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

Skyview Networks Completes Ownership Transition
Steve Jones
Steve Jones
Skyview Networks has completed an ownership transition, with President and CEO Steve Jones assuming full leadership of the company, effective immediately. In a companywide message, Jones said the move strengthens Skyview's long-term direction while maintaining continuity in its operations and strategic More

Radio's Reach, ROI Challenge "Dead" Narrative
Spotset Media Network
Spotset Media Network
A new commentary from media executives Howard Robertson and Ryan Robertson argues that reports of radio's demise are overstated, citing strong audience reach and return on investment despite lingering perception challenges among marketers. According to data from Nielsen, radio More

Wirthlin Named Market Manager for Cumulus SLC
Joyce Wirthlin
Joyce Wirthlin
Cumulus Media has appointed Joyce Wirthlin as Vice President/Market Manager for its Salt Lake City operations. In the role, Wirthlin will oversee a portfolio of five stations and associated digital assets, including KBEE-FM (B98.7), KBER-FM, KENZ-FM-KHTB-FM (Power 94.9/101.9), KKAT-AM, and KUBL-FM (93.3 The More
Advertisement

Andrew Festo Promoted to VP of Events at iHeart NY
Andrew Festo
Andrew Festo
iHeartMedia New York has promoted Andrew Festo to Vice President of Events and Experiences, effective immediately, as the company continues to expand its focus on live and experiential programming. In his new role, Festo will lead the strategy, development and execution of franchise events across the More

MediaCo Revenue Jumps 18% in Fourth Quarter
MediaCo
MediaCo
MediaCo Holding Inc. reported a 17.9% increase in fourth quarter revenue, driven by continued digital growth and contributions from its Estrella Media acquisition, while posting a wider net loss for the period. For the quarter ended December 31, 2025, revenue rose to $38.7 More

Candace Dold Joins WPOC Baltimore Morning Show
Candace Dold
Candace Dold
iHeartMedia Baltimore's 93.1 WPOC has named Candace Dold co-host of its new weekday morning program, "Michael J & Candace In The Morning," effective immediately. Dold will be heard weekdays from 6-10am alongside Michael J, who is set to be inducted into the Country Radio Hall of Fame in 2026. She will report 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