That was not particularly obvious in the first draft of these regulations, however. :-)
Also note that it isn't at all clear how they propose to allow for limited hacking of routers...once you can modify firmware, all bets are off, and increasing power or moving transmissions to a non-standard channel are part of the possibilities. I can easily imagine good-faith reasons to do so (a programmer in the US that is testing code that will deployed in other parts of the globe with different channel/power rules, for instance).
It's all well and good to say this is the purpose of their rules. I don't believe there's a technological way for them to differentiate between modifying the firmware and not modifying radio characteristics...currently that restriction is a norm of the community, and adding a legal layer to the norm strikes me as being ripe for selective enforcement and other badness.
I'm glad they recognize the issue. I hope they realize all of the other ones.
Jason Griffey
Fellow, Berkman Center for Internet & Society
Harvard University