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

Will Calder Named Beasley Tampa Operations Manager
Will Calder
Will Calder
Beasley Media Group has appointed veteran programmer Will Calder as Operations Manager for its Tampa radio cluster, effective June 11. In the newly expanded role, Calder will oversee programming and brand strategy for Beasley Tampa's portfolio, including WLLD-FM (WiLD 94.1), WQYK-FM (99.5 QYK), WRBQ-FM More

iHeartMedia Named Official Media Partner of NXXT Golf
iHeartMedia and NXXT Golf
iHeartMedia and NXXT Golf
iHeartMedia and NXXT Golf have announced a major sponsorship agreement naming iHeartMedia the Official Media Partner of NXXT Golf, a deal the organizations describe as one of the largest audio sponsorship commitments ever made to women's and junior competitive golf. Under the partnership, iHeartMedia More

NAB Urges FCC to Advance AM Radio Revitalization
National Association of Broadcasters (NAB)
National Association of Broadcasters (NAB)
The National Association of Broadcasters (NAB) is pressing the Federal Communications Commission to take additional steps to support AM radio, including easing antenna efficiency requirements and expanding access to the AM expanded band, according to an ex parte filing submitted June 9. The filing More
Advertisement

Christy Brittain Joins WBBB/Raleigh for Afternoons
Christy Brittain
Christy Brittain
96.1 WBBB/Raleigh-Durham has named veteran broadcaster Christy Brittain as its new afternoon personality, adding a familiar voice with deep North Carolina radio roots to the station's on-air lineup. A Tennessee native, Brittain began her radio career at age 17 and has since worked in several markets More

103.5 The Beat Unveils New Weekday Lineup
Hip Hop WMIB-FM (103.5 The Beat)/Miami will launch a revamped weekday lineup beginning June 29, featuring a mix of local talent and nationally recognized personalities across afternoons, evenings and nights. The new schedule will feature DJ Entice in afternoons from 2-6pm, followed by the debut of More

WIRK Renews Tim Leary & Chelsea Eaton for Mornings
Tim Leary & Chelsea Eaton
Tim Leary & Chelsea Eaton
Hubbard Radio West Palm Beach has renewed morning show hosts Tim Leary and Chelsea Eaton, keeping the duo in place on WIRK-FM (New Country 103.1) as they continue to anchor the station's weekday morning program. "Tim and Chelsea are the heartbeat of New Country 103.1," said Grover Collins, Brand & 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