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

Report: Podcast Ad Spending Up 28% in Q1 2026
Magellan AI
Magellan AI
Podcast advertising spending increased 28% year-over-year during the first quarter of 2026, according to Magellan AI's newly released Podcast Advertising Benchmark Report. The report, based on analysis of more than 95,000 podcast episodes, found that while overall Q1 spending declined 7% from the fourth More

Study: Commuting Rebounds for Media Buyers
Cumulus Media | Westwood One
Cumulus Media | Westwood One
A new blog post from Cumulus Media | Westwood One's Audio Active Group says commuting among marketers, media agency executives, and average Americans continues to rebound, helping reinforce AM/FM radio's position as a dominant advertising platform for in-car listening. The report combines findings from More

Woody & Wilcox Join Mornings on WROV in Roanoke
Woody & Wilcox
Woody & Wilcox
iHeartMedia Roanoke-Lynchburg has added the syndicated "Woody & Wilcox Show" to mornings on Classic Rock 96.3 WROV. The program debuted Monday, May 18, airing weekdays from 6-10am. Originating from iHeartMedia's Charlotte studios, the show is currently heard in 20 markets across More
Advertisement

Backstage Country Launches New Podcast Series
Backstage Country Uncut
Backstage Country Uncut
A new country music podcast, Backstage Country Uncut, will debut May 29, expanding the nationally syndicated Backstage Country radio brand into long-form audio conversations with country artists. Hosted by radio personality Elaina Smith, the weekly podcast will feature extended interviews with country stars, More

Seaboard Adds Rich Appel Countdown Show
That Thing with Rich Appel
That Thing with Rich Appel
Newly launched syndication firm Seaboard Networks has added "That Thing with Rich Appel" to its programming lineup and will now distribute the weekly Classic Hits countdown show to its affiliate base worldwide. The program, hosted by radio veteran Rich Appel, currently airs on approximately 100 radio and More

iHeartMedia, P&G Launches Elton John Impact Awards
Elton John Impact Awards
Elton John Impact Awards
iHeartMedia and Procter & Gamble have announced the inaugural Elton John Impact Awards, a new audio special and podcast series honoring influential LGBTQ community members and allies. Hosted by Billy Porter and Elvis Duran, the program will debut June 1 on the iHeartRadio app, major podcast platforms, 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