Earlier quoted context omitted.
FCC doesn't prevent you from opening the firmware (now, trade secrets inside is another thing) - they just do not allow unlicensed devices i.e. you can't just build your own radio firmware and have it operate legally.
So open firmware from the manufacturer is fine, but if you were to modify it and re-flash it yourself you would be breaking the law? I guess that makes sense, thanks for the clarification!
With significant portion of the regulated behaviour being done in software, things can become a bit problematic if the end user can load any code they want. This is also why "BIOS whitelists" exist, as the certification applies to the whole radio equipment, which means the certification must cover the antenna - and those are built into laptops, meaning you can't certify the cards separately as their exact characteristics depend on the connected antennas.