FCC Eliminates EEO Form 395B from its Rules

The FCC’s Media Bureau issued a Public Notice officially eliminating Annual EEO Report Form 395B from its rules.  The rule used to require that Form 395B be placed in a station’s public file and list employees by employees by race, gender, and employment position. 

The decision to eliminate the rule is really pro forma.  Last year, the 5^th Circuit Court of Appeals ruled that the FCC “[t]he FCC lacks statutory authority to require broadcasters to submit employment data under Form 395-B.”   The form was not used for nearly 20 years because of constitutional concerns.  The FCC tried to resurrect the rule in 2025, but the decision by Fifth Circuit Court of Appeals blocked these efforts.  State broadcast associations led the charge to eliminate the use of Form 395B.

Importantly, this decision does not eliminate the FCC’s EEO rules.  It only eliminates Form 395B, which was incredibly burdensome and found to be unconstitutional.

You can access the Media Bureau’s Public Notice here.