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

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

Trusty Highlights Broadcasters' Public Interest Role
FCC Commissioner Olivia Trusty
FCC Commissioner Olivia Trusty
At the NAB Show 2026, FCC Commissioner Olivia Trusty outlined her vision for how broadcasters can fulfill the long-standing "public interest" standard, emphasizing localism, accountability and the need for updated policies in a rapidly evolving media landscape. In remarks titled "Finding the Angel of the More

Aaron Miller Returns to CMG Tampa as Director of Sales
Aaron Miller
Aaron Miller
Cox Media Group (CMG) Tampa has named Aaron Miller Director of Sales, marking his return to the organization. Miller rejoins CMG from Audacy and previously worked with CMG Tampa, where the company says he developed strong ties to the local market and client base. In his new role, Miller will oversee the More
Advertisement

Westwood One Blog Outlines AI Best Practices
Cumulus Media | Westwood One
Cumulus Media | Westwood One
A new blog post from Cumulus Media's Westwood One Audio Active Group highlights how local advertisers can more effectively use artificial intelligence tools to guide media planning and buying decisions. Authored by Cumulus Operations President Bob Walker, the piece emphasizes that AI platforms require a More

Talent Farm Adds Five New 24/7 Radio Formats
Talent Farm
Talent Farm
Talent Farm has expanded its syndication portfolio with the launch of five new 24/7 radio formats, offering affiliates additional programming options across multiple high-demand music genres. The new formats -- "The Harbor" (Yacht Rock & Smooth Classics), "The Coast" (Classic Alternative), "The Boombox" More

KUNV/LAs Vegas Marks 45 Years, Nears $45K Drive Goal
KUNV-FM/Las Vegas
KUNV-FM/Las Vegas
KUNV 91.5 FM in Las Vegas is celebrating its 45th anniversary, highlighting decades of student-driven broadcasting while nearing its fundraising goal during its Spring Membership Drive. The station, licensed to University of Nevada, Las Vegas, is approaching its $45,000 target, boosted by a special live 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