Giving the benefit of the doubt - I think you misunderstand the point. Besides, spurious emissions in a licensed band are illegal in order to protect the licensed user.
ATT operates a wireless network because they are licensed to do so by the FCC acting on behalf of the public. We, the people, "own" the RF spectrum, the FCC regulates it for our benefit. (This is why you can comment on a TV or radio station's renewal application stating that they have not operated in the public interest - it probably won't affect the renewal but you are entitled to comment)
At its root, ATT operates this wireless network at our pleasure. If they choose not to play by the rules the FCC has laid down they are free to sell their infrastructure to another or cease operating such a network.
OUR problem is that the FCC has only recently begun to enforce neutrality and open access regulations for OUR benefit and that ATT believes it may flaunt those regulations without repercussion. Verizon recently learned the FCC was serious about the open access provisions that encumber the 700 MHz license where they have deployed LTE. Perhaps the FCC can remind ATT it is serious about neutrality when using PUBLIC resources for financial benefit.