Cite as: 509 U. S. 418 (1993)
Opinion of the Court
enacted "to accommodate the operation of legally authorized State-run lotteries consistent with continued Federal protection to the policies of non-lottery States." S. Rep. No. 93- 1404, p. 2 (1974). See also H. R. Rep. No. 93-1517, p. 5 (1974).
North Carolina does not sponsor a lottery, and participating in or advertising nonexempt raffles and lotteries is a crime under its statutes. N. C. Gen. Stat. §§ 14-289 and 14- 291 (1986 and Supp. 1992). Virginia, on the other hand, has chosen to legalize lotteries under a state monopoly and has entered the marketplace vigorously.
Respondent, Edge Broadcasting Company (Edge), owns and operates a radio station licensed by the Federal Communications Commission (FCC) to Elizabeth City, North Carolina. This station, known as "Power 94," has the call letters WMYK-FM and broadcasts from Moyock, North Carolina, which is approximately three miles from the border between Virginia and North Carolina and considerably closer to Virginia than is Elizabeth City. Power 94 is one of 24 radio stations serving the Hampton Roads, Virginia, metropolitan area; 92.2% of its listening audience are Virginians; the rest, 7.8%, reside in the nine North Carolina counties served by
"(1) an advertisement, list of prizes, or other information concerning a lottery conducted by a State acting under the authority of State law which is—
"(A) contained in a publication published in that State or in a State which conducts such a lottery; or
"(B) broadcast by a radio or television station licensed to a location in that State or a State which conducts such a lottery; or
"(2) an advertisement, list of prizes, or other information concerning a lottery, gift enterprise, or similar scheme, other than one described in paragraph (1), that is authorized or not otherwise prohibited by the State in which it is conducted and which is—
"(A) conducted by a not-for-profit organization or a governmental organization; or
"(B) conducted as a promotional activity by a commercial organization and is clearly occasional and ancillary to the primary business of that organization."
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