Home Login RADIO ONLINE RSS Facebook

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.

Latest Radio Stories

Audacy Names Zach Gelb Brand Manager of 104.3 WQAM
Zach Gelb
Zach Gelb
Audacy has named Zach Gelb Brand Manager of Sports 104.3 WQAM in Miami, following the first anniversary of the station's FM launch. Gelb will oversee content strategy, talent, operations and branding, including flagship coverage of the Florida Panthers, Miami Heat, Miami Marlins and University of Miami More

iHeartMedia Denies Plans to Sell Podcast Business
iHeartMedia
iHeartMedia
iHeartMedia says it has no plans to sell its podcast business after Bloomberg reported that the company was exploring a sale of part or all of the operation to raise cash and bolster its share price. Bloomberg, citing people familiar with the matter, said iHeartMedia had held preliminary talks with More

Saga Q3 Revenue Falls 5.4% as Net Loss Widens
Saga Communications
Saga Communications
Saga Communications reported third-quarter net revenue of $26.7 million, down 5.4% from $28.2 million a year earlier. The company's net loss widened to $7.1 million from $532,000, primarily because of a $9.2 million noncash impairment charge on its FCC licenses. Saga attributed More

Bruno Mars, Kehlani Top 2026 iHeartRewind Rankings
iHeart Rewind
iHeart Rewind
Bruno Mars was iHeartRadio's most listened-to artist of 2026, while Kehlani's "Folded" was the year's top song, according to the company's annual iHeartRewind rankings. The rankings are based on total audience spins (TAS) and streams across iHeartMedia's broadcast stations and the iHeartRadio app. Mars More

Angry Audio Names Clark Novak Natural Marketing Director
Clark Novak
Clark Novak
Angry Audio has named Clark Novak Natural Marketing Director, bringing more than 40 years of broadcast and audio technology experience to the company's marketing efforts. Novak began his career on air before moving into audio technology and marketing at Telos Alliance and Lawo. He first worked with Angry More

Joe Pags Show Extends Deal With Compass Media Networks
Joe Pags
Joe Pags
"The Joe Pags Show" has signed a multiyear extension with Compass Media Networks, continuing a syndication partnership that began 10 years ago. The show airs on more than 170 stations nationwide and reaches 2 million radio listeners monthly, according to the announcement. Hosted by Joe "Pags" Pagliarulo, More

Return to Menu

Advertisement

Advertisement

Advertisement