Review of the Commission's Broadcast and Cable Equal Employment Opportunity Rules and Policies: Delete, Delete, Delete

Review of the Commission's Broadcast and Cable Equal Employment Opportunity Rules and Policies; Delete, Delete, Delete

SUPPLEMENTARY INFORMATION:

This is a summary of the document of the Media Bureau's Order, in MB Docket No. 98-204, GN Docket No. 25-133, DA 26-1058, adopted and released on October 1, 2026. The full text of this document is available for public inspection online at https://docs.fcc.gov/public/attachments/DA-26-1058A1.pdf and via the search function on the Commission's Electronic Document Management System (EDOCS) web page at http://www.fcc.gov/ecfs. Alternative formats are available for people with disabilities (Braille, large print, electronic files, audio format, etc.) and reasonable accommodations (accessible format documents, sign language interpreters, CART, etc.) may be requested by sending an email to [email protected] or call the Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), (202) 418-0432.

Synopsis

The Order of the Media Bureau of the Federal Communications Commission (Commission) conforms parts 73 and 74 of the Commission's rules to the decision of the Fifth Circuit Court of Appeals (Fifth Circuit) in National Religious Broadcasters v. FCC, 138 F.4th 282 (5th Cir. 2025), nullifying § 73.3612. In the Delete, Delete, Delete proceeding, the Commission stated the goal of reviewing its rules "to identify and eliminate those that are unnecessary in light of current circumstances." Delete, Delete, Delete, GN Docket No. 25-133, Public Notice, 40 FCC Rcd 1601, 1601 (OMR 2025). Consistent with that goal, the Media Bureau finds § 73.3612 of the Commission's rules "no longer ha[s] any operative effect," and therefore should not remain in the Code of Federal Regulations (CFR).

Section 73.3612 of the Commission's rules, requiring broadcasters to annually submit information regarding their employees' race, ethnicity, and gender within specified job categories, was originally adopted in 1969 and has been suspended since 2001. In 2024, the Commission reinstated § 73.3612. Review of the Commission's Broadcast & Cable Equal Employment Opportunity Rules & Policies, MB Docket No. 98-204, Fourth Report and Order and Order on Reconsideration, 39 FCC Rcd 1791, 1798-00, paras. 14-16 (2024). Parties appealed to the Fifth Circuit, challenging the reporting obligation, while § 73.3612 remained deferred. The Fifth Circuit subsequently found the "[t]he FCC lacks statutory authority to require broadcasters to submit employment data under Form 395-B," National Religious Broadcasters, 138 F.4th at 296, and, as a result of the court vacating the Commission's 2024 order, the text of § 73.3612 that currently appears in the CFR, and references to § 73.3612 in the CFR, have no legal effect and are obsolete. Accordingly, the Media Bureau of the Commission deletes § 73.3612 and references to § 73.3612 from parts 73 and 74 of the Commission's rules, finding that doing so has no effect on the scope and nature of the currently enforceable Commission requirements and effectuates the Fifth Circuit's holding in National Religious Broadcasters.

Pursuant to the good cause exception under 5 U.S.C. 553(b)(B), because we are simply conforming the text of the Commission's rules in the CFR to reflect the court's decision in National Religious Broadcasters, and we are not taking any independent action or exercising any discretion, we find that notice and the opportunity for public comment are unnecessary for this action. For the same reason, pursuant to 5 U.S.C. 553(d), this action will be effective immediately upon publication in the Federal Register .

The changes to parts 73 and 74 of the Commission's rules to conform to the Fifth Circuit decision in National Religious Broadcasters are reflected in Appendix A.

Accordingly, it is ordered that parts 73 and 74 of the Commission's rules, Title 47, are amended as set forth in Appendix A, effective upon publication in the Federal Register .

This action is taken pursuant to the authority contained in sections 4(i), 4(j), and 155(c) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), 155(c), and sections 0.61 and 0.283(e) of the Commission's rules, 47 CFR 0.61, 0.283(e).

The Bureau has determined, and the Administrator of the Office of Information and Regulatory Affairs, Office of Management and Budget, concurs that this rule is non-major under the Congressional Review Act, 5 U.S.C. 804(2). The Commission will send a copy of this Order to Congress and the Government Accountability Office pursuant to 5 U.S.C. 801(a)(1)(A).

Final Rules

For the reasons discussed in the preamble, the Federal Communications Commission amends 47 CFR Parts as follows:

PART 73-RADIO BROADCAST SERVICES

Alphabetical Index [Amended]

PART 74-EXPERIMENTAL RADIO, AUXILIARY, SPECIAL BROADCAST AND OTHER PROGRAM DISTRIBUTIONAL SERVICES