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No municipality shall grant an additional franchise for cable service for an area included in an existing franchise on terms and conditions more favorable or less burdensome than those in the existing franchise pertaining to: (1) the area served; (2) public, educational, or governmental access requirements; or (3) franchise fees. Nothing in this paragraph prevents a municipality from imposing additional terms and conditions on any additional franchises. Minn. Stat. § 238.08, subd. 1(b) (emphasis added). This language does not mean that the language or terms of a franchise must be the same between competitors. See WH Link, LLC v. City of Otsego, 664 N.W.2d 390, 396 (Minn. Ct. App. 2003) (more favorable or less burdensome interpreted as "substantially similar"). B. The 5 -Year Build Statute The Minnesota Cable Act also has a section that addresses franchise requirements for all local franchises. One of those provisions requires: (m) a provision in initial franchises identifying the system capacity and technical design and a schedule showing: (1) that construction of the cable communications system must commence no later than 240 days after the granting of the franchise; (2) that construction of the cable communications system must proceed at a reasonable rate of not less than 50 plant miles constructed per year of the franchise term; (3) that construction throughout the authorized franchise area must be substantially completed within five years of the granting of the franchise; and (4) that the requirement of this section be waived by the franchising authority only upon occurrence of unforeseen events or acts of God; See 238.084, Subd. 1(m) (emphasis added). It is the position of CenturyLink that the 5 -Year Build Statue is a barrier to entry and is preempted by the Federal Cable Act. See Exhibit 3 at ¶¶ 28-31 and Section 11(C) below. 10