I can't tell whether your argument is that it should be that way or it is that way, but you're wrong on both counts:
Straight from the FCC:
> Today’s declaratory ruling reaffirms the Commission’s dedication to promoting the widespread deployment of unlicensed Wi-Fi devices. It clarifies that American consumers and businesses are free to install Wi-Fi antennas under our OTARD rules – meaning without seeking approval from their landlords – just as they are free to install antennas for video programming and other fixed wireless applications. - FCC Commissioner Michael J. Copps [1]
As to whether it should be this way, consider a world in which individual landowners could actively jam police communications, or if every sliver of the spectrum chart [2] needed to negotiate with all the landowners in the United States. No radio communication would be possible. It is about as workable as letting landowners shoot down planes flying through "their" airspace.
