Interesting. Isn't such firmware able to initiate unlawful transmissions? How are they going to deal with this new FCC goodness?
The EU laws say that while a normal user shouldn’t be able to make unlawful transmissions, the manufacturer may NOT prevent the customer from installing alternative software (like openwrt) just to fulfil the first requirement.
Basically, to conform with EU law, you have to violate US law, and the other way round.
And no, it's not mutually exclusive. In principle, it should be possible to enforce regulatory constraints in hardware. But then I guess you can forget about taking this hardware to another country, unless they make this hardware as smart (read: complex) as drivers currently are.