"Electronic rulemaking" refers to the use of internet and on-line tools for the development and implementation of regulations. Rulemaking involves a host of informational challenges, from the beginning of the process where a government agency obtains relevant information to identify and understand problems within its jurisdiction, up to the point where it formulates appropriate regulatory responses. Whether or not such responses will gain public acceptance depends on many factors, but the importance of public access to and involvement in rulemaking cannot be denied.
A partnership in rulemaking between the public and private sectors, in theory, ensures a balanced approach to rulemaking that takes into account both public interest requirements and the concerns of the private sector, whether commercial or personal. In practice, however, this partnership suffers from an unexpected constraint - the practical difficulty of reaching, much less, considering the broad range of private sector concerns. Thus, the potential benefits from collaborative efforts between government and the private sector remain largely unrealized.
The rise of the internet into the mainstream has prompted many government agencies to construct websites containing rulemaking documents, allowing the public to submit electronic comments on proposed regulations. Since the transmission and processing of information lies at the core of rulemaking, digital technologies offer enormous potential for enhancing the rulemaking process. E-mail or similar methods of submission written comments are only first steps. The internet and readily available online tools may be utilized to create a rich and interactive environment for discussion between government and the citizenry.
The use of the online environment is not new to the National Telecommunications Commission: its website already includes information about relevant laws, rules and regulations, notices of public hearings and invitations for relevant stakeholders and the general public to submit comments to proposed regulations. The E-rulemaking facility builds on these services and provides a virtual environment where the NTC and the public can engage in discussion about issues and proposed rules. It facilitates interactive communications that simulate traditional, physical hearings while at the same time offers tools that enable asynchronous discussions. It enhances the transparency of the rulemaking process and increases opportunities for citizen involvement.
Welcome to the NTC E-Rulemaking service.
* This is the introductory note made by Atty. Claro V. Parlade, Executive Director of CPCAP, for the How To Guide for Public Users and Workgroups, which was distributed to participants during the Erulemaking Grand Launching on 29 June 2005