I'm sure they are 100% aware.
And that's the issue:
They either forgot to apply for Part 90 on 700MHz (unlikely, especially since the radio was designed to support it)
Or, they specifically didn't apply for it since they knew it wouldn't pass.
Either one of the two scenarios doesn't bode well. It's a major red flag. I'd have a hard time justifying purchasing any of those until the product is fully proven in the field. No way I'd want to be an early adopter. That sounds like a major headache in the making, and maybe an orphaned product line in the not too distant future.
This product has been on the roadmap for many years now. I was looking at it back at IWCE in 2018. They've been slow in getting this to market, meantime parts of their product line are faltering. Sounds like they are making a Hail Mary pass to try and get a piece of the pie that Kenwood/EFJ, Tait, Harris and Motorola already have a bite out of.
Industry competition has really ramped up, and BK seems like they are trying to run in a race that most others have already completed. They may finish the race, but no way they'll place this late in the game.