U.S. Supreme Court shouldn't hear appeal of lower court decision that FCC can't ban broadcast ads for legal gambling in Nev. casinos (TVD June 7/93 p7), broadcasters and ad groups said in brief to High Court. FCC has agreed not to enforce ban pending appeals. NAB, Assn. of National Advertisers and American Assn. of Ad Agencies said govt. appeal simply is attempt to provide additional evidence that it should have produced more than 5 years ago. Result, they said, would be "unwarranted burden" on broadcasters and advertisers. Petition said govt. presents no new issues to justify Supreme Court review and Court already has rejected argument that any reduction in gambling ads "advances the government's asserted interests ... The government is not entitled to multiple opportunities to satisfy its burden of proof to correct perceived errors in its case presentation."

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