Negotiated rulemaking in government

Negotiated rulemaking in government from its inception at the Administrative Conference of the United States in the early 1980s to the present is examined. Negotiated rulemaking is intended to improve procedures by which government agencies administer their regulatory programs. The objectives are to achieve better fairness and effectiveness of those programs as well as a reduction, if not outright elimination, of contentiousness of the result. The advantages and disadvantages of negotiated rulemaking are explained. Twice the Federal Communications Commission has adopted this approach. Both cases are of interest to the IEEE as they relate directly to frequency sharing and compatible use of the electromagnetic spectrum by low-Earth-orbit mobile-satellite service systems. The two cases are tested against the recommended criteria for negotiated rulemaking