That is indeed the big hurdle- the fact that the airwaves are owned by the "public."

TANGENT: Of course, this fact is conveniently forgotten whenever television, RIAA, MPAA, etc. feel like they want to own it and rape the consumer. They've spent decades making huge money off the "public airwaves" but flip out if people want to record tv shows or other broadcast media for later use (TiVO, for example).

Private property used for commercial purposes often does not enjoy the same freedoms are private, non-commercial property. Thus, that is something that doesn't help the theaters as well.

I'd also love to see ushers policing the cell phone stuff but we all know that will never happen.

First, because no business likes to be put in a confrontational situation with their customers.

Second: Thanks to our law schools pumping out far more lawyers than we need, and thanks to judges not exercising appropriate restraint (and roxoring the frivilous law suits), you know people are going to sue when an usher tries to stop their cell phone use. They'll claim they were harassed or targeted because of their race or some other nonsense.