The point of WiMax is that it connects - without an interruptible physical connection -over a citywide area
So it's local radio, and will be regulated as such. The interruptible connection is the transmitter. Sure, you can run pirate broadcasts, but it's pretty desperate if "the authorities" decide to clamp down. And the more desperate it is, the easier it is for them to claim it's subversive.
I'm not saying this because I'm against WiMax, I'm for. But it doesn't seem to me to evacuate the problem.
The point of WiMax is relocalize information sharing, with the city as an almost optimal discrete size of ecosystem, since that is the territory size that has conformed the traditional administrative organizations.
Something I am working on is a proposal for how even smaller units of the city -ie neighbourhoods - can be nodes in a metropolitan system that connect all the people who might physically meet, whether sellers, buyers, servers, suppliers or whatever, and lift the information exchange level at these nodes to make them better places to live in. These hood nodes are then connected together to form the virtual/real city.
The ultimate political aim of the proposal is to bypass representative government, and corporations, in true bottom up style ;-). You can't be me, I'm taken