FCC to publish data on broadcasters

The Federal Communications Commission (FCC) took a significant step toward promoting diversity and transparency in the broadcasting sector by reinstating the collection of workforce Equal Employment Opportunity (EEO) information from licensed broadcasters.

The move follows a suspension of over two decades ago, during which the requirement for broadcasters to annually file Form 395-B—collecting data on the race, ethnicity, and gender of employees across specified job categories—was put on hold.

However, concerns have since arisen regarding the lack of diversity within the broadcasting industry, particularly regarding ownership and employment opportunities for women and people of color.

The FCC voted 3-2 along party lines on Thursday in favor of requiring broadcasters to collect data about employee demographics and submit reports about them annually to the commission.

The form was initially proposed in the 1990s but its use was suspended by the U.S. District Court for the District of Columbia in 2001 over confidentiality concerns.

In its order, the FCC highlighted the importance of reinstating the collection process, stating, “With today’s action, we restore the process of giving broadcasters, Congress, and ourselves the data needed to better understand the workforce composition in the broadcast sector.”

The decision reflects a broader societal shift towards greater openness regarding diversity, equity, and inclusion across both corporate America and government.

The reinstatement of Form 395-B’s collection aims to address the longstanding issue of underrepresentation and promote equal opportunities within the broadcasting industry. FCC Commissioner Geoffrey Starks emphasized the significance of diversity in media organizations, noting that reflecting the diversity of viewers, listeners, and readers is essential for effectively serving the public.

The decision received praise from advocates for media diversity. Jessica J. González, Co-CEO of Free Press, commended the FCC for taking steps towards increasing transparency in broadcast licensing.

“This long-overdue order will help the FCC, Congress and the American public better understand how the broadcast sector is serving the public interest — or failing to serve it — in viewpoint diversity and racial equity,” said González. “Since its inception, the radio and television industries have been dominated by white men in ownership, management, and employment up and down the ranks. This means that we’ve lacked a diversity of perspectives over our nation’s public airwaves, and it has resulted in racist and harmful coverage that has made the United States less democratic and less safe for people of color.”

González highlighted the historical dominance of white men in ownership, management, and employment within the radio and television industries, underscoring the need for greater diversity of perspectives over the nation’s public airwaves.

The FCC’s regulations governing EEO responsibilities for broadcast licensees aim to prevent employment discrimination based on race, color, religion, national origin, or sex. Additionally, broadcasters are required to develop and maintain EEO programs to ensure equal opportunity and nondiscrimination in employment policies and practices.

While the reinstatement of Form 395-B marks progress toward promoting diversity and transparency in the broadcasting sector, it also reignites debates surrounding confidentiality and the constitutional implications of collecting workforce data.

Various stakeholders, including public interest organizations and representatives of the broadcast industry, have expressed differing views on the matter, ranging from advocating for public disclosure of employment data to raising concerns about potential violations of race-based protections.

The FCC’s decision to reinstate the collection of workforce EEO data signifies a renewed commitment to addressing diversity and equity within the broadcasting industry. As the debate continues over the practical and legal implications of this decision, it underscores the importance of promoting inclusivity and equal opportunities in media representation.