FCC Requests Dismissal of Legal Challenge Over Workforce Data Collection

Broadcaster groups claim that the reinstatement of Form 395-B infringes on constitutional rights.

The Federal Communications Commission (FCC) has requested a dismissal of a legal challenge to the agency collecting workforce data from American broadcasters. Broadcaster groups argued that this requiring Form 395-B infringes on their constitutional rights and exceeds the FCC’s authority. In February, the FCC voted to resume this data collection, introducing new racial categories and a “non-binary” gender option.

Religious broadcasters have raised concerns—claiming the inclusion of a non-binary category violates their First Amendment rights. In response, the FCC maintained that its authority to collect such data is based on the 1992 Cable Act and the broader Communications Act.

“Form 395-B data provides a more comprehensive picture of the broadcast workforce than any other data source,” the FCC stated. “And while the FCC has not collected this information for many years, that does not undermine the agency’s recognition that the information is useful and that the statute requires the FCC to collect it.”

The case is pending in the Fifth Circuit Court of Appeals.

As the Lord Leads, Pray with Us…

  • For FCC Chair Rosenworcel to seek God’s direction as she seeks to implement the workforce data form.
  • For FCC officials to be discerning as they oversee U.S. communications regulation.

Sources: InsideRadio, Radio World

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