However, as I was reasoning earlier, the manufacturer's responsibility lies in them honestly pursuing FCC certification in good faith for their designs and sticking to those designs. The FCC's responsibilities include making sure that it is not certifying non-compliant designs. The licensed individual's responsibilities, license by rule or by application, is to adhere to the parameters of relevant regulations.
With FCC certified hybrid bubble pack radios, I don't fault the manufacturers. Rather, I fault the FCC for certifying them and I fault the user for not reading and following the requirements.