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

Texas Radio Hall Names 2026 Induction Nominees
Texas Radio Hall of Fame (TRHOF)
Texas Radio Hall of Fame (TRHOF)
The Texas Radio Hall of Fame (TRHOF) has announced the 50 nominees for its 2026 induction class, with voting now open to eligible Hall of Fame members through August 10. The final ballot was selected from more than 160 broadcast professionals with ties to Texas radio who were nominated for consideration. More

Portland Radio Legend Craig Walker Dies at 80
Craig Walker
Craig Walker
Veteran Portland radio and television personality Craig Walker, whose warm on-air style made him one of Oregon's most recognizable broadcasters, died peacefully at his home on July 22. He was 80. Walker's death was announced by longtime friend and radio partner John Erickson, who praised his decades-long More

Femi Ayanbadejo Joins Afternoons at 105.7 The Fan
Femi Ayanbadejo
Femi Ayanbadejo
WJZ-FM (105.7 The Fan) in Baltimore is revamping its afternoon lineup with the launch of "The Final Drive," a new weekday sports talk show featuring former Baltimore Ravens linebacker Femi Ayanbadejo. Beginning July 29, Ayanbadejo will join Ken Weinman and Tim Barbalace as co-hosts, airing weekdays from More
Advertisement

WYPC Flips to Seaboard's Great Oldies Format
WYPC/Wellston-Jackson, OH
WYPC/Wellston-Jackson, OH
Total Media has flipped WYPC in Wellston-Jackson, OH, to Oldies using Seaboard Networks' "Good Time, Great Oldies" programming, marking the company's second format conversion with Seaboard in as many weeks. The move follows Total Media's recent launch of "Southern Ohio Gold" on More

KIRO Adds Tami Michaels Weekend Home Show
Tami Michaels
Tami Michaels
KIRO (Newsradio 97.3 FM) Seattle is expanding its weekend lineup with the addition of Inside Out with Tami Michaels, a new one-hour lifestyle and home improvement program debuting Saturday, August 8. Hosted by interior designer and licensed general contractor Tami Michaels, the show will air Saturdays from More

Connoisseur Media Reshuffles West Coast Programming
Brian ''Fig'' Figula
Brian ''Fig'' Figula
Connoisseur Media has announced a series of programming leadership changes across its West Coast radio stations following the recent expansion of 98.5 KBAY (Bay Country) in San Jose. Brian "Fig" Figula has been promoted to Regional Operations Manager for the Bay Area, overseeing Connoisseur's stations in San 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