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

Bonneville Sacramento Names Jim Richmond as SVP/MM
Bonneville International appoints Jim Richmond as Senior Vice President and Market Manager for its Sacramento cluster, overseeing KYMX (Mix 96), KZZO (Now 100.5), KNCI (New Country 105.1), and KHTK (Sactown Sports 1140). Richmond moves into the role after serving the past five years as Director of Sales for More

Ground Zero Tops Paranormal 13 Streaming Rankings
Paranormal 13
Paranormal 13
Talk Stream Live's Paranormal Radio has unveiled The Paranormal 13, its annual ranking of the most popular paranormal streaming shows, stations, and podcasts for 2025. The list highlights listener favorites across the network's Paranormal Radio platform channels and apps, where programs explore the More

All News Radio Sees Surge in Trust and Audience Growth
Audacy
Audacy
In a fractured media landscape filled with AI-generated disinformation, partisan punditry, and social media fatigue, one medium is quietly regaining trust - All News Radio. According to new Audacy Insights data, the format is experiencing a nationwide resurgence, with audiences increasingly turning to local More
Advertisement

KNAC Returns to the Airwaves With a New Era of Pure Rock
KNAC-FM
KNAC-FM
On a day devoted to the return of spirits, one of rock radio's most notorious names is being resurrected. At the stroke of midnight this Halloween -- Friday, October 31 -- the legendary KNAC call letters will roar back to life, replacing Highway Rock and igniting a new era of Pure Rock for a fresh generation More

Bustos Media Closes on Olympia's KXXO (Mixx 96.1)
Bustos Media
Bustos Media
Bustos Media Holdings, LLC has completed its purchase of KXXO-FM (Mixx 96.1) in Olympia, WA from 3 Cities, Inc. The seller, 3 Cities, Inc., is a Washington-based company led by David Rauh and Toni C. Holm. Since its launch in 1990, Mixx 96.1 has been a locally owned and operated More

''En LaMorning'' Launches on Que Onnda 87.7 in DC
WDCN (Que Onnda 87.7 FM) in Washington, DC
WDCN (Que Onnda 87.7 FM) in Washington, DC
Costa Media has debuted a new morning show, "En LaMorning," on WDCN (Que Onnda 87.7 FM) in Washington, DC, starting the day with Latin hits, engaging conversations, and laughter. Airing weekdays during morning drive, the show is hosted by Carmen Fitzgerald "La Picosa," Maria 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