Spectrum is owned by the public, and regulated as spectrum is a limited resource. IP messaging isn't by any practical means a limited resource.
> As far as I know, as long as I have the right to use the frequencies, I could start my own cellular telco that transmits whatever format I want.
No. Spectrum is regulated in terms of what technology you can use, and kind of usage is supported. You can't buy LTE spectrum and broadcast radio on top of it, and vice versa. You can't (in most cases) take 2G spectrum and deploy LTE on top of it.