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This entry was published on 2021-04-09
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SECTION 227-A
Forfeiture
Public Service (PBS) CHAPTER 48, ARTICLE 11
§ 227-a. Forfeiture. 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 section three hundred ninety-bb of the
general business law, 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 or section three hundred ninety-bb of
the general business law, 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.