It’s been half a year since the FCC voted to bring back Form 395-B, which collects employee data on race, ethnicity, and gender, after being inactive for two decades. Now the start date for the controversial practice has been halted on a technicality.
The FCC’s Media Bureau was tasked with issuing a Public Notice detailing the electronic filing process before broadcasters were required to submit their data, originally set for a September 30 deadline. However, this notice has not yet been published, leading to the suspension of data collection.
As for when employee data collection will begin, the FCC only stated, “The Bureau will provide broadcasters ample time to put into place whatever data collection processes they require prior to the first filing deadline, consistent with the Fourth Report and Order.” Despite the indefinite delay, the Public Notice mentioned that this in no way alters the legal effect of its previous actions regarding the form.
Form 395-B is the subject of three petitions for review in a federal appeals court from the National Religious Broadcasters, joined by the American Family Association and the Texas Association of Broadcasters. Each seeks a joint stay of the rule.
Outside of the courts, the NAB has challenged the FCC’s reintroduction by filing a Petition for Partial Reconsideration. The NAB argues that this requirement infringes on broadcasters’ First and Fifth Amendment rights by compelling them to publicly disclose sensitive employee demographic information. For one, this has raised concerns about the privacy and safety of non-binary employees.
The NAB suggests that the FCC explore alternative data collection methods that do not involve public disclosure to protect individual privacy and broadcaster rights.
This is not the first delay for Form 395-B. The FCC’s Office of Management and Budget had to complete its review under the Paperwork Reduction Act before the Media Bureau could set compliance dates.
