No, open spectrum in this case means that's its available for use by consumers (wifi, bluetooth) rather then just companies that get a license from the government (cell, radio)
The feds took over radio spectrum in the early days of spark gap transmitters for the "public good." It's just the way it is unless you want to fight the FCC at this point.
One of the major reasons all the consumer wireless devices suck is that only small slices of junk spectrum was given away to these unlicensed devices (ISM band). Additionally, the chaotic nature of open spectrum requires different contention protocols effect the efficiency and jitter characteristics of wireless networks. When you can't just call the feds to kick people off your band you have to "play nice" is possibly wasteful ways.
The original wifi protocol basically took carrier sense multiple access with collision detection (CSMA/CD) and turned it into collision avoidance (CSMA/CA). Instead of backing of after a collision (which we can't detect in wireless) we back off before every transmission - cutting throughput in half.
