The answer to this question lies in subsection (b)(3), as amended in 1992, which states: “For purposes of all penalties and remedies established for violations of subsection (a)(1) of this section, the prohibited activity established herein as it applies to each such device shall be deemed a separate violation.” Although section (b) generally deals with criminal penalties, the plain language of subsection (b)(3) refers to “penalties and remedies,” indicating the legislative intent to treat each device as a separate violation when fashioning civil sanctions. See Columbia Cable TV Co. v. McCary, 954 F.Supp. 124, 128 (D.S.C.1996) (treating each decoder device distributed by defendant as a separate violation); Time Warner Cable v. Freedom Elecs., Inc., 897 F.Supp. 1454, 1459 (S.D.Fla.1996) (<HOLDING>); but see Continental Cablevision, Inc. v.
holding that a violation of a rightofway statute is negligence as a matter of law holding that each converterdecoder manufactured or distributed in violation of  553 is a separate violation of the statute holding that violation of state law was not a per se constitutional violation holding that in determining whether a discovery violation warrants the sanction of exclusion of evidence a court must look to whether the violation was substantial the timing of the violation the reason for the violation the degree of prejudice to the parties whether such prejudice may be cured by a postponement and the desirability of a continuance holding portions of the coercion of public servant or voter statute unconstitutionally overbroad in violation of the first amendment and in violation of the separation of powers