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

WLYF Miami Unveils New Weekday On-Air Lineup
Ashley O. and Jess Bonilla
Ashley O. and Jess Bonilla
AC WLYF-FM (101.5 Lite FM) in Miami has announced a new weekday lineup following the retirement of longtime personality Gayle Garton, with Ashley O. moving into middays and Jess Bonilla taking over afternoons. Ashley O. has also been named Music Director and will host from 10am-3pm ET. More

R Dub! Launches 'Greetings from Slowjamastan' Series
R Dub! (photo credit: Darrell Cornett)
R Dub! (photo credit: Darrell Cornett)
Radio veteran Randy "R Dub!" Williams is taking his self-declared Republic of Slowjamastan to the screen with the launch of a new unscripted comedy series, "Greetings from Slowjamastan." The series premieres Thursday, August 27 at 5pm PT on Slowjamastan State Television's YouTube channel, with new episodes More

Disney, ABC Sue FCC Over Early License Renewals
ABC
ABC
The Walt Disney Co. and ABC have filed a federal lawsuit against the FCC seeking to halt an accelerated license renewal process for eight ABC-owned television stations, alleging the agency is using its regulatory authority to retaliate against the network over its programming and editorial decisions. The More
Advertisement

Aiir Scheduler Adds Automatic Music Log Scheduling
Aiir
Aiir
Aiir has added automatic music log scheduling and exporting to Aiir Scheduler, its web-based music scheduling platform, allowing radio stations to generate and deliver music logs to their playout systems without daily staff intervention. The new functionality enables stations to automatically create and More

The Yacht Club Adds First International Affiliate
The Yacht Club
The Yacht Club
"The Yacht Club with Meredith Marx" is expanding its affiliate roster, adding several U.S. stations along with its first international outlet in the Cayman Islands. Recent additions to the three-hour weekly Yacht Rock program include WEBR Niagara Falls/Buffalo, NY; WGFT Youngstown, OH; WFRT/WKYL More

''Scam Goddess'' Joins iHeart, Big Money Players
''Scam Goddess''
''Scam Goddess''
Comedy podcast "Scam Goddess" is joining iHeartMedia and Will Ferrell's Big Money Players podcast network while expanding into full-length video episodes for the first time. Hosted by comedian Laci Mosley, "Scam Goddess" explores fraud, scams, robberies, rackets and other schemes with a comedic approach 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