§ 66-354. General filing and report requirements.
§ 66‑354. Generalfiling and report requirements.
(a) General. Adocument filed with the Secretary under this Article must be signed by anofficer or general partner of the person submitting the document. Within fivedays after a person files a document with the Secretary under this Article, theperson must send a copy of the document to any county or city included in theservice area described in the document and to the registered agent of any cableservice provider that is providing cable service under an existing agreement inthe service area described in the document.
The provisions of Article 2 ofChapter 55D of the General Statutes apply to the submission of a document underthis Article. A document filed under this Article is a public record as definedin G.S. 132‑1. The Secretary must post a document filed under thisArticle on its Internet Web site or indicate on its Internet Web site that thedocument has been filed and is available for inspection.
A successor in interest to aperson who has filed a notice of franchise is not required to file anothernotice of franchise. When a change in ownership occurs, the owner must file anotice of change in ownership with the Secretary within 14 days after thechange becomes effective.
(b) Forfeiture. A personwho offers cable service over a cable system without filing a notice offranchise or a notice of service as required by this Article is subject toforfeiture of the revenue received during the period of noncompliance fromsubscribers to the cable service in the area of noncompliance. Forfeiture doesnot apply to revenue received from cable service provided over a cable systemin an area that is adjacent to a service area described in a notice offranchise and notice of service filed by that cable service provider under G.S.66‑352 if the provider obtains a State‑issued franchise and files anotice of service that includes this area within 20 days after a civil actionfor forfeiture is filed. A forfeiture does not affect the liability of thecable service provider for sales tax due under G.S. 105‑164.4 on cableservice.
A cable service provider whosearea includes the area in which a person is providing cable service withoutcomplying with the notice of franchise and notice of service requirements maybring a civil action for forfeiture. The amount required to be forfeited in theaction must be remitted to the Civil Penalty and Forfeiture Fund established inG.S. 115C‑457.2. (2006‑151, s. 1.)