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

Report: Podcast Ad Spending Jumps 23% in Q2
Magellan AI
Magellan AI
Podcast advertising continued to show strong growth in the second quarter of 2026, with spending rising 23% from a year earlier and 9% from the first quarter, according to Magellan AI's latest Podcast Advertising Benchmark Report. Every month of the quarter topped the average monthly spending More

iHeartMedia Leads Podtrac July Publisher Rankings
Podtrac
Podtrac
iHeartMedia continued to dominate Podtrac's U.S. podcast publisher rankings in July 2026, while "Crime Junkie" remained the nation's top podcast based on U.S. unique monthly audience. The iHeart Audience Network ranked No. 1 among U.S. podcast publishers and networks with 55.7 million unique monthly More

Andy Pollin Exits ESPN 630 Amid Cumulus Cuts
Andy Pollin
Andy Pollin
Veteran Washington, DC sports radio personality Andy Pollin has exited WSBN-AM (ESPN 630) as part of the latest round of layoffs at Cumulus Media. Pollin had been with ESPN 630 since 2019, initially joining the station as a Sports Update Anchor during ESPN Radio's "Golic & Wingo" and as a features More
Advertisement

Lamont Hollywood Exits 107.7 The Bone Over Cuts
Lamont Hollywood
Lamont Hollywood
Longtime Bay Area radio personality Lamont Hollywood has exited KSAN-FM (107.7 The Bone) San Francisco, ending a 37-year run on the air as Cumulus Media continues a round of cutbacks and restructuring. Hollywood announced his departure in a Facebook post, attributing the move to "corporate restructuring More

Stingray Inks TuneIn Partnership with iM Media Labs
TuneIn
TuneIn
Stingray has announced a new partnership with iM Media Labs to integrate TuneIn into the iM Media Hub, expanding access to live radio, sports, news, music and podcasts in connected vehicles. The integration will make TuneIn available through the vehicle-native iM Media Hub More

K-LOVE Names Brian Sipe VP of Live Events
Brian Sipe
Brian Sipe
K-LOVE, Inc., parent company of K-LOVE and Air1, has named veteran venue executive Brian Sipe as Vice President of Live Events, effective October 5. Sipe most recently served as General Manager of Central Bank Center in Lexington, KY, which is managed by Oak View Group. His background also includes booking 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