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

NAB Urges FCC to Scrap Outdated Local Ownership Caps
National Association of Broadcasters (NAB)
National Association of Broadcasters (NAB)
The National Association of Broadcasters (NAB) has filed reply comments with the Federal Communications Commission urging the agency to modernize local radio and television ownership rules it says no longer reflect today's media marketplace. In its filing in the FCC's 2022 Quadrennial Regulatory Review, More

Urban One Sets 10-for-1 Reverse Stock Split
Urban One
Urban One
Urban One said its board has approved a 10-for-1 reverse stock split covering all classes of its common stock, including the publicly traded Class A and Class D shares. Stockholders had previously authorized the move on June 18, 2025, granting the board discretion on the final ratio. More

Alex Siciliano to Exit NAB Communications Role
Alex Siciliano
Alex Siciliano
National Association of Broadcasters Senior Vice President of Communications Alex Siciliano will depart the organization at the end of next week after deciding to pursue another professional opportunity. In a note shared with industry contacts, Siciliano said it had been an honor to work on behalf of More
Advertisement

97.9 WRMF's KVJ Show Unveils ''Captain Crust''
Captain Crust and Princess Pepperoni
Captain Crust and Princess Pepperoni
Jason Pennington and Virginia Sinicki of 97.9 WRMF West Palm Beach's KVJ Show have turned their on-air camaraderie into a community give-back, creating a superhero duo -- Captain Crust and Princess Pepperoni -- and launching a grassroots initiative called "The Power of Pizza." The campaign aims to More

Podcast Explores Roald Dahl's Hidden Life as Spy & Writer
The Secret World of Roald Dahl
The Secret World of Roald Dahl
iHeartPodcasts and Imagine Entertainment have announced the launch of "The Secret World of Roald Dahl," a new documentary podcast series examining the little-known personal history of one of the world's most famous children's authors. The series, from iHeartPodcasts and Imagine Entertainment, premieres More

Local Radio Drives $437B, Supports 909K U.S. Jobs
Wood & Poole Economics and BIA
Wood & Poole Economics and BIA
A new economic study finds that free, local radio remains a powerful engine of the U.S. economy, generating $437 billion in annual GDP and supporting more than 909,000 jobs nationwide, underscoring radio's role as essential infrastructure in communities across the country. The analysis, conducted by 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