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

Declan Moore Named President of Hubbard DC
Declan Moore
Declan Moore
Hubbard | Media That Connects has named Declan Moore President and Market Manager of its Washington, DC operations, overseeing WTOP, Federal News Network and the local office of 2060 Digital. Moore succeeds longtime Hubbard Washington executive Joel Oxley and joins the company after most recently serving More

SportsTalk 790 Revamps Houston Weekday Lineup
Matt Thomas and Ross Villarreal
Matt Thomas and Ross Villarreal
KBME-AM (SportsTalk 790) Houston will roll out a revamped weekday lineup on August 24, moving Matt Thomas and Ross Villarreal to mornings and Dan Mathews to middays. Thomas and Villarreal will take over the 6-10am slot, bringing their established pairing to morning drive. Mathews will shift to 10am-2pm. More

Salem Media Goes Private Following WaterStone Deal
Salem Media
Salem Media
Salem Media has completed its acquisition by The Christian Community Foundation, Inc., doing business as WaterStone, taking the Christian and conservative media company private. WaterStone acquired all outstanding shares of Salem Media common stock for $1 per share, representing approximately a 250% premium More
Advertisement

Court Denies Nielsen Rehearing Bid in Cumulus Case
Nielsen and Cumulus Media
Nielsen and Cumulus Media
The U.S. Court of Appeals for the Second Circuit has denied Nielsen's request for rehearing in its legal battle with Cumulus Media, leaving intact the court's earlier ruling in favor of the broadcaster. In a one-page order issued August 18, the court denied Nielsen's petition for both panel rehearing and More

K-Love Names Evan Masyr as Chief Financial Officer
Evan Masyr
Evan Masyr
K-Love Inc. has appointed longtime Salem Media Group executive Evan Masyr as Chief Financial Officer, effective September 14. He will oversee the nonprofit media organization's accounting, finance and tax departments and serve on its Ministry Leadership Team. Masyr joins K-Love after more than 26 years More

Joel Oxley to Receive NAB National Radio Award
Joel Oxley
Joel Oxley
Hubbard Radio Washington, DC President and General Manager Joel Oxley will receive the 2026 NAB National Radio Award, recognizing his more than three decades of leadership in the radio industry. The NAB announced the honor Thursday on National Radio Day. Oxley will receive the award during the 2026 NAB 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