Cross-post from mediafrenzy:

Ofcom recently published details of how it will consult with the public and affected regulatees on policy matters. Any student of administrative law will quickly note the obvious differences between Ofcom’s procedures and the very formal procedures specified by the Administrative Procedures Act (APA) for U.S. regulatory agencies.

I generally favor the less formal and more flexible approach Ofcom uses. The APA’s ‘notice and comment’ procedures followed by U.S. regulatory agencies are in many cases window-dressing: Well-heeled participants get more attention, and individual comments in large proceedings are rarely reviewed (much less considered) by the policymakers. Ofcom is more open about this reality:

But formal consultation also has its limits. Some of those affected by our decisions are better placed to deal with regulation than others. Very big companies have experts available to analyse long and complicated documents � but small companies usually do not. Consumer and community groups and individuals also lack both time and specialist skills. But the views of all concerned matter, and we want to hear them.

I like what Ofcom’s doing here.