The FCC on Thursday eliminated the requirement that radio and television stations file annual reports on the race, ethnicity, and gender of their employees, formally removing a data-collection rule the Fifth Circuit had already struck down.
The Media Bureau adopted and released the order on October 1, deleting Section 73.3612 and the associated Form 395-B filing obligation. The change takes effect when it is published in the Federal Register. The Bureau said the action implements the appeals court’s decision and does not alter other equal-employment rules that remain on the books.
The order follows a May 2025 ruling by the U.S. Court of Appeals for the Fifth Circuit in National Religious Broadcasters v. FCC. The court vacated the Commission’s 2024 reinstatement of the reports, holding that the agency lacks statutory authority to require broadcasters to submit workforce demographic data.
The deleted rule had a long and contested history. The FCC first adopted the annual employment-report requirement in 1969. It suspended the filings in 2001 and left them dormant for more than two decades before a Democratic-majority Commission restored them in 2024 on a party-line 3-2 vote. Thursday’s deletion was taken under Chairman Brendan Carr’s “Delete, Delete, Delete” proceeding, which targets rules the agency views as unnecessary or unsupported.
Broadcasters should not treat the change as an end to FCC employment oversight. Equal-employment opportunity rules and random station audits continue. The Enforcement Bureau mailed 2026 audit letters to selected radio and television stations on August 21, and responses are due October 20. Those letters again include questions added in the 2025 audit cycle on internal bias complaints, employee sanctions tied to diversity policies, and race-based hiring databases. In 2025 the National Association of Broadcasters asked the FCC to end the audits, calling them ineffective and burdensome.

































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