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

Connoisseur Media Closes MO, MN, SD Station Sales
Connoisseur Media
Connoisseur Media
Connoisseur Media has completed the sale of multiple radio outlets in Missouri, Minnesota and South Dakota, transferring the properties to regional broadcast operators in three separate transactions brokered by Kalil & Co., Inc. The largest deal involves the sale of 17 stations and translators across More

2026 NAB Show Expands Sports Summit to Four Days
NAB Show
NAB Show
The 2026 NAB Show will expand its Sports Summit to four days, bringing together leaders from professional leagues, teams, media companies and technology firms to examine the evolving business of sports media. The NAB Show runs April 18-22, with exhibits open April 19-22 at the Las Vegas Convention More

Sean Spicer Launches Sunday Show on WABC New York
Sean Spicer
Sean Spicer
WABC Radio is adding a new voice to its weekend lineup with the debut of Full Court Press with Sean Spicer, premiering Sunday from 10-11am. Spicer, the former White House Press Secretary and longtime Republican political strategist, will host the weekly program focused on national politics and current More
Advertisement

Veteran L.A. Personality Uncle Joe Benson Dead at 77
Uncle Joe Benson (Photo Credit: Michael Schwartz)
Uncle Joe Benson (Photo Credit: Michael Schwartz)
Veteran Los Angeles radio personality Uncle Joe Benson, whose distinctive baritone became a staple of Southern California rock radio for decades, has died at 77 following a battle with Parkinson's Disease. News of his passing was shared via the Facebook page for his program, "Uncle Joe's Garage," just More

Star 92.9 Burlington VT Adds Adri Stuhr to Afternoons
Adri Stuhr
Adri Stuhr
WEZF-FM (Star 92.9) Burlington VT has announced that Adri Stuhr, most recently middays at WKKW in Morgantown, WV is packing up and moving north to join the Vox AM/FM outlet as afternoon talent, weekdays from 2-7pm. Stuhr's previous stops include Midwest Communications in Duluth, KMVR & KGRT in La Cruces, NM More

Noiser Launches ''Real Vikings'' Podcast
Real Vikings
Real Vikings
Podcast network Noiser is expanding its slate of historical programming with the launch of Real Vikings, a new 10-episode series narrated by Iain Glen. The series premieres March 10. Best known for roles in Game of Thrones and Downton Abbey, Glen lends his voice to the series, which explores the historical 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