It’s a controversial matter, and as such there are presently three petitions for review of a FCC vote pending in a federal appeals court that seeks to put a stop to the restatement of data collection from broadcast licensees using Form 395-B. Privacy issues are the key concern for those seeking to stop the Commission.
Now, on its own accord, the FCC has put a stop to data collection — on a technicality and pending a Media Bureau move.
With its approval of a “Fourth Report and Order” six months ago, the equal employment opportunity-focused form was put back into official use by the Commission after years of its non-use. But, before its return was cemented by the FCC, the Media Bureau was to issue a Public Notice with details of the electronic filing process and instructions on how to submit the filings.
That Public Notice has yet to be released by the Media Bureau. As such, data collection will not be due on September 30.
“The Bureau will provide broadcasters ample time to put into place whatever data collection processes they require prior to the first filing deadline, consistent with the Fourth Report and Order,” the Commission said on Friday.
Importantly, the FCC hints that a Public Notice will be forthcoming … although it is unclear when. As such, “the issuance of this Public Notice is not intended to alter the legal effect of the Commission’s action in the Fourth Report and Order.”
As such, a fight being waged in the Fifth Circuit federal appeals court by the National Religious Broadcasters association is on, and it could be the NRB — and a judge that sides with them — that nixes the Form 395-B rule.
American Family Association and the Texas Association of Broadcasters joined NRB is seeking a joint stay of the rule, while the Catholic Radio Association is also seeking to squelch Form 395-B via a partial petition for reconsideration of the rule.
