FCC Postpones Filing of Form 395-B for Broadcasters

The FCC has indefinitely postponed the September 30 deadline for broadcasters to submit Broadcast Station Annual Employment Reports, also known as FCC Form 395-B.

As we explained in February, the FCC reimposed the requirement that radio and television broadcasters submit a Form 395-B each year. The form requires broadcasters to provide information about the race, ethnicity, and gender of their employees.

Since then, the filing requirement has come under attack in lawsuits filed in federal court and in petitions for reconsideration before the FCC, including one filed by the National Association of Broadcasters (NAB).

In its public notice announcing the postponement of the filing date, the FCC did not specifically explain the reason for the delay, other than to say the Media Bureau has not provided details or instructions on the filing process.

On two previous occasions, federal courts struck down the FCC’s use of Form 395-B to collect workforce data. The FCC believes its new plan to collect and use employment data is constitutional.

Prior to 2024, the FCC had not attempted to use Form 395-B in over 20 years.

For more information about Form 395-B or the FCC’s EEO rules in general, contact an attorney in our Media practice group.