Radio (including cell phones) has been regulated at the Federal level for almost 100 years. It is likely any state law would not hold up ... civil or criminal. Additionally the FCC and NTIA would likely challenge an attempt by a state to regulate anything to do with radio.
MA has a Commonwealth-specific DNC registry and the AG has successfully taken action against cell phone solicitations under the relevant statute. Just because radio is regulated by the Federal government doesn't mean that states have no sovereignty over commerce that happens within their jurisdiction.
We're not talking about regulating or auctioning spectrum. We're talking commerce.
which is exactly how it has to be! I can't imagine a world where 50 states have 50 different sets of wireless bands, regulations, etc. It would be impossible.
