[Federal Register Volume 78, Number 153 (Thursday, August 8, 2013)]
[Notices]
[Page 48466]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-19186]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-82,180]


Comcast Cable, West Division Customer Care, Morgan Hill, 
California; Notice of Negative Determination on Reconsideration

    On January 31, 2013, the Department of Labor issued an Affirmative 
Determination Regarding Application for Reconsideration for the workers 
and former workers of Comcast Cable, West Division Customer Care, 
Morgan Hill, California (subject firm). The Department's Notice was 
published in the Federal Register on February 15, 2013 (78 FR 11226). 
The subject worker group supplies call center services, including sales 
and technical assistance.
    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 
misinterpretation of facts or of the law justified reconsideration of 
the decision.
    The initial investigation resulted in a negative determination 
based on no shift in services and no company imports of services like 
or directly competitive services with those supplied by the workers at 
the subject firm.
    The request for reconsideration alleges that the subject firm had 
shifted the supply of like or directly competitive services to a 
location in Mexico and that the subject worker group had supplied 
services like or directly competitive with the services supplied by the 
workers employed at two other Comcast Cable locations who were eligible 
to apply for Trade Adjustment Assistance (TA-W-82,140 and TA-W-82,025).
    Information obtained by the subject firm by the Department during 
the reconsideration investigation confirmed that neither a shift in the 
supply of services like or directly competitive with those supplied by 
the subject worker group to a foreign country by the subject firm nor 
increased imports of services like or directly competitive with those 
supplied by the subject worker group contributed importantly to subject 
worker group separations. Further, the services supplied by workers 
covered by TA-W-82,140 and TA-W-82,025 are related to repairs whereas 
the services supplied by the subject worker group during the relevant 
period are related to sales. In addition, the services formerly 
supplied by the subject worker group are being supplied by other 
domestic Comcast cable facilities.
    Therefore, the Department determines that 29 CFR 90.18(c) has not 
been met.

Conclusion

    After careful review, I determine that the requirements of Section 
222 of the Act, 19 U.S.C. 2272, have not been met and, therefore, 
affirm the denial of the petition for group eligibility of Comcast 
Cable, West Division Customer Care, Morgan Hill, California, to apply 
for adjustment assistance, in accordance with Section 223 of the Act, 
19 U.S.C. 2273.

    Signed in Washington, DC on this 9th day of July, 2013.
Del Min Amy Chen,
Certifying Officer, Office of Trade Adjustment Assistance.
[FR Doc. 2013-19186 Filed 8-7-13; 8:45 am]
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