Back in February, the Federal Communications Commission decided, by 3-2 party-line vote, to reinstate the annual requirement for broadcasters to submit Form 395-B, which collects employee data on race, ethnicity, and gender after being inactive for two decades.
The FCC’s Media Bureau announced that the associated Fourth Report and Order and the Order on Reconsideration were published in the Federal Register on May 3 and will officially take effect on June 3.
However, compliance with new or modified information collection requirements outlined in these documents will await the completion of a review by the Office of Management and Budget under the Paperwork Reduction Act. The Media Bureau will issue a subsequent Public Notice to inform the public of the compliance dates once they are established.
This move, led by FCC Chairwoman Jessica Rosenworcel, aims to provide insights into workforce diversity within the radio and television sectors.
The FCC believes that making Form 395-B filings publicly available will ensure data accuracy and meet Congressional demands for transparency. This decision rejects alternative data collection methods like the Radio Television Digital News Association diversity study and form EEO-1, asserting that the public disclosure of Form 395-B data aligns with legal standards and the Fifth Amendment’s equal protection clause.
Additionally, the Order on Reconsideration updates the FCC’s rules to explicitly prevent the use of this collected data for evaluating compliance with nondiscrimination or equal employment opportunity standards.
