I don't know, but if I were in charge of the FCC, I'd purge most such rules and instead bask in the glow of true freedom.
The issue in apartments is TOO much power, not too little.
Both amateur and commercial developers are forbidden from using the best available technology to use the RF spectrum as efficiently as possible.
Edit: prior poster elaborated after I wrote this comment.
The point of this specific regulation is to prevent tragedy of the commons in a shared band -- if you want fewer restrictions go ahead and license your own spectrum; it wont be cheap.
If anything, it should be responding to new technology by encouraging their use to make use of shared bands more efficient, for example by reducing the power limit and restricting the use of inefficient modulation schemes.
edit: I know the article was about symbol rates, and I would agree that a symbol rate limit is silly, but you're responding to my comment which was just about the power limit.