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

Cumulus Names Bill Smith VP/Market Mgr in Oxnard
Bill Smith
Bill Smith
Cumulus Media has appointed William E. "Bill" Smith as Vice President and Market Manager for its Oxnard-Ventura, CA, operations. Smith joins Cumulus from American General Media, where he served as General Manager of its Bakersfield stations. His previous experience includes roles as Local Sales Manager for More

Gator Harrison Named K-LOVE Chief Media Officer
Gator Harrison
Gator Harrison
K-LOVE has named Gator Harrison as Chief Media Officer, overseeing the K-LOVE and Air1 radio networks, as well as live events and partnerships. Harrison joins the organization after a nearly 40-year career in radio, most recently serving as Senior Vice President of Programming at iHeartMedia. His background More

S&P: Podcast Listening Jumps as Video Drives Growth
S&P Global Market Intelligence
S&P Global Market Intelligence
Podcast consumption in the U.S. continues to expand, with nearly 60% of online adults now reporting they listen to podcasts, according to a new analysis from S&P Global Market Intelligence. The report shows a 10-percentage-point increase in early 2026, driven in part by the growing influence of video podcast More
Advertisement

Bleav Adds Alvarez, Waller to Ad Leadership
Maryann Alvarez and Gretchen Waller
Maryann Alvarez and Gretchen Waller
Bleav has expanded its advertising leadership team with the hiring of Maryann Alvarez (far left) and Gretchen Waller as Directors of Partnerships. Alvarez and Waller will be responsible for developing partnerships with brands and agencies, while driving sponsorship, advertising More

Bazi Kanani Named Host of CPR's Morning Edition
Bazi Kanani
Bazi Kanani
Colorado Public Radio (CPR) has named Bazi Kanani as the new local host of its weekday broadcast of Morning Edition. Kanani, who joined CPR in 2024 as a host and reporter, will begin her new role April 27, airing weekdays from 4-9am. Kanani said the program has long been part of her daily routine, adding More

Ruth Presslaff Named MIW 2026 Trailblazer
Ruth Presslaff
Ruth Presslaff
Mentoring and Inspiring Women in Radio has named Ruth Presslaff as the recipient of its 2026 Frances Preston Trailblazer Award, recognizing her leadership and long-standing contributions to advancing women in radio. The honor, MIW's highest accolade, was presented during the NAB Show 2026 on April 20. 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