Certified
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TAW-62511  /  Cellular Express, Inc. (Westbrook, ME)

Petitioner Type: Workers
Impact Date: 11/26/2006
Filed Date: 11/29/2007
Most Recent Update: 01/04/2008
Determination Date: 01/04/2008
Expiration Date: 01/04/2010

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-62,511

CELLULAR EXPRESS, INC.
D/B/A BOSTON COMMUNICATIONS GROUP, INC.
WESTBROOK, MAINE

Certification Regarding Eligibility
To Apply For Worker Adjustment Assistance
Negative Determination Regarding Eligibility to Apply For
Alternative Trade Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273), the Department of Labor herein presents the results of
its investigation regarding certification of eligibility to apply
for worker adjustment assistance.
In order to make an affirmative determination and issue a
certification of eligibility to apply for Trade Adjustment
Assistance, the group eligibility requirements in either paragraph
(a)(2)(A) or (a)(2)(B) of Section 222 of the Trade Act must be met.
It is determined in this case that the requirements of (a)(2)(B) of
Section 222 have been met.
The investigation was initiated on November 29, 2007 in
response to a petition filed by a company official on behalf of
workers of Cellular Express, Inc., d/b/a Boston Communications
Group, Inc., Westbrook, Maine. The workers develop, test, run and
monitor software used in billing cellular phone calls.
The investigation revealed that employment at the Westbrook
location has declined since 2006. The facility is scheduled to shut
down February 15, 2008.
The subject firm is currently shifting software development to
a facility in India. A significant portion of the software designed
in India will be sold to American firms.
In accordance with Section 246 the Trade Act of 1974 (26 USC
2813), as amended, the Department of Labor herein presents the
results of its investigation regarding certification of eligibility
to apply for alternative trade adjustment assistance (ATAA) for
older workers.
The group eligibility criteria for the ATAA program that the
Department must consider under Section 246 of the Trade Act are:
1. Whether a significant number of workers in the workers'
firm are 50 years of age or older.

2. Whether the workers in the workers' firm possess skills
that are not easily transferable.

3. The competitive conditions within the workers' industry
(i.e., conditions within the industry are adverse).

The Department has determined that criterion (3) has not been
met.
The investigation revealed that conditions within the industry
are not adverse. National employment in the customer computer
programming services sector, and in the software publishers
industry, increased between October 2006 and October 2007.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that that there was a shift in
production from the subject firm to India of articles that are like
or directly competitive with those produced by the subject firm,
and there has been or is likely to be an increase in imports of
like or directly competitive articles. In accordance with the
provisions of the Act, I make the following certification:
"All workers of Cellular Express, Inc., d/b/a Boston
Communications Group, Inc., Westbrook, Maine who became
totally or partially separated from employment on or after
November 26, 2006 through two years from the date of
certification are eligible to apply for adjustment assistance
under Section 223 of the Trade Act of 1974."
I further determine that workers of Cellular Express, Inc.,
d/b/a Boston Communications Group, Inc., Westbrook, Maine, are
denied eligibility to apply for alternative trade adjustment
assistance under Section 246 of the Trade Act of 1974.
Signed in Washington, D. C., this 4th day of January 2008

/s/Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance