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

Townsquare Q3 Revenue Rises 3.9%, Suspends Dividend
Townsquare Media
Townsquare Media
Townsquare Media reported third-quarter net revenue of $110.9 million, up 3.9% from $106.8 million a year earlier, as digital advertising growth and political spending offset weakness in its subscription digital marketing business. The company also announced it is suspending its quarterly More

Xperi Q3 Revenue Rises 2.2%, AutoStage Expands Reach
Xperi
Xperi
Xperi reported third-quarter revenue of $114 million, up 2.2% from $111.6 million a year earlier, as growth in advertising and related revenue helped double its Media Platform revenue. The company also expanded its DTS AutoStage broadcaster services and reported additional automotive More

Audio, Video Podcasts Serve Different Listener Needs
Edison Research at SSRS
Edison Research at SSRS
Audio and video podcasts play complementary roles in consumers' routines, with 70% of monthly podcast consumers reporting that they both listened to audio-only podcasts and watched video podcasts in the past month, according to new research from Edison Research at SSRS, SiriusXM Media and Publicis Media. More

Chicago's 93.9 LITE FM Sets Christmas Flip for Nov. 5
WLIT (93.9 LITE FM) in Chicago
WLIT (93.9 LITE FM) in Chicago
iHeartMedia's WLIT (93.9 LITE FM) in Chicago will begin around-the-clock holiday music November 5 at 3pm, marking its 26th year as Chicago's Christmas station. Station personalities Melissa Forman, Producer Jim, Robin Rock and Mick Lee, along with Edison the Reindeer, will host a More

CT40 Sets Holiday Specials With Fitz, Lauren Alaina
Country Top 40 with Fitz
Country Top 40 with Fitz
"Country Top 40 with Fitz" and syndication partner Skyview Networks have announced two holiday specials, including a Christmas program co-hosted by country artist Lauren Alaina and a countdown of the biggest country songs of 2026. "Deck the Hits with Lauren and Fitz" will be available for the weekend of More

MaxxKonnect Acquires FCCInfo.com, Keeps Searches Free
MaxxKonnect
MaxxKonnect
The MaxxKonnect Group has acquired FCCInfo.com from Cavell, Mertz & Associates, assuming ownership and operation of the FCC database and mapping service used by broadcast engineers, consultants and station operators. Financial terms were not disclosed. MaxxKonnect plans to More

Return to Menu

Advertisement

Advertisement

Advertisement