FCC’s Demographic Data Ask Vacated by Federal Appeals Court

The Federal Communications Commission lacks legal authority to re-implement an order requiring demographic data about broadcasters’ employees, a federal appeals court ruled Monday.

The FCC’s re-issuance of Form 395-B exceeds the scope of its authority established by US Congress and isn’t permitted under the Cable Television Consumer Protection and Competition Act, Judge Jennifer Walker Elrod wrote for the US Court of Appeals for the Fifth Circuit. The unanimous three-judge panel granted petitions for review from three broadcasters and vacated the FCC’s 2024 order re-imposing the form.

“While its authority to act in the public interest is broad, the FCC cannot ...