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

Radio Hall of Fame Opens 2026 Nomination Process
Radio Hall of Fame
Radio Hall of Fame
The Museum of Broadcast Communications has announced that the Radio Hall of Fame Nominating Committee will begin accepting suggestions for the 2026 induction class starting Sunday, February 1. The nomination window will remain open through Tuesday, March 31 at 11:59pm PT. More

FCC Codifies Foreign Ownership Review Rules
Federal Communications Commission (FCC)
Federal Communications Commission (FCC)
The Federal Communications Commission (FCC) has formally codified its foreign ownership review requirements, aiming to preserve national security safeguards while providing clearer, more consistent guidance for foreign investment in FCC-licensed entities. Adopted by Report and Order on January 29, the More

105.1 The Fan Named New Radio Home of Portland Timbers
KRSK-FM (105.1 The Fan) Portland OR
KRSK-FM (105.1 The Fan) Portland OR
KRSK-FM (105.1 The Fan) has been named the new flagship radio home of the Portland Timbers under a new partnership with Audacy in Portland, OR. As part of the agreement, Timbers matches will air across the FAN Sports Network on 105.1 FM and 1080 AM, with many games simulcast on both More
Advertisement

K-LOVE Closes on Purchase of Two Milwaukee FM Stations
K-Love
K-Love
K-LOVE, Inc. has completed the acquisition of 16kW AC WLDB-FM (93.3) and 8.8 kW Alternative WLUM-FM (102.1) from Milwaukee Radio Alliance, LLC for $4 million. The seller, Milwaukee Radio Alliance, LLC (MRA), is a Wisconsin-based limited liability company led by acting CEO Diane Sutter. MRA continues to More

FOX Sports Radio Sets 26th Annual Super Week Coverage
FOX Sports Radio
FOX Sports Radio
FOX Sports Radio will deliver wall-to-wall Super Week coverage beginning Monday, February 2, as the network marks its 26th year of programming tied to the NFL's biggest event. FOX Sports Radio will offer 24/7 coverage before, during, and after the Big Game in Santa Clara, CA, featuring interviews with More

''The Real Story'' Expands to Weekdays on AM 560 The Answer
Jeanne Ives and Amy Jacobson
Jeanne Ives and Amy Jacobson
Salem Media has announced that "The Real Story," hosted by Jeanne Ives, will expand to a weekday time slot on WIND-AM (AM 560 The Answer) in Chicago. The program will air Monday through Friday from 11am-12pm CT beginning February 2, with longtime Chicago broadcaster Amy Jacobson joining as co-host. Since 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