August 23,2013 

VIA e-mail to r 

Tracie Stevens, Chairperson 

Daniel Little, Associate Commissioner 

National Indian Gaming Commission 

1441 E St., N.W., Suite 9100 

Washington, DC 20005 

VIA e-mail to reg.reviewFfiigc.gov 

Re: Comments on "Electronic One Touch Bingo S~stem," 78 Fed. Reg. 37998 (June 25, 

20 13) 

Dear Chairperson Stevens and Commissioner Little: 

Bally Gaming, hc., d/b/a Bally Technologies ("Bally"), is pleased to submit comments on the 

National Indian Gaming Commission's ('WPGC") proposal to recognize as Class I1 "server based 

electronic bingo system games that can be played utilizing only one touch of a button ('one touch bingo')." 

78 Fed. Reg. at 37998, referred to below as the "Proposal." 

Bally strongly supports the NIGC's Proposal, which is fully consistent with the text of the Indian 

Gaming Regulatory Act (the "IGRA"), the legislative history, the NIGC's regulations and applicable case 

law. Bally strongly agrees with the stance of the NIGC's Proposal "to reinterpret the position 

regarding one touch bingo as set forth in the Metlakatla Ordinance disapproval." 78 Fed. Reg. at 

37999. One-touch bingo refers to an auto-daub aid feature of a Class I1 gaming system, which 

only requires one action (or touch) by a player during the game. The former NIGC Chairman 

took the position in the MetlakatPa Ordinance disapproval ("Disapproval Letter") that the use of 

this aid featease above would convert 8 Class II bingo game into a Class HHI game. Bdly concurs 

with the current view of the NIGC stated in the Proposal that the arguments expressed in the 

Disapproval Letter were incorrect as a matter of law. 

The Disapproval Letter suggested it was based on how the game of bingo was 

"traditionally" played. However, the %GM explicitly recognized that the game of bingo it 

authorized was not limited to the children's paper game, and explicitly authorized the use of 

technologic aids in connection therewith. As noted in the proposal, it is the statutory definition 

of three elements of the ICIZA and NIGC regulations are all that the law allows for Class 11 

bingo. 1 03 Electronic Gambling Devices, 223 F. 3d, 109 1, 1096 (9th Cir. 2000). 

Bdly firmly agrees with the Commission that the use of technology should be embraced 

rather than stifling technological advancements in gaming. As noted in the Proposal, legislative 

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history indicates that tribes be given opportunity to take advantage of modem methods of 

conducting Class I1 gaming and the language [of the IGRA] regarding technology is designed to 

provide maximum flexibility. 78 Fed. Reg. at 38000. One touch bingo meets the three elements 

of Class I1 bingo under the IGRA, namely, (i) the game being played for prizes, including 

monetary prizes, with cards bearing numbers or other designations, (ii) the card holder must 

cover such numbers or designations when objects, similarly numbered or designated, are drawn 

or electronically determined, and (iii) the game is won by the first person covering a previously 

designated arrangement of numbers or designations on such cards. 25 U.S.C. 2703(7)(A)(i)(I111). A one touch bingo game meets the statutory criteria of the IGRA for the game of bingo and 

the fact that the game can be played with one touch of a button does not by itself transform the 

Class I1 electronic player interfaces into a Class I11 facsimile of bingo. 

As noted, Bally strongly agrees with the position taken by the Commission in regard to 

one touch bingo in the Proposal. We also strongly concur with the well-founded research and 

analysis of statutory law, case law and legislative history cited by the Commission in support of 

the Proposal. 

Sinc ely, p" 

Assistant General Counsel 

Bally Gaming, Inc. 

cc: Mark Eemer 

Senior Vice President Law and 

Government, Generd CounsellSecretary 

Baiiy Gaming, Znc. 

Worldwide Corporate Headquarters 

6601 S. Bermuda Road 

Las Vegas, Nevada 891 19 

Telephone (702) 584-7700