...ebay for a profit.

Altering those parameters could very easily adversely affect nearby wi-fi networks.

Major, wake up.

This is a bureaucratic power grab, plain and simple.

Far more signal strength allowed with an Intentional Radiator operating in it's Band than a Unintentional is allowed.
Also Frequencies/Power Levels vary by country. The software on some devices changes the frequency and power settings dependent upon where you tell the device it is located. Then if it can also run up in the BRAN frequencies there is the detection and non-interference with Radar signals which software changes could also modify.

It will work itself out. The FCC's rules are squarely aimed at ensuring that a new router is certified so that the firmware cannot be altered to allow operation on unlicensed bands and/or channels, excessive power, or non-permitted protocols. "DIY" firmware like DD-WRT, OpenWRT and others generally don't tout the ability to increase transmit power or use non-permitted channels as being the reason for its existence. Router manufacturers who tolerate (or in some cases even embrace) the DIYer will design their systems to lock down the radio part but will open up the rest of it for hobbyists to tinker away with it as much as they please. Some manufacturers like NetGear, Asus and Buffalo actually build DD-WRT into their routers

Yes, the FCC rules do need updating since software defined radios are the norm. I think the FCC will bear in mind the comments and adjust the rule making enough so that the hobbyists who are modifying the non-radio parts of radio devices will still be able to on newly certified devices and are not stuck with a huge heap of parts that'll just get traded around on ebay and whatnot.

This sounds more like those claims awhile back that stated that hobby programming was soon going to become illegal.

The FCC rules themselves seem rather stupid though. Anyone who has the ability and desire to make such modifications, probably also has the ability and desire to build whatever they want. It just seems like a rule that catches a few edge cases that have little consequence overall.

So long as the device isn't altered to put it outside certification parameters, they could care less what someone does with it.