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

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. Genachowski told NAB in Las Vegas this week that “it’s essential that broadcasters be treated fairly” and are “fully compensated” after repacking occurs.

However, back in Washington, broadcasters are saying that might be “impossible.”

A representative for the NBC and CBS affiliates met with Genachowski’s top aides on Monday 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.”

Genachowski told the broadcasters this week that it’s out of the question for stations to opt out of repacking.  

“Voluntary can’t mean undermining the potential effectiveness of an auction by giving every broadcaster a new and unprecedented right to keep their exact channel location,” he said. “This would not only be unprecedented, it would give any one broadcaster veto power over the success of the auction — and be neither good policy for the country, nor fair to the other participants.”