From the newsletter:
MSS also requested a Further Notice of Proposed Rule Making with respect to
digital-to-analog (D/A) devices. Marcus predicted that if high-power,
high-speed D/A converters with antenna-like connectors ever became readily
available, it could bypass the entire FCC equipment certification program
and open the door to D/A-equipped computers capable of operating on any
frequency. The FCC declined to act on Marcus's request, saying MSS did not
"demonstrate any current need for regulation of D/A converters."
This is a big So What? Non-D/A devices can do this now (at least within their over all frequency capability). Just about every radio sold has some "cut a trace" or clip a diode" type mod that opens up the frequency coverage. How is this any different than making a code change in an SDR? It's still illegal to operate hams to operate outside ham band, regardless the radio they use to do it.
Looks like the FCC did the right thing.