Hands Off My Photons

It seems to me that this is an unnecessarily confusing way to put the argument. Licensing speech is presumptively unconstitutional activity for the federal government, and only the technological necessity sustains it.

One of the pleasant phenomena designed into the Internet is heterogeneity. You don't need to be right about the virtues of white-fi, or any other wireless technology. We will always have the spectrum, and we'll always be able to use anything that works anywhere it works because in the end all we ever need is a way to take the next hop. You might want to get above the level of the radio protocols, or even the interests of particular incumbents, by looking again at the map of our spectrum. There's scarcely a relevant neighborhood in which the government has not reserved itself a couple of choice lots. There's always something it can either give or trade with. The real issue isn't the incumbents' spectrum, it's their incumbency. As businesses, they resent the government's competing with them in the public interest, and that resentment can be effectively brought to bear.

So leave them out of this, for a moment, and ask whether your interest is in the design of that network from a policy point of view, or in the politics of making it possible to build such a network. Then the essay can gain some focus and hit the target more neatly.