DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-51,426

360NETWORKS (USA) INC.
BROOMFIELD, COLORADO

Negative Determination Regarding Eligibility
To Apply For Worker Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974, as
amended (19 USC 2273), the Department of Labor herein presents the
results of an investigation regarding certification of eligibility
to apply for worker adjustment assistance.
The investigation was initiated on April 4, 2003, in response
to a petition filed on behalf of workers of 360Networks (USA) Inc.,
Broomfield, Colorado. The workers provided telecommunications
services and network infrastructure.
The investigation revealed that the petitioning workers of
this firm or subdivision do not produce an article within the
meaning of Section 222 of the Act. The Department of Labor has
consistently determined that the performance of services does not
constitute production of an article, as required by Section 222 of
the Trade Act of 1974, and this determination has been upheld in
the U.S. Court of Appeals.
Workers at the firm or subdivision may be certified only if
their separation was caused importantly by a reduced demand for
their services from a parent firm, a firm otherwise related to
their firm by ownership, or a firm related by control. Addition-
ally, the reduction in demand for services must originate at a
production facility whose workers independently meet the statutory
criteria for certification, and the reduction must directly relate
to the product impacted by imports. These conditions have not been
met for workers at this firm.
Conclusion
After careful review, I determine that all workers of
360Networks (USA) Inc., Broomfield, Colorado are denied eligibility
to apply for adjustment assistance under Section 223 of the Trade
Act of 1974, as amended.

Signed in Washington, D. C. this 5th day of May 2003

/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance