DTV Delay and 700 MHz Auction

While there have been numerous articles and blogs discussing the pros and cons of the DTV delay I have not seen much written about the effects on Verizon, AT&T and the other companies that were supposed to start using the freed up spectrum TODAY.

I have a series of questions surrounding the rights of these companies and their ability to sue for some form of "taking." First, what exactly happens if Qualcom Verizon or AT&T wanted to roll out some of their next generation services on their new spectrum? Do the companies have a right to compensation if the DTV Delay Bill is taking away all economic use and value of their newly acquired property? How is spectrum considered in terms of property, because the airwaves are essentially just leased to be used in the public's interest?

I just thought I would write down my questions and answer them as soon as I can get a real answer...



UPDATE:

The questions above really boiled down to what category of property the Spectrum falls into. The AT&Ts and Verizon's have bid on the Spectrum but they do not have ownership rights of the Spectrum. Spectrum is owned by the public.

As for the Regulatory Taking issue; the Sierra Tahoe case raises questions as to whether a restriction on use for such a short period of time can really amount to a per se taking deserving of just compensation.

In the end however we will never have to reach these questions because AT&T and Verizon would never raise a stink about the DTV Delay because it would bring them very bad publicity.