At least in Europe the 868 Band is is in contrast to 2.4 allowed only for low duty cycle applications that do not actually occupy the channel for more than 1% afaik (given space multiplexing). I also remember also that the free to us band was quite narrow by design (we built sensor nodes bit banging a PHY transceiver that were in the grey area of unenforced rules, 20 years ago .l)