NAB Wants FCC To Reconsider Staff Diversity Data Collection

The National Association of Broadcasters (NAB) has filed a Petition for Partial Reconsideration with the FCC regarding the reinstatement of staff diversity data collection. 

Here are the key points:

• Form 395-B: This data collection involves gathering information about race, ethnicity, and gender from licensees. It was paused for 20 years but has now been resumed.
• First Amendment Concerns: The NAB argues that forcing broadcasters to disclose employee demographic data to the public is a form of compelled speech that does not meet the strict scrutiny standard required by the First Amendment.
• Fifth Amendment Concerns: The disclosure of such data could unfairly pressure broadcasters into adopting hiring practices that favor certain demographics, potentially leading to preferential hiring.
• Privacy and Safety: Non-binary employees might face targeted harassment due to the public disclosure of their gender information.

The NAB questions the FCC’s authority to impose these rules on radio stations, arguing that the Communications Act does not explicitly mandate such regulation for radio as it does for television stations.

RadioInk reports the NAB urges the FCC to find alternative methods for collecting and utilizing this data that would not require public disclosure, safeguarding broadcasters’ rights and individual privacy.

While first set to take effect on June 3, the enforcement of any new or revised data collection requirements by the FCC’s Media Bureau is currently delayed until the Office of Management and Budget completes a review under the Paperwork Reduction Act. The Media Bureau plans to announce the specific compliance dates through a future Public Notice once they are determined.