§ 90-151. Arbitration of value.  


Latest version.
  • The arbitration panel shall be selected, the hearing scheduled within the time prescribed, notice given, the hearing conducted, decision made and costs divided in the manner prescribed by sections 90-469 through 90-474, inclusive in subdivision III of division 5. The franchisee shall make its cable television system, other property and books, accounts and other records available, upon request, for inspection by the cable television commission, its assignee or their experts. The discovery provisions of the California Arbitration Act (Code of Civil Procedure § 1280 et seq.) shall be applicable to the arbitration proceeding under this section.

    The questions which may be submitted to the arbitration panel and jurisdiction of the panel shall be limited to the following:

    a.

    The amount to be paid by the commission or its assignee under the valuation limits prescribed by section 90-146, above; and

    b.

    Interpretation of the provisions of the franchise documents solely in relation to the issues within its jurisdiction.

    Upon request by the commission or its assignee or the franchisee or upon its own initiative, the arbitration panel shall appoint and retain one or more independent experts for the purpose of providing advice upon the valuation issues to be determined.

    The arbitration award may be judicially enforced, shall be final, binding and conclusive upon the parties and shall not be subject to judicial review or vacation except on grounds set forth in Code of Civil Procedure § 1286.2.

(Ord. No. 97-12, § 2(5.50.258), 2-13-1997; Ord. No. 97-21, § 2, 12-10-1997)