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

Todd Violette Named OM for Connoisseur Palm Springs
Connoisseur Media
Connoisseur Media
Connoisseur Media appoints Todd Violette as Operations Manager for its Palm Springs cluster, succeeding Dax Davis, who was recently promoted to Director of Sales for Connoisseur Media in San Antonio. In his new role, Violette will oversee the 8-station cluster there and will directly program KDES (98.5 The More

105.3 The Breeze Brings Holiday Cheer to Hampton Roads
WNOH (105.3 The Breeze)/Norfolk
WNOH (105.3 The Breeze)/Norfolk
iHeartMedia Norfolk will flip WNOH (105.3 The Breeze) to holiday music, bringing nonstop festive cheer to the Hampton Roads area. Beginning at midnight on November 1, the station will feature round-the-clock holiday favorites from artists including Mariah Carey, Paul McCartney, and Bing More

Radio HoF Inducts 2025 Class of Honorees in Chicago
Radio Hall of Fame
Radio Hall of Fame
The Radio Hall of Fame inducted its 2025 class of honorees on Thursday, October 30 at the 2025 Radio Hall of Fame induction ceremony and dinner at the Swissotel Hotel Chicago. 2021 Radio Hall of Fame Inductee, Kim Komando was Master of Ceremonies for the event, with Radio Hall of More
Advertisement

CPB Reaffirms Independence Amid NPR Funding Dispute
Corporation for Public Broadcasting (CPB)
Corporation for Public Broadcasting (CPB)
The Corporation for Public Broadcasting (CPB) says it remains committed to protecting the independence of public media as it continues operating under "extraordinary circumstances" while winding down its activities. In a message to the public media system, CPB President and CEO More

Burtscher Named Nashville OM for ''Katie & Company''
Andrea Burtscher
Andrea Burtscher
Audacy has elevated Andrea Burtscher to Nashville Operations Manager for its syndicated "Katie & Company" show, hosted by ACM Award winner and CMA Award finalist Katie Neal. In her new role, Burtscher will oversee local studio operations and production for the show, while continuing to support national More

Mix Maine Media Acquires Bangor Rocker WKIT-FM
Mix Maine Media
Mix Maine Media
Mix Maine Media, led by owner and president Jay Hanson, has announced the purchase of Bangor's Rock WKIT (100.3) from Rock Lobster Radio LLC. The company will begin operating WKIT on November 1 under a Local Marketing Agreement (LMA), with FCC approval expected 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