Marconi's Legacy: National Sovereignty Claims in Radio

Since early in the 20th century, national governme nts have asserted sovereignty over the electromagnetic spectrum. These assertions wer e initially embraced as a way to control the monopolistic ambitions and offensive business pract ices of the Marconi Wireless Telegraph Company. They are still the basis of radio regulat ion. However, as wireless communication moves to higher and higher frequencies - into the r ange of infrared (heat) and "free space optics" (light) - it is becoming obvious that claiming sove reignty over radio frequencies makes no more sense than claiming sovereignty over colors of the rainbow. Is radio legally different from light? If not, might we someday need government permission to use certain colors of light for certain purposes, as with the invisible colors of radio?