February 8, 2010

Advocacy News

White Space Update! FCC Adopts Order and Issues a Notice of Proposed Rulemaking

On January 15th, the FCC approved and adopted an Order and a Notice of Proposed Rulemaking that will affect the use of wireless microphones in the performing arts. The Order took effect upon publication in the Federal Register on January 22nd.

The FCC Order carries several immediate implications:

  • Necessity to comply with 700 MHz transition date, June 12, or earlier if requested by a public safety or 700 MHz commercial licensee 
  • Immediate shut-down of 700 MHz microphones upon notice of interference from a public safety or 700 MHz licensee 
  • Assess inventory of 700 MHz equipment for replacement

Since publication in the Federal Register all wireless microphones enjoy an interim legal status under Part 15 for the first time ever. These users must comply with interim operating conditions. These are the Conditions for Part 15 Interim Use:

  • May not operate at powers exceeding 50mW
  • Must comply with technical rules
  • Must use devices certified under Part 74

Further, the Order includes a Notice of Proposed Rulemaking that expresses interest in expanding eligibility for Part 74 licenses and requests Comments with regard to defining parameters for eligibility. Expansion in eligibility for licensing will also allow for interference protections and continues to be our core request to the FCC. TCG believes this will best serve the field as the FCC pursues reallocation of the broadcast spectrum. TCG is working closely with the Coalition of Wireless Microphone Users and the Performing Arts Alliance to draft Comments to submit to the FCC.

Please help us spread the word about the June 12th vacate deadline to any persons or organizations that use wireless microphones and alert production managers, technical directors and sound engineers to these changes. This table, found on the FCC website, should help in determining whether the wireless microphones your organization uses operate within the 700 MHz band and if they can be rebanded or will need to be replaced. Shure and Sennheiser and Sony all have information about the rebates they are offering on their respective websites. TCG may need to quickly gather information from the field to help in our ongoing advocacy efforts on this issue, so if you receive an Alert, please respond! If you have comments or questions, please contact Laurie Baskin at lbaskin@tcg.org. Visit the Legislative Issues section of website to learn more.

Arts Advocacy Day 2010 Registration Now Open

Arts Advocacy Day in D.C. is coming - April 12th and 13th. As a national co-sponsor, TCG recognizes that there are many issues that the federal government will consider this year that may affect our sector - funding for the NEA, arts education, cultural exchange - as well as regulations that will determine how hard it will be to bring in artists from abroad. We'd also like to make a strong case, once again, that jobs in our sector need to be saved or created. It is important for Members of Congress to hear from their own constituents on these issues. In addition, TCG is trying to organize a special networking reception on Sunday evening, April 11, if enough members register to participate in Arts Advocacy Day. To register and participate in Capitol Hill visits, register with Americans for the Arts. Then please RSVP to ACTivate@tcg.org by February 19 once you've registered, if you would like to attend our networking reception. Hope to see you in Washington this year!

House and Senate Approve NEA Increase for FY2010

On Thursday, October 30, 2009, both the U.S. House of Representatives and the Senate passed an increase in funding for the National Endowment for the Arts for $167.5 million in FY 2010. This appropriation is a $12.5 million increase above the current $155 million in funding. The House had previously approved a $170 million funding level, while the Senate had approved $161.3 million. The White House had originally budgeted $161 million. The final budget, reconciled in conference committee this week, was passed by a vote of 247-178 in the House and 72-28 in the Senate with President Obama expected to sign the bill shortly.

Health Care and the Arts

Both the House and the Senate have been considering various pieces of health care reform legislation. TCG urges you to contact your Senator or Member in the House of Representatives asking that the final health care reform bill address the needs of the 13 million Americans employed in the nonprofit sector. Learn more about incentives under consideration for smaller employers to provide health coverage and what you can do to help ensure that any health care reform measures provide incentives to nonprofit employers that are equivalent to those provided to for-profit employers. Further, TCG urges you to convey to your elected officials the importance of health care reform that makes affordable health insurance available to all artists, arts administrators, artisans and technicians. Individuals comprise a large sector in the theatre field, and access to affordable health coverage impacts the overall health of the field. TCG would like to make sure our members are informed and engaged in the health care reform debate as it has implications for the theatres and individuals in our field.

USCIS Multi-Venue Petition Process Update - December 2009

Arts organizations can once again file a single visa petition for artists engaged for performances at multiple venues in the United States. In response to concerns expressed by the national performing arts community, U.S. Citizenship and Immigration Services (USCIS) has reinstated the ability of a petitioner to file a single petition for artists coming to the U.S. for an itinerary of events with multiple arts organizations. Over the past two months, the Performing Arts Visa Working Group communicated with top officials at USCIS, on the Hill, and in the White House to urge a return to this practice, which is more efficient and affordable than submitting multiple visa requests for a single itinerary of performance events.

In October, USCIS issued a memo revoking the ability of a U.S.-based employer to file a single petition for artists coming to the U.S. for an itinerary of events with multiple arts organizations - unless the petitioner is “in business as an agent.” A November 20, 2009 memo now directs the USCIS service centers to accept multi-venue petitions filed by organizations that act as an agent only for the purpose of submitting a visa petition.

