The PSB Phase 2 comments are posted on Ofcom’s website. They are here.

Admittedly, I’m no expert on how regulators should make information available to the public, but Ofcom often does a poor job on responses to consultations. I think the problem is not Ofcom’s intentions, but the system design. You know: structure, process, outcome.

If a website visitor goes to Ofcom’s main page and clicks on ‘consultations’, there is an option to review ‘responses’. Clicking on that option (as of today) does not show the Phase 2 PSB proceeding. Likewise, clicking on ’strategic reviews’ and then clicking on ‘PSB’ (as of today) does not reveal any published responses to the Phase 2 report. At this point, I assume the casual visitor simply gives up. Instead, you must return to the consultations page, click on ‘closed’ and then follow that link to the Phase 2 PSB proceeding to find the responses. So there are basically three ways to find consultation responses and Ofcom chooses the least intuitive way. The misery doesn’t end there. The Phase 2 PSB comments are then divided into thirteen alphabetised subcategories with obliquely-named .pdf files. It’s a soul-destroying clickfest, folks.

Wanna see how it should be done? Check-out the FCC’s comments website. First, it’s one ‘bookmarkable’ site for all FCC consultations. No hunting around for things. Second, it’s searchable in a number of ways. Finally, it is also the method to submit comments to the FCC. Sure, the FCC’s system is not perfect (and may not lead to better substantive results - keep that in mind), but it permits a number of things Ofcom’s site does not:

* The ability of FCC staffers to quickly search their own agency’s documents. In other words, everyone, not just the odd researcher, benefits. The automated nature of the FCC’s submission system also saves staff time and speeds the process. For example, the FCC’s website already has posted 52 submissions received in various matters on December 16. Matt Peacock indicated that there were thousands of responses to the broadcast code consultation; an automated system would benefit Ofcom greatly.

* You can search to see if a particular entity filed comments across a number of different proceedings. This is particularly useful when certain proceedings have similar themes. Dare I utter the word: Convergence!

* You can monitor the status of a proceeding on a daily or periodic basis by using the date feature. This is particularly helpful to law firms and consultancies.

Anyway, as a number of regulatory theorists have observed, the U.S. process is more legalistic than other national styles, so you do see an increased emphasis on an ordered (docket) system of regulatory submissions, decisions and challenges. Even smaller U.S. regulators tend to organise information in this way.

But Ofcom can do better. The current system is disorganised and does not completely serve the regulator or the citizen-consumer.

Am I wrong here?