Is it accurate to state they have made illegal (via 'rules') to use open source (user controlled) EM comm above 100um (below 3000GHz[1]) (except a few windows)? Or is it 9kHz to 275GHz? I bet when line of sight NIR comms (there's a nice window around 1550nm) get popular, they will (to stay relevant) want to 'regulate'[2] that too. Prior restraint is the problem here, anyone can mess with the spectrum with basic electronic skills, mandating 'approved' software seems less than pointless.

[1] http://www.spectrumwiki.com/wp/allocations101.pdf

[2] https://www.youtube.com/watch?v=gbYXBJOFgeI