As we noted earlier, the FCC has reinstated its EEO Form 395B annual report. The FCC rules reinstating the form will become effective on June 3rd. However, the Office of Management and Budget (OMB) must review and approve the actual form before it can be used by the FCC. This is an administrative matter and will not lead to a change in the law. The FCC will issue a Public Notice once the Form 395B is approved. Once approved, stations will be required to file each year by September 30th.
On a related note, two religious broadcasting groups filed petitions for reconsideration with the FCC. In addition, the National Religious Broadcasters and the American Family Association have gone directly to the US Court of Appeals. The focus of the filings is the inclusion of a “non-binary” option with respect to the form's gender reporting. They argue that complying with the non-binary question violates their right to religious freedom under the First Amendment.
We will let you know when OMB completes its approval.
You can see our previous story on the rule here.
You can see a detailed discussion of the rule from noted FCC attorney David Oxenford here.