The FCC was mostly concerned about DFS in that case, which only applies to the 5GHz spectrum, and is only applied by the AP in a wireless network.
Note that if you have a 5GHz wifi dongle, you'll see that the Linux regulatory framework will disallow running it in AP mode for this reason - almost all lack DFS.
Note that if you have a 5GHz wifi dongle, you'll see that the Linux regulatory framework will disallow running it in AP mode for this reason - almost all lack DFS.