New DEI Related Questions Added to FCC EEO Audit Letters

The FCC has sent out EEO letters to 300 randomly selected stations across the country.  Each year, approximately five percent of all radio and television stations are selected for EEO audits.  A review of the list reveals that nine stations in New York received audit letters. 

For the first time, the audit letters being sent to stations contain four new paragraphs requesting information aimed at a station’s diversity, equity and inclusion (DEI) policies.  For example, it asks about any internal complaints made by employees favoring a particular race, ethnicity or religion.  It asks questions whether an employee was reprimanded for not following DEI policies.  The questions go beyond employment asking whether a station has policies, including contracts with third parties that favor certain races, gender, religion, national origin etc.

The inclusion of these questions is unprecedented.  Nonetheless, stations receiving the audit letters will have to address these issues.  We strongly urge the nine NY stations receiving the audit letters to consult their communications counsel.

Do not ignore the FCC’s audit letter.  According to the public notice, a station must place a response in their Public File no later than September 22, 2025.

You can see the Enforcement Bureau’s Public Notice, which includes the new DEI questions and a list of stations receiving an audit letter, here.

A discussion of the new DEI questions by noted communications attorney David Oxenford can be found here.

Attorney David Oxenford’s discussion about the audit process can be found here.