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

RCS Worldwide CEO Philippe Generali to Retire Feb. 28
Philippe Generali
Philippe Generali
RCS Worldwide announced that President and CEO Philippe Generali will retire effective February 28, concluding a nearly three-decade run that helped shape the company into a global broadcast software leader. Generali will step away from day-to-day duties but remain involved for an additional 12 months as More

Hope Media Group Expands Audio Production Team
Hope Media Group
Hope Media Group
Hope Media Group has unveiled an expanded vision for its Creative Audio Team, introducing two new Director-level leadership roles as part of a broader strategy to grow its digital footprint, elevate audio storytelling, and strengthen ministry-driven content across broadcast and More

RAB, Nielsen Preview 2026 Audio Measurement Insights
The Radio Advertising Bureau (RAB)
The Radio Advertising Bureau (RAB)
The Radio Advertising Bureau (RAB) will host Nielsen for the first One Voice for Radio live presentation of 2026, offering an overview of recent audience measurement insights and what lies ahead for the coming year. The session, titled "A Look Back & A Look Ahead," will review a full year of data from More
Advertisement

Group Urges FCC to Pair Ownership Reform With LPFM Relief
FCC
FCC
The Low Power FM Advocacy Group is urging the FCC to modernize Low Power FM (LPFM) rules alongside any relaxation of broadcast ownership caps, warning that deregulation without parallel reforms would accelerate the loss of community-based radio service. In Reply Comments filed in the FCC's 2022 More

LABF Names Daniel Finn Director of Philanthropy
Daniel Finn
Daniel Finn
The Library of American Broadcasting Foundation (LABF) has appointed retired media executive Daniel Finn as its new Director of Philanthropy and Strategic Partnerships, a newly created role focused on expanding fundraising efforts and strengthening industry relationships. In the position, Finn will lead More

Laura Barron-Lopez to MC 35th First Amendment Awards
Laura Barron-Lopez
Laura Barron-Lopez
The RTDNA Foundation announced that award-winning journalist Laura Barron-Lopez will serve as Master of Ceremonies for the 35th annual First Amendment Awards on March 12 at the Watergate Hotel in Washington, DC. The First Amendment Awards recognize individuals and organizations that demonstrate 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