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In reaching its decision, the Racing Commission considered all provisions of the Federal Indian Gaming Regulatory Act, the proposed compact and other relative considerations including specific issues of concern about the compact, namely: One, that the Racing Commission, although a body experienced in consideration of such matters, would not have much to say about the Tribe's financing plan, financing arrangements or the identity and integrity of the financing or financiers; Two, that the feasibility study provided by the Tribe failed to address the availability of race horses multiplayer for the proposed facility and also failed to convince the Commission of the overall financial feasibility of the proposal; Three, that the commissioners observed they personally had taken an oath when accepting appointments as commissioners to generate public revenue, the likelihood of which was greatly diminished under the terms of the compact, and that revenue projected to the Comanche was optimistic and suspect in light of the potential for unregulated participation through contracts and agreements by non-Tribe entities; Four, exclusions in the proposed compact from certain Commission Rules of Racing and the Oklahoma Horse Racing Act regarding simulcasting provisions and the Commission's ability to discipline the Tribe if warranted; Five, that the Commission would ultimately have little to say about the number of race days or performances the racetrack would And, six, significant unclear provisions of the Indian Gaming Regulatory Act coupled with the unsettling fact that the proposed Federal Gaming Commission had not yet been formed or funded.

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