DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-63,761

LEVEL 3 COMMUNICATIONS, L.L.C.
AUSTIN, TEXAS

Negative Determination Regarding Eligibility
To Apply For Worker Adjustment Assistance
And Alternative Trade 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 July 29, 2008, in response
to a petition filed by workers on behalf of workers of Level 3
Communications, L.L.C., Austin, Texas. The workers are engaged in
telecommunication activities related to network design and
provisioning in support of customer requests, infrastructure, as
well as network grooming activities.
The investigation revealed that Level 3 Communications,
L.L.C., Austin, Texas, does not produce an article within the
meaning of Section 222(a)(2) of the Act. In order to be considered
eligible to apply for adjustment assistance under Section 223 of
the Trade Act of 1974, the worker group seeking certification (or
on whose behalf certification is being sought) must work for a
"firm" or appropriate subdivision that produces an article and


there must be a relationship between the workers' work and the
article produced by the workers' firm or appropriate subdivision.
The telecommunication workers described above do not support a firm
or appropriate subdivision that produces an article domestically
and thus the worker group cannot be considered import impacted or
affected by a shift in production of an article.
In addition, 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.
In order for the Department to issue a certification of
eligibility to apply for ATAA, the worker group must be certified
eligible to apply for trade adjustment assistance (TAA). Since the
workers are denied eligibility to apply for TAA, the workers cannot
be certified eligible for ATAA.


Conclusion
After careful review of the facts obtained in the
investigation, I determine that all workers of Level 3
Communications, L.L.C., Austin, Texas, are denied eligibility to
apply for adjustment assistance under Section 223 of the Trade Act
of 1974, and are also denied eligibility to apply for alternative
trade adjustment assistance under Section 246 of the Trade Act of
1974.
Signed in Washington, D.C., this 11th day of September 2008



/s/Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance