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

Tommy Castor Named iHeart Salt Lake City President
Tommy Castor
Tommy Castor
iHeartMedia has named Tommy Castor Market President for its Salt Lake City cluster, effective immediately. Castor will oversee KAAZ-FM, KJMY-FM, KNRS-FM, KNRS-AM, KODJ-FM and KZHT-FM. In the role, he will lead the market's business strategy, revenue growth and client partnerships while overseeing the More

Nueva Network Expands Leadership, Sales Team
Jeffery Liberman
Jeffery Liberman
Nueva Network has promoted Jeffery Liberman to CEO and COO as the Spanish-language media company expands its leadership, digital capabilities and regional sales operations. In his expanded role, Liberman will help guide Nueva Network's strategic direction and operations, including its national More

Salem Media Elevates Marcus, Montijo to SVP Roles
Salem Media
Salem Media
Salem Media has promoted company veterans Autumn Marcus and Monica Montijo to expanded senior leadership roles overseeing its finance and accounting operations. Marcus has been named Senior Vice President, Finance and Strategic Planning, while Montijo has been promoted to Senior Vice President, More
Advertisement

Skyview Networks Names Liz Stillman VP of Sales
Liz Stillman
Liz Stillman
Skyview Networks has named Liz Stillman Vice President, Sales, with responsibility for network audio sales and new client development across agencies and advertisers. Stillman brings more than 25 years of media and advertising experience to the company, including expertise in network audio sales and agency More

MIW Opens 2026-27 Behind The Mic Mentorship
Behind The Mic Mentorship
Behind The Mic Mentorship
Mentoring and Inspiring Women in Radio (MIW) has opened applications for the fourth annual "Behind The Mic Mentorship," a year-long program designed to help advance the careers of emerging female on-air talent. The program is open to female personalities with at least three to five years of experience in More

Mix 100 Ends Jeremy, Katy & Josh Morning Show
Jeremy, Kate, and Josh
Jeremy, Kate, and Josh
KSE Radio has ended the "Jeremy, Katy & Josh Morning Show" on KIMN-FM (Mix 100) in Denver, with the program airing its final broadcast Tuesday. The company said the move comes as Mix 100 prepares for the next phase of its morning programming strategy. A new morning lineup will be announced soon. "We 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