Paul Breed notes in comments that the decision to require permits or waivers for tethered testing didn't originate with AST (though I never claimed it did), but with the FAA chief counsel's office. To me, this is just one more argument for making the office independent of the FAA and report directly to the SecDot, as it did from its inception until the Clinton administration "streamlined" it into the FAA.
Apparently it takes a fancy and expensive legal education not to realize that tetherball and golf are not the same sport.