The GSM standard was possible in 1981 when it was designed by a handful of public telecoms and regulators in Europe who had consumer protection and intra-european competition as a stated goal.
The new standard will be designed by corporate behemoths who's goal is lock-in and a competitive advantage (not just Apple and Google but companies like AT&T and Vodafone who want to kill MVNOs).
As I said, European regulators -- both telecom and competition -- would not look kindly on such an outcome. In the US, the FCC is also unlikely to like it, nor will courts.
You're basically saying that the outcome of a new standards process will be obviously illegal.
The new standard will be designed by corporate behemoths who's goal is lock-in and a competitive advantage (not just Apple and Google but companies like AT&T and Vodafone who want to kill MVNOs).