Texas Association of Broadcasters

03/09/2024 | Press release | Distributed by Public on 04/09/2024 00:22

FCC Delays Collection of Station Employee Data Under Form 395-B

posted on 9.03.2024

- Initial Sept. 30 Deadline On Hold Until Further Notice

The Federal Communications Commission last week indefinitely postponed the date by which Radio and Television stations must report sensitive personal information about their employees under the commission's constitutionally suspect Form 395-B which TAB is challenging in federal court.

The FCC's public notice indicates that because the commission has not yet finalized details and instructions regarding the electronic filing process, stations will not have to file their first report on September 30 as previously announced.

The commission indicated they intend to provide stations "ample time to put into place whatever data collection processes they require prior to the first filing deadline" but stopped short of saying the initial filing would be postponed a full year to September 30, 2025.

If TAB's court challenge fails, a full year delay could be likely because the rule indicates that stations are supposed to report their employees using a two-week pay period in July, August or September.

TAB is optimistic that the court will rule before the FCC proceeds with its employee data collection plans.

Scott Flick, Lauren Lynch Flick, and Jessica Nyman with Pillsbury Winthrop Shaw Pittman, TAB's FCC legal counsel, are leading TAB's court challenge which has been joined by the National Religious Broadcasters association represented by separate counsel.

Questions? Contact Oscar Rodriguez or call (512) 322-9944.