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The Colorado Broadcasters Association (CBA) successfully challenged the FCC's attempt to reinstate Form 395-B for collecting employee demographic data. A federal appeals court in Texas unanimously vacated the FCC's order, citing the agency's lack of statutory authority to mandate such data collection. This decision marks a significant victory for broadcasters, including the CBA, which actively opposed the mandate alongside other state associations.
Form 395-B, originally used by the FCC from 1970 until its suspension in 2001, was reinstated in 2024 but never implemented. Critics argued that the mandate violated the First and Fifth Amendments and exceeded the FCC's regulatory authority. The court's ruling affirms that the FCC cannot enforce data collection without explicit congressional authorization. |