Earlier quoted context omitted.
I don't think that makes sense at all. One major part of Part 15 from the FCC covers this. A device would fall under the category as an intentional radiator in part 15.1. And in part 15.23, considered a home-built device. § 15.23 Home-built devices. (a) Equipment authorization is not required for devices that are not marketed, are not constructed from a kit, and are built in quantities of five or less for personal us…
The problem starts with the fact that the device doesn't have any way of showing that it was modified, and some of the frequencies involved are license-restricted (especially in 5GHz wifi bands - 2.4GHz is dumping ground free-for-all because of aircraft ovens anyway). So, let's say you modify something with your own firmware, break rules about ISM spectrum - or worse, mess with SDR hard enough you break some licensed…
And if this really was really the main issue, it seems pretty easy to just sign the firmware - I'm pretty sure many vendors do it already.