[El Gato]

The government's right to regulate the radio spectrum was established in laws like the Radio Act of 1927, the Communications Act of 1934, etc.

First Congress has no rights, only powers. Second, they cannot give themselves any power just passing a law. See the 10th amendment. They only have the powers granted to them in the Constitution. No more. Regulating something, even in the original sense of "make to work properly, is not the same as being able to buy and sell it.

[HAL9000]

First Congress has no rights, only powers.

That's true, but I hope most people will get past my semantic error to understand the gist of the information.