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

iHeartMedia Expands Amazon Ads Partnership
iHeartMedia
iHeartMedia
iHeartMedia has expanded its advertising relationship with Amazon Ads, giving advertisers broader access to Amazon's audio and video inventory while adding Amazon's first-party shopping and streaming signals to iHeartMedia's digital platforms. Under the expanded agreement, iHeartMedia will serve as a More

John Kincade Returns to Dickey Broadcasting
John Kincade
John Kincade
Veteran sports radio personality John Kincade is returning to Dickey Broadcasting Company under a new long-term agreement, reuniting with the Atlanta-based broadcaster where he spent two decades as one of the market's most recognizable voices. Kincade previously co-hosted the longtime "Buck & Kincade" More

FCC Adopts EAS Cybersecurity, Modernization Rules
Federal Communications Commission (FCC)
Federal Communications Commission (FCC)
The Federal Communications Commission has adopted new rules aimed at strengthening the cybersecurity of the nation's Emergency Alert System (EAS) while launching a broader effort to modernize both EAS and Wireless Emergency Alerts (WEA). Approved Thursday, the Report and Order requires EAS participants More
Advertisement

AM/FM Radio Dominates Audio Among Nissan Drivers
Cumulus Media and Westwood One
Cumulus Media and Westwood One
AM/FM radio continues to dominate audio listening among Nissan drivers, according to a new Cumulus Media | Westwood One Audio Active Group blog that cites newly released Q1 2026 data from Edison Research's "Share of Ear" study. The report, authored by Pierre Bouvard, says Nissan owners spend 86% of their More

Doc Reno Exits iHeart's BIG 105.9 After 24 Years
Doc Reno
Doc Reno
Longtime Miami air personality Doc Reno has exited iHeartMedia's Classic Rock WBGG-FM (BIG 105.9)/Miami after 24 years in afternoon drive. Reno had hosted afternoons on BIG 105.9 since joining the station in July, 2002. In addition to his local role, he has been heard nationally since 2009 as host of the More

Sonja Morrell Takes Middays at 106.9 The Fox Norfolk
Sonja Morrell
Sonja Morrell
Hampton Roads Media Group has named longtime team member Sonja Morrell as midday host & content creator for Classic Rock WAFX (106.9 The Fox) in Norfolk-Virginia Beach, VA. Morrell succeeds Mike Arlo, who held the midday post until his passing in June following a brief illness. A familiar voice to 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