGRA is Class II bingo. 

The second bingo criterion requires the player to cover the numbers or des~gnations on his card when such 

numbers or designations are drawn or determined. Since the courts have already determined that use of 

electronic bingo cards and electronic daubing of such cards are consistent with the statute, there is no basis for 

the NIGC's previous determ~nat~on torestrict the extent to which a daubing aid may asslst a player, and when 

that assistance mav be invoked 

If a player asks the player interface to assist in daubing, the timing of the request and the tlming of the 

satisfaction of the request are Immaterial to whether an aid is legitimately utllized A player should be able to 

initiate play, request daubing assistance, and receive that assistance without having to repeatedly renew that 

request after each ball release. The player is actively engaged in the play of the game regardless of the number 

of times a daub is requested, Additionally, players are competing with other players and not the device. 

The legitimate use of a technological aid for covering means that a "one-touch" bingo game meets the statutow 

elements of Class II gaming under IGRA. 

Modern Technology 

In creating the Indian Gaming Regulatory Act, Congress antic~pated what it could not foresee regarding Class II 

game technology. Congress ~ntended that tr~bes have access to the most soph~st~cated Class II technology and 

not be shackled to outdated modes of game play. 

The Senate Committee Report regarding IGRA at the time of enactment noted that: 
Cha~rwoman Stevens and Commlssloner Llttle 

August 23,2013 

Page 3 

"The Committee specifically rejects any inference that tribes should restrict Class II games to existing 

game sizes, levels of participation, or current technology. The Committee intends that tribes be given 

the opportunity to take advantage of modern methods of conducting Class II games and the language 

regarding technology 1s designed to provide maxlmum flexibility." (Senate Select Committee on indlan 

Affalrs - Committee Report, 1988 U.S C C.A.N. at 3079.) 

The Commission's proposal to acknowledge the inclusion of one-touch games within the scope of Class II bingo 

provldes maximum technological flexibility to tribes for a game that is consistent with IGRA's definition of bingo. 

Conclusion 

IGT agrees with the NIGC's proposed classification of one touch bingo as a Class iI bingo game. One touch bingo 

games use modern technology in a mannerthat falls within the scope of Class II bingo as defined by IGRA. Class 

II gaming is a critical resource for many tribes. The recognition that one touch bingo is a Class II game will allow 

these tribes to realize the maximum benefit from theirtribal government gaming. 

IGT 1s concerned that some existing advisory opinions, although expressly not binding on the Commission, may 

cause confusion. IGT suggests that such opinions be withdrawn to the extent they are inconsistent with the 

revised rule acknowledging the permissibility of one touch electronic bingo. 

I hope this information is helpful to the Commission. 

Please feel free to contact me at (702) 669-8597 if you have any questions or would like additional information. I 

can also be reached by emall at gayle.bauer@igt.com. Thank you in advance for your consideration. 

Sincerely, 

Gayle Bauer 

Regulatory Compliance