Why did the FCC just delete its broadcast employment reporting rule?

The Federal Communications Commission has removed a section of its rules that required broadcasters to file annual employment data. The change takes effect immediately and follows a federal court ruling that the agency lacked authority to collect that information.

The court decision that forced the change

The Fifth Circuit Court of Appeals ruled in 2025 that the FCC lacks statutory authority to require broadcasters to submit employment data under Form 395-B. The case, National Religious Broadcasters v. FCC, 138 F.4th 282 (5th Cir. 2025), vacated the Commission's 2024 order that had reinstated the reporting requirement. That 2024 order had brought back a rule originally adopted in 1969 and suspended since 2001. The court's holding left the text of Section 73.3612 in the Code of Federal Regulations with no legal effect. The Media Bureau now says the section is obsolete.

What exactly disappears from the rulebook

The Order deletes Section 73.3612 entirely and removes every reference to that section from Parts 73 and 74. The alphabetical index to Part 73 loses the entry for "Employment report". In Section 73.3539, paragraph (b) is revised so that license renewal applications no longer need the information formerly required by Section 73.3612. Instead the rule now points only to Sections 73.3613 through 73.3615. In Part 74, Section 74.780 paragraph (b)(3) is removed and the former paragraph (b)(4) becomes the new paragraph (b)(3). The changes occupy two pages in the Federal Register at 91 FR 69223-69224.

License renewals

Broadcasters filing for license renewal will see a shorter checklist. The revised Section 73.3539(b) requires only the information currently mandated by Sections 73.3613 through 73.3615. The employment data that Form 395-B used to collect — race, ethnicity, and gender within specified job categories — is no longer on that list.

Why the FCC skipped public comment

The Media Bureau invoked the good cause exception under 5 U.S.C. 553(b)(B). The Bureau determined it was simply conforming the CFR text to the court's decision, not taking independent action or exercising discretion. For the same reason, the Order takes effect immediately upon publication under 5 U.S.C. 553(d). The effective date is November 3, 2026. The Administrator of the Office of Information and Regulatory Affairs concurs that the rule is non-major under the Congressional Review Act. A copy will be sent to Congress and the Government Accountability Office.

What obligations remain for stations

Sections 73.3613 and 73.3615 stay in force. The Order does not alter equal employment opportunity outreach or recruitment requirements that exist outside the deleted section. For questions, contact Joseph Price at the Media Bureau Policy Division, Joseph.Price@fcc.gov or (202) 418-7454. The docket numbers are MB Docket No. 98-204 and GN Docket No. 25-133.