Texas Broadcasters Challenge FCC Over Staffer Data

The Texas Association of Broadcasters (TAB) finds itself in the spotlight as the Federal Communications Commission (FCC) reinstated a rule requiring local radio and TV broadcasters to collect detailed information on the gender, race, and ethnicity of all employees. This rule also mandates that stations post this information online within their public FCC file, which includes the station’s physical location1. 

Let’s dive into the details:

Rule Reinstatement: The FCC has revived the Annual Employment Report and Form 395-B, which applies to both commercial and non-commercial radio and television stations with five or more employees in a “station employment unit.” It also extends to cable and satellite TV services. The previous version of this data collection practice was suspended over 20 years ago due to concerns that the FCC was using it to penalize stations for failing to meet racial or gender quotas in their workforce.

Data Collection: While employee names are not reported or posted, stations are now required to provide aggregate information on the gender, race, and ethnicity of their employees. The form classifies employees into ten job categories, including executives, professionals, technicians, sales workers, and more. Additionally, the FCC will add a mechanism to account for those who identify as gender non-binary.

Reporting Frequency: Stations must submit this report annually by September 30, based on data from one payroll period between July and September. The Media Bureau will announce filing procedures once the Office of Management and Budget approves the updated form.