DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-73,430

COVAD COMMUNICATIONS COMPANY
DBA DIECA COMMUNICATIONS, INC.
INCLUDING ON-SITE LEASED WORKERS FROM
EQUITY STAFFING AND POSITION FILLED
DENVER, COLORADO



Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974, as
amended ("Act"), 19 U.S.C. § 2273, the Department of Labor
herein presents the results of an investigation regarding
certification of eligibility to apply for worker adjustment
assistance.
The group eligibility requirements for workers of a Firm
under Section 222(a) of the Act, 19 U.S.C. § 2272(a), are
satisfied if the following criteria are met:
(1) a significant number or proportion of the workers in such
workers' firm have become totally or partially separated, or
are threatened to become totally or partially separated; and

(2)(A)(i) the sales or production, or both, of such firm have
decreased absolutely; and

(ii)(I) imports of articles or services like or directly
competitive with articles produced or services supplied by
such firm have increased; and

(iii) the increase in imports described in clause (ii)
contributed importantly to such workers' separation or
threat of separation and to the decline in the sales or
production of such firm.

The investigation was initiated in response to a petition
filed on February 3, 2010 on behalf of workers of Covad
Communications Company, DBA DIECA Communications, Inc.,
Denver, Colorado (Covad Communications Company). Workers at the
subject firm are engaged in activities related to
telecommunication services. The workers are not separately
identifiable by function. The worker group includes on-site
leased workers from Equity Staffing and Position Filled.
The investigation further revealed that workers of Covad
Communications Company, DBA DIECA Communications, Inc.,
including on-site leased workers from Equity Staffing and
Position Filled, Denver, Colorado who are engaged in employment
related to telecommunication services meet the criteria for
certification.
Section 222(a)(1) has been met because a significant
number or proportion of the workers in the workers' firm have
become totally or partially separated during the relevant
period.
Section 222(a)(2)(A)(i) has been met because the sales of
telecommunication services by the subject firm decreased during
the relevant period.
Section 222(a)(2)(A)(ii) has been met because imports of
telecommunication services supplied by Covad Communications
Company have increased. Specifically, the Department of Labor
conducted a survey of the subject firm's major declining
customer regarding their purchases of telecommunication services
during the relevant period. The survey revealed increased
customer reliance on imported telecommunication services.
Finally, Section 222(a)(2)(A)(iii) has been met because
the increased imports of telecommunication services by
customers of Covad Communications Company contributed
importantly to the worker group separations and sales declines
at Covad Communications Company.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Covad Communications
Company, DBA DIECA Communications, Inc., including on-site
leased workers from Equity Staffing and Position Filled,
Denver, Colorado, who are engaged in activities related to
telecommunication services meet the worker group certification
criteria under Section 222(a) of the Act, 19 U.S.C. § 2272(a).
In accordance with Section 223 of the Act, 19 U.S.C. § 2273, I
make the following certification:


"All workers of Covad Communications Company, DBA DIECA
Communications, Inc., including on-site leased workers
from Equity Staffing and Position Filled, Denver,
Colorado, who became totally or partially separated from
employment on or after January 28, 2009, through two years
from the date of certification, and all workers in the
group threatened with total or partial separation from
employment on the date of certification through two years
from the date of certification, are eligible to apply for
adjustment assistance under Chapter 2 of Title II of the
Trade Act of 1974, as amended."
Signed in Washington, D.C., this 22nd day of October 2010


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