Combatants in Qwest v. Peerless Hire ex-FCC, DOJ Lawyer as Mediator

Plaintiffs Qwest, Level 3 and Global Crossing and defendant Peerless Network affiliates in eight states hired Frank Lamancusa of Morgan Lewis as a private mediator in their interconnect agreements dispute, said the parties in a joint status report (docket 1:21-cv-03004) posted Thursday in U.S. District Court for Colorado in Denver. Lamancusa is a former DOJ and FCC attorney who also is a professional mediator and arbitrator for the International Center for Dispute Resolution, said the report. The parties scheduled a mediation session Feb. 7-8, “with additional discussion or negotiation to follow if necessary,” it said. The case involves negotiated interconnect agreements and the access tariffs associated with them. Qwest, Level 3 and Global Crossing sued the Peerless affiliates in November 2021, alleging they engaged in a scheme of avoiding mandatory switched access charges, thereby giving them an unfair competitive advantage in the toll-free marketplace (see 2211030043). The defendants countersued in March, alleging the telecom companies used unfair and unsupported billing methods, to the detriment of the Peerless affiliates.