] Unlicensed spectrum is different. In addition to all the
] regulatory complexities, there is an enormous
] philosophical change being proposed here. Because of
] advances in wireless technology, what spectrum is, at
] least in a regulatory setting, has been transformed, and
] the FCC is being asked to ratify that transformation.
]
] The key thing about the regulation of "spectrum" is that
] it isn't really about spectrum at all, but about the
] technology for transmitting and receiving wireless
] signals. The weakness being avoided by regulation --
] interference -- doesn't actually exist in the real world.

Found this blog linked off of lessig.org.