DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,468

COMCAST CABLE
CENTRAL DIVISION CUSTOMER CARE
ALPHARETTA, GEORGIA

Notice of Revised Determination
After Statutory Reconsideration

As required by the Trade Adjustment Assistance Reauthorization
Act of 2015 (TAARA 2015), which was enacted as Title IV of the
Trade Preferences Extension Act of 2015, Public Law No. 114-27,
section 405(a)(1)(A), the investigation into this petition was
reopened for a reconsideration investigation to apply the
requirements for worker group eligibility under chapter 2 of title
II of the Trade Act of 1974, as amended by the TAARA 2015, to the
facts of this petition (statutory reconsideration).
The initial investigation, initiated August 7, 2014, resulted
in a negative determination, issued on September 22, 2014, that was
based on the firm not producing an article. The determination was
applicable to workers and former workers of Comcast Cable, Central
Division Customer Care, Alpharetta, Georgia (herein referred to as
“Comcast Cable, Central Division Customer Care”). An application
for administrative reconsideration was filed by the workers on
October 21, 2014. A Negative Determination Regarding Application
for Reconsideration was issued on November 19, 2014 on the grounds
that the petitioners did not include information that the firm
produced an article as defined under 29 CFR 90.2.
The workers’ firm is engaged in activities related to the
supply of customer services related to calls about customer
billing.
Based on information reviewed during the reconsideration
investigation, the Department of Labor determines that Comcast
Cable, Central Division Customer Care has acquired like or directly
competitive services from a foreign country that contributed to the
workers’ separations at the subject firm.
Section 222(a)(1) has been met because 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.
Section 222(a)(2)(B) has been met because the workers’ firm
has acquired from a foreign country like or directly competitive
services with services supplied by the workers which contributed
importantly to worker group separations at Comcast Cable, Central
Division Customer Care.
Conclusion
After careful review, I determine that workers of Comcast
Cable, Central Division Customer Care, Alpharetta, Georgia, who are
engaged in activities related to supply of customer services
related to calls about customer billing, 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 Comcast Cable, Central Division Customer Care,
Alpharetta, Georgia who became totally or partially separated
from employment on or after August 6, 2013, 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 1st day of March, 2016


/s/Hope D. Kinglock
______________________________
HOPE D. KINGLOCK
Certifying Officer, Office of
Trade Adjustment Assistance



DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,468

COMCAST CABLE
CENTRAL DIVISION CUSTOMER CARE
ALPHARETTA, GEORGIA


Notice of Negative Determination
Regarding Application for Reconsideration

By application dated October 21, 2014, workers requested
administrative reconsideration of the Department of Labor's
negative determination regarding eligibility to apply for
Trade Adjustment Assistance (TAA) applicable to workers and
former workers of Comcast Cable, Central Division Customer
Care, Alpharetta, Georgia (subject firm). The determination w
as issued on September 22, 2014. The Department’s Notice of
determination was published in the Federal Register on October
21, 2014 (79 FR 62971).
Pursuant to 29 CFR 90.18(c) reconsideration may be granted
under the following circumstances:
(1) If it appears on the basis of facts not previously
considered that the determination complained of
was erroneous;
(2) If it appears that the determination complained of
was based on a mistake in the determination of facts
not previously considered; or
(3) If in the opinion of the Certifying Officer, a mis-
interpretation of facts or of the law justified
reconsideration of the decision.
The negative determination was based on the Department’s
findings that the subject firm does not produce an article
within the meaning of Section 222(a) or Section 222(b) 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.
The definition of a firm includes an individual proprietorship,
partnership, joint venture, association, corporation (including
a development corporation), business trust, cooperative, trustee
in bankruptcy, and receiver under decree of any court.

During the investigation, the Department obtained information
that revealed that the subject firm did not produce an article;
rather, the subject firm supplied services related to call center
services.
In the request for reconsideration, the workers assert that their
jobs were outsourced to foreign countries but did not provide
information pertaining to the subject firm producing an article.
29 CFR 90
The petitioners did not supply facts not previously considered;
nor provide additional documentation indicating that there was
either 1) a mistake in the determination of facts not previously
considered or 2) a misinterpretation of facts or of the law
justifying reconsideration of the initial determination.
Based on these findings, the Department determines that 29 CFR
90.18(c) has not been met.

