The Return of EEO Form 395-B

At the recent NAB convention in Las Vegas, new Media Bureau Chief Holly Saurer stated that the FCC’s Form 395-B, suspended since 2001, will be returning as a filing requirement for broadcasters.  The form requires the annual reporting of broadcast station employees by race and gender.

The possibility of the form being reinstated was considered in the FCC’s EEO rulemaking initiated in 2021 but the FCC has not yet issued an order adopting the requirement.  Protection of the data being collected was a significant issue being considered.  The instructions to the form would likely have to be substantially updated, as they were originally written in the 1990s.

The exact timing for return of the filing requirement was not mentioned by the Bureau Chief.  Broadcasters can review the form and instructions as it was in 2001 at this link.