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position. Id. CenturyLink is also willing to completely indemnify the NMTC for any litigation concerning the grant of a cable franchise to CenturyLink. See Exhibit 2 at 6. With the 5 -Year Build Statute on one hand and federal preemption on the other, the NMTC is left with a difficult choice. Does the NMTC err on the side of caution and require a 5 - year build -out commitment from CenturyLink and risk thwarting a competing cable operator that will bring benefits to consumers of the NMTC member cities? Or, does the NMTC err on the side of competition and risk litigation with Comcast? Litigation may be inevitable with either choice. Should the NMTC direct staff to negotiate a cable franchise with CenturyLink, the cable franchise should contain fair and reasonable build -out requirements with the goal of CenturyLink providing competitive cable services throughout the entire NMTC member city area within a reasonable time and in an equitable manner In doing so, the Federal Cable Act, the 5 -Year Build Statute, the FCC 621 Order, and any other applicable law should be considered. d. Level Playing Field Considerations. Comcast is the only commenter to specifically raise the state level playing field statute, Minnesota Statutes Section 238.08, as a concern. In the FCC's 621 Order, the FCC found: In many instances, level -playing -field provisions in local laws or franchise agreements compel LFAs to impose on competitors the same build -out requirements that apply to the incumbent cable operator. Cable operators use threatened or actual litigation against LFAs to enforce level -playing -field requirements and have successfully delayed entry or driven would-be competitors out of town. Even in the absence of level -playing -field requirements, incumbent cable operators demand that LFAs impose comparable build -out requirements on competitors to increase the financial burden and risk for the new entrant. 621 Order at ¶ 34 (Footnotes omitted). Regardless of the reason for raising the issue, any franchise should contain adequate provisions addressing the state level playing field statute. This should include provisions to provide cable service to all NMTC member city residents over a reasonable time and reasonable circumstances (consistent with the build -out discussion above), similar public, educational, and governmental access requirements as Comcast, and the same franchise fee requirement as Comcast. See e.g. Blaine Ord. 02-1957. e. Compliance with Comcast Cable Franchise In the event the NMTC determines to grant a cable franchise to CenturyLink, the cable franchise must be granted by an ordinance. The local level playing field provision in the cable franchise with Comcast requires that the NMTC not authorize or permit itself or another Person or governmental body to construct, operate or maintain a cable system on terms and conditions which are, taken as a whole, more favorable or less burdensome than those applied to the 17