When seeking visa approval for an itinerary involving multiple employers or venues, the petitioner does not have to demonstrate that it normally serves as “an agent” outside of the petition process. Instead, USCIS indicates that petitioners can include a statement, signed by the various venues or employers, establishing that the petitioner is authorized to act as agent for the limited purpose of filing the petition with USCIS. We’ve posted on the Artists from Abroad website a sample form that petitioners should consider including when applying for a single visa approval on behalf of multiple venues or employers.

If an artist plans to travel to the U.S. for multiple engagements, and a single U.S. organization is submitting the visa petition, the entire petition must be carefully assembled to satisfy all USCIS requirements. Since the November memo was issued, we’ve been in communication with USCIS to seek further clarity on the petition requirements.

The Performing Arts Visa Working Group continues to seek improvements that will make the artist visa process more efficient, affordable, and reliable. These efforts are carried out in close coordination with a network of national arts organizations, including Dance/USA, American Federation of Musicians, Association of Performing Arts Presenters, League of American Orchestras, North American Performing Arts Managers and Agents, OPERA America, the Performing Arts Alliance and Theatre Communications Group.

A November 20, 2009 memo, issued by USCIS, as well as an important sample form can be found on line. Additional updated guidance prepared under the advisement of attorney Jonathan Ginsburg of FTM Arts Law, including more about how to file a visa petition, is now available on the Artists from Abroad website.

Please stay in touch with TCG to report your experiences with the artist visa process. Examples of theatre encounters with USCIS policies are essential to our ability to advocate for improvements to the visa process. How quickly was your most recent visa petition processed? Any difficulties? We ask that you please contact Laurie Baskin, Director of Government & Education Programs, at TCG and keep us informed of how the visa process is impacting your theatre’s ability to engage foreign guest artists.

NEA Leadership Changes

Please note the following new leadership at the National Endowment for the Arts: Rocco Landesman, Chairman; Joan Shigekawa, Senior Deputy Chairman; Elisabeth "Deba" Leach Arts Education Counselor to the Senior Deputy Chairman; BillO'Brien, Deputy Chairman for Grants and Awards; Patrice WalkerPowell, Deputy Chairman for States, Regions and Local Arts Agencies; Anita Decker, Director of Government Affairs; Jamie Bennett, Director of Public Affairs; in addition, Former Congressman Jim Leach is the new Chairman of the National Endowment for the Humanities.

New Appointees to the President's Committee on Arts and Humanities

President Obama has recently made several leadership appointments to the President’s Committee on the Arts and the Humanities. Writer, director and producer George Stevens, Jr. and Broadway producer Margo Lion will serve as co-chairs of the Committee and Mary Schmidt Campbell, Dean of the Tisch School of the Arts at New York University will serve as the Vice-Chair. In early August, Rachel Goslins, independent TV and film producer, was appointed as the Committee's Executive Director. The President appointed 25 members in total to the Committee on Arts and Humanities which assists in bringing together the public and private sectors to advance the non-partisan cultural objectives of the Administration.

On March 30 & March 31, 2009, TCG and other arts advocates converged in Washington, D.C., for Arts Advocacy Day

Every year TCG’s Government Programs staff and a group of theatre leaders attend Arts Advocacy Day in Washington DC. This year marked the 22nd annual gathering presented by American for the Arts, co-sponsored by TCG and 82 other arts organizations. Arts Advocacy Day gathers and empowers a broad cross section of America's cultural leaders. Hundreds of grassroots advocates participate and underscore the importance of developing strong public policies and appropriating increased funding for the arts. This year nearly 500 arts advocates from across the nation met with their representatives on Capitol Hill on March 31, calling on them to support arts-friendly legislation and policies.

Wynton Marsalis delivered the 22nd Annual Nancy Hanks Lecture, which kicked off Arts Advocacy Day events on March 30th. Arts advocacy training workshops were the focus of the events on March 30th. 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.

The day for Hill visits was March 31st.  Joining TCG staff in Washington, D.C. were Elisabeth Morten, Board President, Westport Country Playhouse, CT (TCG National Council Member); Mark Shugoll, Board President, Arena Stage now located in Crystal City, VA (TCG Board Member); Desiree Urquhart, Director of Government Relations & Corporate Development, Arena Stage, representing Molly Smith, AD, Arena Stage  (TCG Board Member); and Laura Penn, Executive Director, Society of Stage Directors and Choreographers, NY (SSDC).

The TCG delegation met with Congressman James Himes (D-CT-4), and arts staffers in the offices of Congressman James Moran (D-VA-8), Congressman Chris Van Hollen (D-MD-8), Senator Barbara Mikulski (D-MD), Senator Charles Schumer, (D-NY) and Senator Christopher Dodd (D-CT).  

 

Economic Stimulus Bill Includes $50 Million for the NEA - a Big Win for the Arts!

February 13th 2009 marked a significant victory for the arts in this country. The American Recovery and Reinvestment Act of 2009 included $50 million to preserve jobs in the non-profit arts sector to be distributed through the NEA. More information and guidelines are posted on the NEA website.

The Economic Stimulus Bill includes other federal funding streams that are available to arts organizations. Guidelines to apply for NEA grants and a summary of the additional funding opportunities can be found by linking to the Performing Arts Alliance Economic Stimulus Resource Guide.