This is true for ALL radio communication.
This is why this is buried deeply in the chip’s firmware or driver which (should) enforce duty cycle limitations.
It hard to do this “by mistake”. I would assume intend.
But yes, “the air” can get congested. No LPWAN can guarantee you congestion-free transmissions. Not even in licensed bands. It’s a shared medium. So whatever you pick, plan for limited availability of your coms.
I can not see what they can really do to prevent such use outside regulation.
Of course we can go for “firmware lockdown & DRM” as this might currently happen with wifi. Goodbye to home grown devices and affordable grassroots hardware. That would be a disaster. And remember: All DRM will eventually be broken anyway.
But do not despair: As this applies to all radio transmissions, what usually happens:
Someone complains to the regulator.
The regulator locates the offending device (ever seen a van with lots of antennas on top cruising around?)
The regulator writes the owner of the device a potentially big ticket.
I won’t expect any large scale (business deployments) that rely on such an abuse because at scale this will be spotted and you will be out of business in second.
A single misbehaving node may not be that bad though, it only can be at one channel at a time and this is also a scenario where “lots of gateway” really helps (at least this is what i think)
I think you are looking for some sort of guarantee or even “service level”
that “it will work”. There is none. LoRaWAN is in a shared ISM band and transmission is best effort.
depending on a lot of things but with every 10 minutes you can be within fair use if your are efficient. Perhaps you can squeeze out a few minutes but that order-of-magnitude. What are you tracking that needs this update rate?