not when the license is not generally offered to anyone on reasonable terms.
Lets say I say anyone can do a thing... they just need a license... and then I make a point of never issuing such licenses to anyone except two companies under any circumstances.
That's a de facto ban.
De jure you can make any claim you want but it won't be intellectually honest in the face of a de facto ban.
Look guys... we can jerk each other off until our eyes melt... but at the end of the day the reality is the reality is the reality. And we can either get real here or all we're doing is jerking each other off.
The de facto reality is that only a few large companies are ever issued these licenses and acquiring these licenses is unreasonable for anyone else.
Even google is having a hard time obtaining these licenses on places where the duopolies are strong. That should give you an idea of how fucking stupidly impossible it is for anyone to get a foot in the door when multi billion dollar corporations are saying that they can't even fucking bribe their way in most of the time for a reasonable fee.
I was reading a long complaint from Centurylink that cox/time warner are blocking them from service provision in some areas.
I've had this argument a million times on this board and it always boils down to some fool that will reflexively make any fucking stupid argument he can think of to defend the status quo. It is not credible.