We can design radios that use spread-spectrum / low-probability-of-intercept / below-the-noise-floor techniques that can make the services both harder to identify, and (more importantly) far, far less likely to interfere with anything else on the same frequencies, which is what the FCC actually cares about.
If this is useful, and if people actually want to use it, they will, and then the cat will be out of the bag and we can make a case for legalization.
It's easier to ask for forgiveness than permission. They're never going to give you permission for something theoretical. People have to be using it and not willing to give it up, like uber, and then they'll go "gee, I guess we need to figure out how to make this work."
This. The original hackers didn't bother with the legality of what they did - it was interesting and awesome, and some of them went to jail for it, but it was worth it.
Where I come from (.au) that’d mean somehow taking back the bottom half of the 915MHz band we sold off to the mobile phone network operators... Not happening any time soon... :sigh: