At any time on or after one hundred twenty (120) calendar days following the date of filing by a franchisee of the notice of completion the franchisee may, if a final order of completion has not been adopted by the board of directors of the cable television commission, make a written request for arbitration. If a final order of completion has been issued and the franchisee disagrees with the actual date of completion stated therein, the franchisee may, within thirty (30) calendar days following mailing to the franchisee of the order, make a written request for arbitration. The request shall be in writing, shall state the grounds therefor, and shall be filed with the clerk of the board of directors of the commission.
If arbitration is requested, 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 5.28.1920 through 5.28.1970 of this chapter. The discovery provisions of the California Arbitration Act (Code of Civil Procedure, Section 1280, et seq.) shall be applicable to arbitration proceedings under this section. The questions which may be submitted to the arbitration panel and jurisdiction of the arbitration panel shall be limited to the following:
A. The interpretation of the provisions of the franchise documents solely in relation to the decision required by subsection B of this section; and
B. Whether a final order of completion should be issued, and if so, the actual date of completion; or if an order has been issued, the actual date of completion.
The jurisdiction of the arbitration panel shall not include questions of enforcement, breach or remedies, and any such determination concerning enforcement, breach or remedies shall be inadmissible in and without force or effect in relation to proceedings conducted under Sections 5.28.1110 through 5.28.1140 of this chapter.
If ordered by the arbitration panel, the board of directors of the commission shall issue a final order of completion not later than ten (10) calendar days following receipt of the arbitration award. 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 Section 1286.2 of the Code of Civil Procedure. (Prior code § 20.05.420)