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

Pat Paxton to Exit Saga Communications as SVP/Content
Pat Paxton
Pat Paxton
Saga Communications Senior VP of Content Pat Paxton will exit the company at the end of August, with two of the broadcaster's local programming executives set to take over his responsibilities. Paxton will remain with Saga through Friday, August 28 to assist with the transition. Ocala, FL OM Scott Chase and More

Declan Moore Named President of Hubbard DC
Declan Moore
Declan Moore
Hubbard | Media That Connects has named Declan Moore President and Market Manager of its Washington, DC operations, overseeing WTOP, Federal News Network and the local office of 2060 Digital. Moore succeeds longtime Hubbard Washington executive Joel Oxley and joins the company after most recently serving More

SportsTalk 790 Revamps Houston Weekday Lineup
Matt Thomas and Ross Villarreal
Matt Thomas and Ross Villarreal
KBME-AM (SportsTalk 790) Houston will roll out a revamped weekday lineup on August 24, moving Matt Thomas and Ross Villarreal to mornings and Dan Mathews to middays. Thomas and Villarreal will take over the 6-10am slot, bringing their established pairing to morning drive. Mathews will shift to 10am-2pm. More
Advertisement

Mike Mulligan, Marshall Harris Exit The Score Chicago
Mike Mulligan and Marshall Harris
Mike Mulligan and Marshall Harris
Audacy Sports' WSCR (104.3 The Score) Chicago has parted ways with longtime morning host Mike Mulligan and midday host Marshall Harris as part of programming changes at the sports outlet. Mulligan exits after more than 23 years with The Score, including 18 years in morning drive. He had co-hosted "Mully More

GAB Names 2026 Honors Award Recipients
Georgia Association of Broadcasters (GAB)
Georgia Association of Broadcasters (GAB)
The Georgia Association of Broadcasters has announced the recipients of its 2026 GAB Honors Awards, which will be presented during GABCON, September 25-26 at the Gas South District Convention Center in Duluth, GA. This year's honorees are Savannah Bananas founder Jesse Cole as Georgian of the Year, State More

Salem Media Goes Private Following WaterStone Deal
Salem Media
Salem Media
Salem Media has completed its acquisition by The Christian Community Foundation, Inc., doing business as WaterStone, taking the Christian and conservative media company private. WaterStone acquired all outstanding shares of Salem Media common stock for $1 per share, representing approximately a 250% premium 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