It can be shown that there were consequences of Mr. Cooper's actions, and people and organizations who were the injured parties.
This can not be said for two people engaging in short range communications on a frequency that nobody else is using and which is not causing any identifiable harm or loss to any person or persons, equipment, services, or systems.
I refer again to the principle of "no harm, no foul" which should be central to all matters of law enforcement. Because it makes no sense to invest time and money and effort into pursuing literally victimless crimes. Resources are limited. Use them wisely. That includes enforcement resources.
I think one could argue (and I think this is what you are suggesting) that the FCC has essentially done this.
They don't seem to concerned about the CCR's until they start interfering.
They don't seem to worry about unlicensed use, there's tons of that.
So, maybe we should start with the hobby radio services, since there's no chance that someone unknowingly could interfere with public safety users, or interfere with a business by using the ham bands for a "no harm/no foul" radio service.
Open up the amateur radio bands to anyone that wants to use them on a non-interference basis.
We could use FRS, MURS, CB, 49MHz, etc, but that's already license by rule, and apparently not good enough for those that want more.
Using the heavily under utilized amateur radio bands for a new "come as you are" License by Rules (or no rules) service would have the least amount of impact on important users. Plus, there's tons of under utilized spectrum going to waste. Heck, there's tons of repeaters that go unused for days/weeks on end.
I'm 50% facetious and 50% serious. If hams/hobbyists think they have authority to wander outside their bands when they feel the need, then it is only fair to allow other radio services to do the same.
Bear with me here, this isn't an assult on you, just spitballing this to work out the details, feel free to add to it:
Since the 2 meter band is sparsely used in my area, I think dropping a P25 control channel on there should be allowed, after all, it really is public safety, and when all else fails (coordination failed…), our officers should be able to use whatever means they need to communicate. I can't get coordinated Part 90 frequencies anywhere else in the VHF band, and it would save our department a crap-ton of money to stay on VHF.
No harm, no foul, hams could use 1.25meter band, or 6 meter band, or 70cm band, or 33 cm band, or 23 cm band, or any of the other parts of the 2 meter band that I didn't need. After all, they have VFO's and can just pick another frequency.
But we all know hams would have a coronary if anyone did that. There would be fox hunts and retribution, purposeful jamming, screaming and howling, gnashing of teeth. ARRL would spin up into a froth and start sobbing about the 'end of the hobby!!!".
