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

Kim Bindel Joins WGTS Mornings in Washington DC
Kim Bindel
Kim Bindel
Christian Contemporary WGTS (91.9) Washington, DC has named veteran broadcaster Kim Bindel as the new co-host of its morning show alongside Jerry Woods. Bindel will succeed Summer Shepherd, who moved to afternoons in April. Claude Jennings, who has been serving as interim co-host, will return to his regular More

Steinem, Richards to Receive Gracies Torch Award
Alliance for Women in Media Foundation (AWMF)
Alliance for Women in Media Foundation (AWMF)
The Alliance for Women in Media Foundation (AWMF) will honor activist and author Gloria Steinem and producer, writer, and activist Amy Richards with the inaugural Gracies Torch Award during the 51st Annual Gracie Awards Luncheon on June 16 in New York City. The new award, created More

Westwood One Set for College World Series Finals
Westwood One Sports
Westwood One Sports
Westwood One and the NCAA Radio Network will once again provide live national radio coverage of the NCAA Division I Men's College World Series Championship Finals from Charles Schwab Field in Omaha, NE. Coverage of the best-of-three championship series begins Saturday, June 20, at 7:45pm ET, with every More
Advertisement

Futuri Unveils TopLine Enterprise Platform
Futuri
Futuri
Futuri has launched TopLine Enterprise, a new revenue intelligence platform designed to help media sales organizations automate key parts of the sales process, reduce administrative workloads, and accelerate revenue growth. Announced Wednesday from Austin, TX, the platform More

Chumley Joins WQIK's ''The Big Show'' Mornings
Chumley
Chumley
Jacksonville's New Country 99.1 WQIK has expanded its morning team with the addition of Chumley, who joins "The Big Show" alongside John, Megan and Froggy, airing weekdays from 5-10am, effective immediately. "Adding Chumley to 'The Big Show' was a no-brainer," said Casey Carter, Program Director for More

RightLine Adds WDBO, WHIO in National Expansion
RightLine
RightLine
Syndicated weekend talk program "RightLine with Drew Steele" has expanded its national reach with the addition of two new affiliates, WDBO in Orlando, FL and WHIO in Dayton, OH. The live weekend program, which airs Saturdays from 4-6pm ET, is an extension of Steele's Florida's Voice 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