Now that I got that wild hair out of my system, let me post a more rational scenario and question.
I read Jerry Del Colliano's daily blog/rant where he admonishes current broadcasters to invest in digital. He is the first to admit he doesn't know what the landscape of digital audio service will eventually look like, but as a radio operator if you are not wading around testing the waters, once the picture takes shape you won't be part of it.
I can't own the radio station I would like to operate. So I ask myself can I jump into the world of digital audio service. I'm not interested in serving the world, the nation, my region of the U.S. or even an entire state. My whole focus is a county, a city, a community. I could start an Internet "station" to serve my community but the minute it looks like I have something that might work I can expect 17 or 29 other yo-yows to jump in and try to do what I am doing, only they are sure they can do it better. How much can I afford to invest in my on-line adventure if there is no such thing as a franchise, an exclusive territory, or at least an exclusive format.
The common cry in today's America is "Get Off Our Back. Leave Us Alone." (copyright Grover Norquist?)
The common cry is deregulation is good for business. There are times when REGULATION IS GOOD for business. A city the size of Ft. Wayne, IN or Fargo, ND or Macon, GA would like to have airline service. No airline is going to make the investment needed and hire a staff for the facility unless they have some understanding that it they take the risk, they will not have 17 or 29 other airlines poaching their market. Maybe a second one would be acceptable, but ONLY if they agree to live up to certain levels of service.
In any business you can name today, finding the balance between franchise, patent and copyright vs. pure wild-west absolute freedom is a fine balance. And it needs to change sometimes to move with the changes in technology and market size and cultural values.
The man is right about putting the toothpaste back in the tube. It can never again be 1946 or 1966 in radio. But are we really ready for a day we simply turn the radio over to the War Lords?