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

Radio, Podcasts Dominate Ad-Supported Audio Time
Nielsen
Nielsen
Radio and podcasts continued to dominate ad-supported audio consumption in the first quarter of 2026, accounting for 82% of all daily ad-supported listening time, according to Nielsen's latest edition of The Record, produced in partnership with Edison Research. The quarterly More

Nicole Humphrey Named LPM VP of Development
Nicole Humphrey
Nicole Humphrey
Louisville Public Media (LPM) has appointed Nicole Humphrey as Vice President of Development, effective June 8. Humphrey joins LPM from The Nature Conservancy, where she served as Associate Director of Development for Kentucky for the past five years. She brings more than 12 years of nonprofit fundraising More

Rose Named President & CEO of Washington Broadcasters
Jim Rose
Jim Rose
The Washington State Association of Broadcasters (WSAB) has named veteran media executive Jim Rose as its new President and CEO, effective June 15. Rose brings more than 30 years of broadcasting and media leadership experience to the role, having served in senior executive positions at major-market More
Advertisement

John Kincade to Exit 97.5 Fanatic Morning Show in July
John Kincade
John Kincade
WPEN (97.5 The Fanatic) Philadelphia has announced that longtime sports radio host John Kincade will leave the station's morning show at the end of July. Kincade's final broadcast on the "Kincade & Salciunas Morning Show" will air on Friday, July 31. Following his departure, Andrew Salciunas will continue More

NYPR Elevates Three to Key Leadership Posts
New York Public Radio (NYPR)
New York Public Radio (NYPR)
New York Public Radio (NYPR) has promoted three longtime leaders to expanded editorial and creative roles as the organization continues to grow its multi-platform news, podcasting, live event and cultural programming initiatives. NYPR President and CEO Christy Tanner announced More

Blair Garner Joins KGNC in Amarillo for Afternoons
Blair Garner
Blair Garner
Connoisseur Media has added Hall of Fame broadcaster Blair Garner to the lineup at Country 97.9 KGNC in Amarillo, where he will host afternoons weekdays from 3-7pm. Garner brings nearly three decades of syndicated Country radio experience to the station and returns to the Texas Panhandle, where he grew up 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