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

Edison: Top Podcasts Hold Steady in Q1 2026
Edison Research at SSRS
Edison Research at SSRS
Edison Research at SSRS, has released its Top 50 Podcasts in the U.S. for the first quarter of 2026, based on reach among weekly podcast listeners ages 13 and older. The rankings from Edison Podcast Metrics show continued dominance at the top, with The Joe Rogan Experience, Crime Junkie, and The Daily More

Bob Kevoian, ''Bob & Tom'' Co-Founder, Dies at 75
Bob Kevoian
Bob Kevoian
Bob Kevoian, the longtime co-host and co-creator of The Bob & Tom Show, has died at the age of 75. According to media reports and a statement shared on social media, Kevoian passed away Friday at his home, surrounded by family and friends, following a three-year battle with cancer. Kevoian's final More

98 Rock Sacramento Unveils New Weekday Lineup
Abe Kanan
Abe Kanan
KRXQ-FM (98 Rock) in Sacramento will roll out a revamped weekday lineup beginning Monday, April 20, featuring new roles for Abe Kanan (pictured) and Michael Whitney. Kanan moves into morning drive with the launch of "Abe Kanan Mornings," airing from 6-10am PT. He previously handled afternoons at the station More
Advertisement

Broadcast Electronics Names Berry Chief Revenue Officer
Broadcast Electronics
Broadcast Electronics
Broadcast Electronics has appointed Andrew Berry as Chief Revenue Officer, marking the first time the company has created the role as it looks to expand customer engagement and global growth. Berry will oversee all customer-facing functions, including worldwide sales and service More

NPR Secures $110 Million in Major Philanthropic Gifts
NPR
NPR
NPR has received more than $110 million in philanthropic contributions, including the largest gift ever made by a living donor in the organization's history, as it looks to expand digital capabilities and strengthen its national network. Philanthropist Connie Ballmer contributed More

AOA Expands With New Weekend Edition Launch
Agriculture of America (AOA)
Agriculture of America (AOA)
Farm and Ranch Media has announced it will expand its radio lineup with a weekend edition of its syndicated talk program, "Agriculture of America" (AOA), beginning May 1. The new "AOA: Weekend Edition" builds on the weekday show, which launched in 2018 and is now heard on more 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