They ( FCC) have been spanked a lot by Rangers Lawyer, I think you would have to see some restrictions on Yaesu, Kenwood, and Icom if they are going to enforce the "rule`s" fairly.
The Idea "Should" be to Stop Blaming the Equipment for Operating out of Specifications , Blame The Operator.
Apply the FCC standard to something in everyday life.
Most Car`s are very capable of exceeding 80/100 MPH.
So, Instead of Issuing Traffic tickets, we should force all car Mfg`s to limit the top speed of any car built, or imported to The US to not exceed 55 MPH, and if they do we fine them.
73
Jeff