Conclusion
After careful review of the application and investigative findings,
I conclude that there has been no error or misinterpretation of
the law or of the facts which would justify reconsideration of the
Department of Labor's prior decision. Accordingly, the application
is denied.

Signed in Washington, D.C., this 19th day of November, 2014

/s/Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance
4510-FN




DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-85,468

COMCAST CABLE
CENTRAL DIVISION CUSTOMER CARE
ALPHARETTA, GEORGIA

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 ("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.
Workers of a firm may be eligible for worker adjustment
assistance if they satisfy the criteria of subsection (a) and (b)
of Section 222 of the Act, 19 U.S.C. § 2272(a) and (b). For the
Department of Labor to issue a certification for workers under
Section 222(a) of the Act, 19 U.S.C. § 2272(a), the following three
criteria must be met:
(1) The first criterion (set forth in Section 222(a)(1) of the
Act, 19 U.S.C. § 2272(a)(1)) requires that a significant
number or proportion of the workers in such workers' firm, or
an appropriate subdivision of the firm, have become totally or
partially separated, or are threatened to become totally or
partially separated
(2) The second criterion (set forth in Section 222(a)(2) of the
Act, 19 U.S.C. § 2272(a)(2)) may be satisfied in one of two
ways:
(A) Increased Imports Path:
(i) sales or production, or both, at the workers' firm must
have decreased absolutely, AND
(ii) imports of articles like or directly competitive with
articles produced by such firm or subdivision have
increased; and
(iii) the increase 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 or subdivision.

(B) Shift in Production Path:
(i) there has been a shift in production by such workers'
firm or subdivision to a foreign country of articles like
or directly competitive with articles which are produced
by such firm or subdivision; and
(ii)(I) the country to which the workers' firm has
shifted production of the articles is a party to a free
trade agreement with the United States;
(II)the country to which the workers' firm has
shifted production of the articles is a beneficiary
country under the Andean Trade Preference Act, African
Growth and Opportunity Act, or the Caribbean Basin
Economic Recovery Act; or
(III)there has been or is likely to be an increase in
imports of articles that are like or directly
competitive with articles which are or were produced by
such firm or subdivision.

For the Department to issue a secondary worker certification
under Section 222(b) of the Act, 19 U.S.C. § 2272(b), to workers of
a Supplier or a Downstream Producer, the following criteria must be
met:
(1) a significant number or proportion of the workers in the
workers' firm or an appropriate subdivision of the firm
have become totally or partially separated, or are
threatened to become totally or partially separated;

(2) the workers' firm is a Supplier or Downstream Producer to
a firm that employed a group of workers who received a
certification of eligibility under Section 222(a) of the
Act, 19 U.S.C. § 2272(a), and such supply or production
is related to the article that was the basis for such
certification; and

(3) either
(A) the workers' firm is a supplier and the component parts
it supplied to the firm described in paragraph (2)
accounted for at least 20 percent of the production or
sales of the workers' firm; or
(B) a loss of business by the workers' firm with the firm
described in paragraph (2) contributed importantly to the
workers' separation or threat of separation.


Section 222(c) of the Act, 19 U.S.C. § 2272(c), defines the
terms "Supplier" and "Downstream Producer."
The investigation was initiated in response to a petition
filed on August 7, 2014 on behalf of workers of Comcast Cable,
Central Division Customer Care, Alpharetta, Georgia. The workers'
firm is engaged in activities related to the supply of call center
services.
The petitioner claimed that call center services were
outsourced to Mexico and the Philippines. During the course of
the investigation, information was collected from the workers'
firm.
The investigation revealed that Comcast Cable, Central
Division Customer Care, Alpharetta, Georgia, does not produce an
article within the meaning of Section 222(a) or Section 222(b) 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. The definition of a firm includes an
individual proprietorship, partnership, joint venture, association,
corporation (including a development corporation), business trust,
cooperative, trustee in bankruptcy, and receiver under decree of
any court.
During the investigation, the Department of Labor obtained
information that revealed that the workers' firm did not produce an
article; rather, the workers' firm supplied services related to
call center services.
In order for the Department to issue a certification of
eligibility to apply for alternative trade adjustment assistance
(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 Comcast Cable,
Central Division Customer Care, Alpharetta, Georgia engaged in
activities related to the supply of call center services 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 22nd day of September, 2014.

/s/Michael W. Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Office of
Trade Adjustment Assistance