Earlier quoted context omitted.
The FCC is certainly the problem in this case. If someone modifies the product to break the law the person is at fault not the manufacturer. That someone could do modify their radio to do bad things shouldn't stop me from modifying mine to do good things.
Would you also say that Uber doesn't violate taxi laws or AirBNB doesn't violate zoning laws, and it's just the Uber drivers and AirBNB hosts who are using the products to violate the law? What's your responsibility when you hand someone a loaded gun and it goes off?
Zero, as long as the person:
(1) Knew it was loaded
(2) Voluntarily accepted to receive the gun.