"1) It's not software, a radio is hardware. I'm not sure of the legality of using a "opened" Pro96 since it's outside the certification, but I wouldn't worry about it. The FCC has much bigger fries in the pan.
2) It did not change from 1.3 to 1.4, it was simply a different manufacturing process. All operations are identical.
3) Because it costs money, and serves no purpose. They will not release a brand new radio that has all the same features as the Pro96 but adds these missing ranges."
My #1 may be worded incorrectly, I meant Win96 software modifying the radio to ranges you apparently think the radio isn't certified for.
My #2 you misread, it states the current hardware is 1.3/1.4 (meaning either and they are the same). #2 also indicated mine was at one time 1.1 (meaning the CPU HAS physically changed), thus GRE/RS are already geared to do this.
My #3 you apparently misread also. It makes more sense to provide a new CPU (and board if needed) at market cost to users with capabilities to trunk track new (and growing) 380-400 and 764-800 ranges rather then build a completely new radio. If the CPU/w/board can solve the issue, the end user can do it (again at market price) without sending the radio in for the fix.
The consumer alternative is Uniden which is already in the market for these ranges.