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

94.9 The Bull Names Ashley Layfield as Program Director
Ashley Layfield
Ashley Layfield
iHeartMedia Atlanta has announced two leadership additions at Country WUBL (94.9 The Bull), appointing Ashley Layfield as Program Director and Corey Calhoun as afternoon host. "These are two of the most exciting additions we've made to the Bull in recent years," said Jill Strada, Executive Vice President More

RAB Highlights Growing Power of In-Car Media
Radio Advertising Bureau (RAB)
Radio Advertising Bureau (RAB)
The Radio Advertising Bureau (RAB) is spotlighting the continued strength of AM/FM radio in the automotive environment, arguing that advances in connected vehicle technology are making in-car media more engaging, measurable, and valuable for marketers than ever before. In a new thought leadership article More

Complex Named Brand Manager of Live 101.5 in Phoenix
Ben 'Complex' Romero
Ben 'Complex' Romero
Audacy has promoted Ben 'Complex' Romero to Brand Manager of KALV-FM (Live 101.5) in Phoenix. In his new role, Romero will oversee the station's content strategy, talent, operations and branding. He will continue to serve as Brand Manager for KUDL-FM (106.5 The End) and 102.5 KSFM in Sacramento. "We are More
Advertisement

Salem Elevates Young, Reisman to New Leadership Roles
Linnae Young
Linnae Young
Salem Media has announced expanded leadership responsibilities for two longtime executives, promoting Linnae Young (pictured) and Jeff Reisman to corporate leadership positions, effective October 1. Young will assume the role of President of Broadcast Media while continuing to serve as Chief Revenue Officer. More

John Beck Joins Media Services Group as Managing Dir.
John Beck
John Beck
Media Services Group has expanded its brokerage leadership team with the appointment of veteran broadcaster John Beck as Managing Director. Beck brings more than 40 years of experience spanning radio management, ownership, sales, programming, consulting, government relations, industry leadership and More

Urban One Extends CFO Peter Thompson Through 2029
Urban One
Urban One
Urban One has entered into a new employment agreement with Executive Vice President and Chief Financial Officer Peter D. Thompson, extending his tenure with the company through January 6, 2029. The agreement was disclosed in a Form 8-K filing with the Securities and Exchange 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