§ 227-A — Forfeiture

§ 227-a. Forfeiture. 1. Every cable television company, and all\nofficers, agents and employees of any cable television company shall\nobey, observe and comply with every order, direction or requirement made\nby the commission, under authority of this article, so long as the same\nshall be and remain in force. Except as provided in subdivision two of\nthis section, any cable television company which shall violate any\nprovision of this article or section three hundred ninety-bb of the\ngeneral business law, or which fails, omits or neglects to obey, observe\nor comply with any order or any direction or requirement of the\ncommission, shall forfeit to the people of the state of New York a sum\nto be set by the commission not to exceed one thousand dollars for each\nand every offense; every violation of any such order or direction or\nrequirement, or of this article or section three hundred ninety-bb of\nthe general business law, shall be a separate and distinct offense, and,\nin case of a continuing violation, every day's continuance thereof shall\nbe a separate and distinct offense.\n 2. Notwithstanding subdivision one of this section, any cable\ntelevision company which (a) shall fail to make and file its annual\nreport as and when required or within such extended time as the\ncommission may allow, or (b) shall fail to make specific answers to any\nquestion within the period specified by the commission for the making\nand filing of such answers, or (c) shall fail to submit such special\nreports as the commission may from time to time require, within the\nperiod specified by the commission for the submission thereof, shall\nforfeit to the state the sum of one hundred dollars for each and every\nday such company shall continue to be in default with respect to such\nannual report, answer or special report.\n 3. An action to recover a forfeiture under subdivision one or two of\nthis section may be brought at any time within one year after the cause\nof action accrues, in any court of competent jurisdiction in this state,\nin the name of the people of the state of New York, and shall be\ncommenced and prosecuted to final judgment by the commission. In any\nsuch action all forfeitures incurred up to the time of commencing the\nsame may be sued for and recovered therein, and the commencement of an\naction to recover a forfeiture shall not be, or be held to be, a waiver\nof the right to recover any other penalty or forfeiture. All monies\nrecovered in any such action, together with the costs thereof, shall be\npaid into the state treasury to the credit of the general fund.\n