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It's not like the standards have official legal status. You're allowed to develop your own mobile network technology that isn't 5G and doesn't infringe any patents - the government isn't saying that only 5G can be 5G, so it's a theoretically fair playing ground.

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In this case they literally are - if you broadcast in the 5G spectrum, you better have your devices certified, otherwise the local broadcasting authority (which would be the FCC in the US) will ruin your day.

Only Starlink can use the Starlink spectrum too. You're free to seek your own spectrum.

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