It seems a huge part of what the FCC doesn't like are people setting their radios to other regulatory areas and using the nice "clean" spectrum allocated for commercial/government use. None of their proposed solutions really solve the problem, as motivated individuals can just pick up a device next time they are out of the country and put it in their apartment building anyway. Given how low power wifi is already, its likely they would never catch you.
But all this is just BS, because running an out of spec wifi AP doesn't really solve anything. Its not like anyone is going to go to the trouble of modifying all their devices to talk to an AP using a licensed band, or can communicate back to a wifi device attached to an amplifier.
The FCC/congress though is the real problem. Their corprate first attitude, has basically sold/given all the spectrum to organizations which hate the idea of individuals not having to be locked into paying monthly extortion..
Just imagine what the US would be like if instead of selling the spectrum used for just one of the recent spectrum auctions (take wimax for starters) they had instead allowed unlicensed use... The explosion of technologies in the extremely limited ISM bands suggests at just how useful this spectrum could be, instead of sitting around mostly unused.