Terry Barnes, Director of Gaming 

Bingo Networks 

Tele-Mark, LLC 

P.O. Box 5066 

Shawnee, OK 74801 

Dear Mr. Barnes: 

This letter responds to your inquiry of October 3 1,1999, and to subsequent 

communications concerning the classification of your organization's new version of U-PIK-EM 

bingo that utilizes the Internet to enable players to purchase cards and play them at home. You 

state that Tele-Mark, LLC, has a contract with the Sac & Fox Nation of Oklahoma and wishes to 

introduce Internet U-PIK-EM bingo to "reach people out of their territory," according to your 

telefaxed transmission of April 4,2000. The view of the National Indian Gaming Commission 

(NIGC) is that the Indian Gaming Regulatory Act (IGRA) does not authorize off-reservation 

gaming. 

V~kd In response to questions posed by Mr. Richard Schiff in his letter of March 17,2000, 

your telefax of April 4 provided a description of Internet U-PIK-EM, and you provided 

additional clarification to Ms. Sandra Ashton in a telephone conversation of April 17,2000. 

According to your description of the game, players would open an online account with the 

gaming center by credit card or electronic check through the Internet. You stated that the gaming 

center is located on tribal land. 

From home computers, players would purchase the desired number of cards and choose 

eight numbers (between 1 and 75) in the "small picture fiame" designated pattern in the center of 

each card. Each player would agree to elect a proxy player at the gaming center. When asked 

during the April 17 telephone conversation about how many proxy players would be required, 

you indicated that only one proxy might be necessary, as the computer identifies the winner. The 

proxy player would merely verify the winner. At the 8:00 P.M. game time, a mechanical ball 

blower would randomly select numbers, and players would daub their duplicate cards online at 

home. Numbers would be drawn until there is a winner, with the winnings being larger if fewer 

numbers are drawn before there is a winner. The computer would identify the first player whose 

card matched the selected numbers. Winnings could be used to support additional play or the . 

winner could request a draw that would be mailed the following day. 

1441 L STREET, N.W. 9M FLOOR WASHINGTON, D.C. 20005 TEL: 202432-7003 FAX. 202-632-7066 
The IGRA does not authorize off-reservation gaming as contemplated in the game 

- described. The Chairman of the NIGC stated this position in the enclosed letter dated June 22, 

1999, to the Chairman of the Coeur d'Alene Tribe of Idaho. The United States asserted this 

position in related litigation in the Court of Appeals for the Ninth Circuit. Please see the 

enclosed brief of the United States as amicus curiae. In addition, U-PIK-EM bingo accessed via 

the Internet may also run afoul of other laws that are outside the area of MGC's expertise. 

If you have any questions or concerns on this matter, please contact Sandra Ashton at 

202-632-7003. 

Sincerely, 

Penny ~.'coleman 

Deputy General Counsel 

Enclosure 

cc wlenc: Don W. Abney, Principal Chief, Sac & Fox Nation 

Route 2, Box 246, Stroud, OK 74079 

Indian Gaming Management Staff, Department of the Interior 

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