Are you just arguing for the sake of arguing?
No, I am pointing out a flaw in your thinking.
The FCC can structure the Rules any way they want to.
I guess so if you stretch the truth, but I can not think of one single place where they have specific rules by "use", only by "service" and public safety is the same service as the rest of "Private Land Mobile Radio", so it would be a very unique (and probably challenging) rule-making process.
They can also do what I suggest within the current rule structure.
How?? (Since your post seems to imply you have already thought this through)
P.S.
Sorry for the thread drift.
Maybe if Dave has a good answer it belongs in a new thread.