Windstream and PAETEC say the Federal Communications Commission should stay out of its negotiation with the City of Rochester regarding a new building at the Midtown Plaza site. That’s according to documents filed last week with the FCC in response to the city’s opposition to Windstream's acquisition of PAETEC.
PAETEC agreed to build a $55 million headquarters at Midtown Plaza, but Windstream has not said if it will follow through with those plans. Windstream affirmed to the FCC it has not made a decision.
In a joint letter, the companies wrote that Windstream has “not yet reached any decisions regarding the downtown Rochester site, though they anticipate that the merged company will have a substantial presence in the Rochester area post-closing. Regardless, to the extent that any discussions are occurring or might occur in the future regarding the Land Disposition Agreement between the City and PAETEC…the issue would constitute a private legal matter outside the Commission’s jurisdiction.”
They also said that “no final plan regarding employees in the Rochester area has been developed.”
The city filed a letter with the FCC raising concerns about how the merger would affect the Midtown deal and local employment.
The merger is subject to federal and state regulatory approval. PAETEC shareholders vote later this month. There is speculation Level 3 Communications may try to outbid Windstream for PAETEC.