Section 227-A. Forfeiture  


Latest version.
  • 1.  Every  cable  television  company,  and  all
      officers, agents and employees of any  cable  television  company  shall
      obey, observe and comply with every order, direction or requirement made
      by  the commission, under authority of this article, so long as the same
      shall be and remain in force. Except as provided in subdivision  two  of
      this  section,  any  cable  television  company  which shall violate any
      provision of this article, or which fails, omits or  neglects  to  obey,
      observe  or comply with any order or any direction or requirement of the
      commission, shall forfeit to the people of the state of New York  a  sum
      to  be set by the commission not to exceed one thousand dollars for each
      and every offense; every violation of any such  order  or  direction  or
      requirement,  or  of  this  article,  shall  be  a separate and distinct
      offense, and, in case of a continuing violation, every day's continuance
      thereof shall be a separate and distinct offense.
        2.  Notwithstanding  subdivision  one  of  this  section,  any   cable
      television  company  which  (a)  shall  fail to make and file its annual
      report as and  when  required  or  within  such  extended  time  as  the
      commission  may allow, or (b) shall fail to make specific answers to any
      question within the period specified by the commission  for  the  making
      and  filing  of  such  answers, or (c) shall fail to submit such special
      reports as the commission may from time  to  time  require,  within  the
      period  specified  by  the  commission for the submission thereof, shall
      forfeit to the state the sum of one hundred dollars for each  and  every
      day  such  company  shall continue to be in default with respect to such
      annual report, answer or special report.
        3. An action to recover a forfeiture under subdivision one or  two  of
      this  section may be brought at any time within one year after the cause
      of action accrues, in any court of competent jurisdiction in this state,
      in the name of the people of  the  state  of  New  York,  and  shall  be
      commenced  and  prosecuted  to  final judgment by the commission. In any
      such action all forfeitures incurred up to the time  of  commencing  the
      same  may  be sued for and recovered therein, and the commencement of an
      action to recover a forfeiture shall not be, or be held to be, a  waiver
      of  the  right  to  recover  any other penalty or forfeiture. All monies
      recovered in any such action, together with the costs thereof, shall  be
      paid into the state treasury to the credit of the general fund.