The FCC has officially removed the long‑dormant requirement for broadcasters to file Form 395‑B, the annual employment report listing staff race, ethnicity, and gender. Once published in the Federal Register, the requirement will be gone.
What did not change
The removal of Form 395-B does not reduce broadcasters’ EEO obligations. All existing nondiscrimination outreach rules remain full enforceable.
Every full-power AM, FM, and TV station must continue filing Form 396 with is license renewal application.
Employment units with fewer than 5 full-time employees:
* File Form 396 at renewal
* Exempt from annual EEO Public File Reports
* Exempt from outreach and menu-option activities
* Simply certify their exemption on the form
Employments units with 5 or more full-time employees:
* File Form 396 at renewal
* Must prepare annual EEO Public File Reports during the license term
* Must conduct required recruitment outreach and menu-option activities
* Upload those annual reports as part of the renewal filing
Mid-Term EEO Review (TV Only)
Television stations have an additional statutory threshold that determines whether they undergo a mid-term EEO review. A TV station is subject to mid-term review only if both are true:
* The employment unit has 5 or more full-time employees
* The TV station itself has 11 or more full-time employees
If both are conditions are met, the station must file Form 397 at mid-term. If either condition is not met, no mid-term review applies. Radio mid-term reviews have been eliminated entirely.
EEO audits continue–and are expanding
The Enforcement Bureau continues its regular EEO audits. The 2026 audit letters went out on August 21, with responses due October 20. These audits now include several DEI-related questions. It remains to be seen if they will continue.
The Bottom Line:
* Form 395-B is gone.
* Form 396 remains required for all stations at renewal.
* Annual EEO Public File Reports apply only to employment units with 5+ full-time employees.
* TV Mid-term review applies only when the station has 11+ full-time employees, and the employment unit has 5+.
* EEO audits continue and now include DEI-related questions.
The elimination of Form 395-B is a narrow legal correction, not a relaxation of EEO compliance. Stations should continue maintaining complete hiring, outreach, and non-discrimination documentation.
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