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

iHeartMedia Names Lainie Fertick Chief Insights Officer
Lainie Fertick
Lainie Fertick
iHeartMedia has promoted Lainie Fertick to the newly created position of Chief Insights Officer, placing her in charge of insights initiatives across the company and adding her to its Strategic Communications (StratCom) leadership team. The appointment was announced in an internal memo from iHeartMedia More

Radio Hall of Fame Inducts Eight in Class of 2026
Radio Hall of Fame
Radio Hall of Fame
The Radio Hall of Fame welcomed eight new members during its 2026 induction ceremony and dinner Thursday, October 8, at the Fairmont Chicago, Millennium Park, recognizing broadcasters and industry executives whose careers have made significant contributions to radio. The Class of More

Veteran Broadcast Engineer John Bisset Dies at 73
John Bisset
John Bisset
John Bisset, a longtime broadcast engineer, industry educator and author of Radio World's popular "Workbench" column, has died following a period of illness. He was 73, according to Radio World, which reported his passing October 8. Bisset spent 55 years in broadcasting, building a career that included More
Advertisement

Emily Exits WDJX Louisville After Four Years
Emily Mahurin
Emily Mahurin
Emily on the Radio (aka Emily Mahurin) is departing Connoisseur Media's CHR WDJX-FM (99.7 DJX) in Louisville after four years in afternoon drive to pursue a career opportunity outside the radio industry. Mahurin announced her departure in an Instagram post, reflecting on her decision to relocate to More

Benztown Produces Tribute to NFL Legend Mike Ditka
Benztown Tribute to Mike Ditka
Benztown Tribute to Mike Ditka
Benztown has produced an audio tribute honoring legendary NFL player and coach Mike Ditka, who died Friday, October 9, at age 86. The tribute was voiced by Darren Silva and written and produced by Thomas Green. Ditka, one of professional football's most recognizable personalities, was best known for More

BIA Forecast Sees Radio Digital Growth in 2027
BIA Advisory Services
BIA Advisory Services
Local radio advertising revenue is projected to decline in 2027 as political spending subsides, but continued digital growth and opportunities in key advertiser categories offer reasons for optimism, according to BIA Advisory Services. In a post on the Radio Advertising Bureau's (RAB) "This is Radio" 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