As we reported previously, last February, the FCC voted to reinstate its annual EEO Report Form 395B after a lapse of more than twenty years. The report requires stations to list detailed information about the race, ethnicity, and gender of all employees. Under the FCC’s rules, the information would be made public.
The decision initially required stations to file the form on September 30, 2024. That date has been delayed. According to the Commission:
“As the Commission previously explained, prior to the time the first filing of the Form 395-B will be due pursuant to the Fourth Report and Order, the Media Bureau will issue a Public Notice with details of the electronic filing process and instructions about how to submit the filings. Because the Bureau has not yet released that Public Notice, the data collection will not be due on September 30th this year. 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.”
One reason for the delay is that the Office of Management and Budget must approve the data collection form. That has not happened yet.
The Texas Association of Broadcasters, the American Family Association, and the National Religious Broadcaster filed a petition for review with the U.S. Court of Appeals to block the FCC’s decision. In this regard, it is worth noting that previous efforts by the FCC to implement this type of data collection have been struck down by the courts.
You can access the FCC’s Public Notice Announcing the delay here.
Our previous story explaining Form 395 B can be found here.
Our previous story about the litigation challenging the FCC’s decision can be found here.