Is it Bluetooth Marketing Spamming?

There seems to be a debate raging on about whether, Bluetooth marketing being offered by a few companies like, Bluepod media and Blue Broadcast is nothing better than Spamming?

A company company offering the product boasts,

"What if you could tap every potential customer on the shoulder that walks past your door and send them your business card, advert or special offer directly to their mobile phone? What if you could do this 24 hours a day, 7 days a week, 365 days of the year without ever needing to worry about the cost?" http://bluebroadcast.com/

Does this mean that the service is non-stop and un-relentless? Certain Bloggers have commented that it could be seen as Bluetooth spam or that the unsolicited sending of Bluetooth ads is annoying.

On the Happy Packages Project we're finding that Bluetooth sending/receiving should be a choice made by the consumer, otherwise you could induce Pervasive Fatigue. The bluetooth node should be backed up with certain Peravsive Relations so the consumer makes a certain choice in their head before interacting with their device.

The Happy Fountains are being build on the fact that people can see there's a Bluetooth area around, what the daily theme is (movies, pictures, events) and that there's a black-list which won't re-offer the same content to those opt-ing out.

So are certain companies going over the top with their Bluetooth abilities and leaving people annoyed or should it be regulated more as the airwaves are being ordered un-regulated?