October 7, 2008

TCG Bulletin

May 2008, Volume 31, Issue 5

House Approves Artist Visa Act

On April 1, the U.S. House of Representatives passed legislation to improve the artist visa process. The “Arts Require Timely Service (ARTS) Act” (HR 1312) is sponsored by Rep. Howard Berman (D-CA) and ten other bipartisan leaders, and would improve the reliability, efficiency and affordability of the artist visa process.

The next step is for the legislation to be approved by the U.S. Senate. A similar bill, S. 2178 has already been introduced by Senator John Kerry (D-MA) and Orrin Hatch (R-UT). We will keep you apprised of the progress of the legislation in the Senate. We are told that the legislation has a greater chance of passage by letting it move through the legislative process without “public” fanfare. So, no action is called for at the moment.

Action: None

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Update on New Issue: White Space

Soon, the television industry will transition to digital transmission, which potentially opens up certain “white spaces” in the broadcast spectrum. The computer industry is seeking a ruling from the FCC to allow new electronic hand-held devices, such as PDAs, cordless phones and even newer technologies to operate in these frequencies. Performing arts venues have operated wireless microphones and audio systems in this “white space” spectrum for 35 years. The new electronic devices pose a threat to performing arts technology, and could create interference in our systems.

On March 21, Google Inc. filed with the FCC an Ex Parte letter regarding its desire to use the TV “white space” for mobile broadband services. The letter argues that there is “no risk” to enhancing the spectrum usage and “can provide huge economic and social gains if used more efficiently.” There is no assurance that their proposal will avoid interference with wireless microphones used in the performing arts. Adequate testing is still needed. The FCC has given no indication at this time when it may reach a decision on the rulemaking of unlicensed operation in the TV broadband.

Action: Please urge your Member of Congress to instruct the FCC Chairman to preserve the ability of wireless microphones used in the performing arts to operate without interference. The FCC should be urged to conduct adequate testing before permitting new devices to operate in the White Space spectrum. Please visit the American Arts Alliance website for an Action Alert on this issue.

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Arts Advocacy Day Recap

Daniel Pink delivered the 21st Annual Nancy Hanks Lecture, which kicked off Arts Advocacy Day events on March 31. Arts advocacy training workshops were the focus of the events on March 31. There were legislative issue briefings on NEA appropriations, arts education funding, charitable tax incentives, improving the visa process for international artists, funding for cultural exchange and protecting performing arts technology that utilizes white spaces.

During Hill Visits on April 1, members of Congress were urged to support an increase in the NEA’s appropriation and arts education funding within the U.S. Department of Education. Congress was asked to support legislation that will reduce the total processing times for O and P visa petitions filed by not-for-profit arts organizations to a maximum of 45 days. Congress was urged to increase funding for cultural exchange through the State Department. Congress was also asked to reject the proposed funding cuts to the Corporation for Public Broadcasting in the fiscal year 2009 appropriations bill. Members of Congress were urged to support increased tax incentives for charitable giving—such as extending the IRA Rollover provision. Last, Congress was asked to urge the FCC Commissioner to provide adequate testing of new electronic devices so that they will not interfere with wireless microphone technology used in theatres.

Action: None

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National Assembly of State Arts Agencies Publishes Study of Nation's State Arts Agency Appropriations

Legislative appropriations to state arts agencies increased in fiscal year 2008, according to a study published by the National Assembly of State Arts Agencies (NASAA). Between fiscal years 2007 and 2008, state arts agencies gained $9.5 million in state funds, an increase of 2.7 percent. Total legislative appropriations to state arts agencies currently stand at $359.6 million or $1.18 per capita. Fiscal year 2008 marks the fourth consecutive year of gains for the arts following three years of sharp declines during the recession. More states experienced increases in fiscal year 2008 than in any of the previous five years. Forty-five state arts agencies report appropriations growth in 2008, with a median increase of 8.9 percent. Three states reported declines, which were significant in Florida and Illinois. Excluding these two states, total appropriations among all other state arts agencies increased by 13.6 percent. State legislatures have increased arts funding by more than $55 million during the last three years.

Action: Visit the National Assembly of State Arts Agencies website for more information on this report.

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