[jpl]

Where in the Constitution is the government authorized to "own" spectrum?

If the government had no control over the spectrum, any schmuck with enough money could build a radio tower in his backyard and broadcast whatever he wanted on whatever frequency he wanted to use. It wouldn't be long at all before you had total chaos reigning.

[eno_]

So the government is authorized to "own" anything where might be "chaos?"

[templar]

any schmuck with enough money could build a radio tower in his backyard and broadcast whatever he wanted on whatever frequency he wanted to use.

My choice would be a 10+ megawatt spark gap. It's my constitutional right!