Home Login RADIO ONLINE RSS Facebook
Advertisement

NAB Challeges FCC's Form 395-B as Unconstitutional


Federal Communications Commission
Federal Communications Commission

The National Association of Broadcasters (NAB) has submitted a Petition for Partial Reconsideration to the FCC, objecting to the recent decision to resume and publicize the collection of staff diversity data via Form 395-B. This form, which had been dormant for two decades, records broadcasters' employee demographics, including race, ethnicity and gender.

NAB contends that public disclosure of this data is a forced revelation of sensitive information, a violation of the First Amendment's strict scrutiny standards for compelled speech. The trade group also argues that the FCC's rationale for public disclosure-including enhancing data accuracy and promoting transparency-fails to justify the invasion of privacy and could be seen as merely a pretext.

The petition further highlights potential violations of the Fifth Amendment, suggesting that public access to such data may pressure broadcasters into preferential hiring practices to appease public or activist groups, potentially infringing on equal protection principles under the law.

Specific concerns were raised about the privacy and safety of non-binary employees, who might be subject to harassment or unwanted attention due to their demographic data being made public. NAB also challenges the FCC's authority to enforce these rules on radio stations, citing a misinterpretation of the Communications Act, which explicitly regulates television but not radio broadcasting.

As the FCC's Media Bureau awaits a review from the Office of Management and Budget under the Paperwork Reduction Act, NAB is calling for reconsideration of these requirements, proposing alternative data collection methods that respect privacy and avoid public disclosure.

The enforcement and compliance specifics for these revised data collection guidelines are pending, to be announced later by the FCC following the completion of the necessary reviews.

Advertisement

Latest Radio Stories

Michael Martin Steps Down as Alice 97.3 Brand Manager
Michael Martin
Michael Martin
Michael Martin has stepped down from his role as Brand Manager of Hot AC KLLC (Alice 97.3) in San Francisco, as he shifts his full focus to his national responsibilities with Audacy. In a memo to staff, Audacy San Francisco SVP and Market Manager Kieran Geffert said Martin will remain in the Brand More

John Terrett to Host Red Apple AM/PM Market Reports
Red Apple Audio Networks
Red Apple Audio Networks
Financial and business analyst John Terrett has been named host of the new Red Apple AM/PM Market Reports, a pair of weekday features delivering concise market analysis during morning and afternoon drive times. Airing Monday through Friday, the twice-daily More

Truth Matters with Tom Donahue & Angeline Marie to Launch
Truth Matters with Tom Donahue & Angeline Marie
Truth Matters with Tom Donahue & Angeline Marie
A new talk program, Truth Matters with Tom Donahue & Angeline Marie, will debut on Saturday, January 17, with national distribution via Salem Radio Network. The weekly show will air Saturdays from 9-10pm ET, with a rebroadcast Sundays from 1-2am ET, on the Westwood One Wegener platform (SRN4 - Truth More
Advertisement

Westwood One to Air NFL Wild Card Weekend Coverage
Westwood One Sports
Westwood One Sports
Westwood One, the official network audio partner of the National Football League, will present live play-by-play coverage of NFL Wild Card Weekend, powered by Verizon, across Saturday, January 10; Sunday, January 11; and Monday, January 12. The 2026 postseason coverage marks Westwood One's 39th More

Joe Maumee Joins KNCI Sacramento for Mornings
Joe Maumee
Joe Maumee
Bonneville Sacramento has unveiled two key on-air additions at New Country 105.1 KNCI, naming Joe Maumee as the newest co-host of mornings and bringing AJ Maguire aboard for afternoons. Beginning Monday, January 12, Maumee will join Country Radio Hall of Fame personality Pat Still and longtime co-host More

Study: Audio Creators Drive Trust, Influence, and Sales
Audacy
Audacy
A new report finds that radio and podcast hosts are playing an increasingly central role in the creator economy, with trust and authenticity driving stronger engagement and measurable results for advertisers. The State of Audio: The Creator Effect study from Audacy positions audio creators as More

Return to Menu

Advertisement

Subscribe to our Newsletter
Radio news and headlines delivered right to your e-mail box -- and it's free.

Advertisement

Advertisement