>	Sorry for taking a day, but I've been busy and didn't immediately
>notice you comments.  While I agree with many of your points, you have made
>at least a few errors in the last few couple of days;  As an example of the
>FCC specifically requiring a manufacturer to "restrict" software and drivers
>(NOTE: this IS an Atheros chip in question - in fact its an outstanding
>NetBSD PR) look at the documents (on the FCC site):
>
>	https://gullfoss2.fcc.gov/prod/oet/forms/blobs/retrieve.cgi?attachment_id=38
>8828&native_or_pdf=pdf

The key bits from this document are:

	If the manufacturer chooses to proceed forth by eliminating the
	channels in 5150-5250 MHz band for use in the United States, then we
	will require an attestation from the manufacturer (on D-Link
	letterhead) that states:

	"This device will not allow the end user to select channels in the
	5150-5250 MHz band. Software and/or drivers will not be provided to
	allow operation in these bands."

This is consistant with what Dave said earlier (notice that they specified
"end user").  The FCC _didn't_ say "You can't tell anyone how to program
this hardware to transmit in that band".

--Ken