CBS, NBC affiliates say fair compensation for spectrum harms might be 'impossible'

Representatives of NBC and CBS television affiliates headed to the Federal Communications Commission (FCC) to question whether it's even possible to quantify the damages they could incur during repacking, a central aspect of FCC Chairman Julius Genachowski's spectrum proposals.

Though Genachowski says participation will be voluntary, some broadcasters who opt not to take part in the auctions will nevertheless have to change which airwaves they use so that contiguous swaths of spectrum are available for mobile broadband. The FCC has promised to repay the broadcasters for the costs they incur. But broadcasters are saying that might be "impossible." A representative for the NBC and CBS affiliates met with Chairman Genachowski's top aides to raise concern that the harms associated with repacking won't be fully addressed, according to an ex parte filing. He argued that the damages "would be serious, widespread, and difficult or even impossible to quantify in terms of compensable damages."