The point is that the executive branch has substantial flexibility in how they comply with the law. The prudent approach is to make the action of listening to the voice or decoding the data into a usable fashion illegal (so that someone listening can be criminally charged). But, even that law would be foolish because recording laws already require at least 1 party consent, so it's already covered under longstanding wiretapping laws. Forcing American receiver manufacturers to block certain band spectrums and make their hardware so the receiver can't be modified is incredibly foolish. Anyone who really wants to listen to the cell voice traffic will do so despite the handcuffs on the receiver marketers. Sure, maybe it keeps the naive or ignorant (i.e. kids) from listening, but education would be a better approach for preventing that demographic from listening to cell phone calls. Frankly, it's all foolish anyways since an untold number of government agents and contractors can listen.
The FCC could modify their rules, but they aren't going to spend the time or political capital to benefit a group that they deem to be small and insignificant. Uniden isn't a big enough lobbyist, and you aren't a big enough donor. I am not sure which congressman might have any sway or interest in the FCC.
This is just another reason why regulations are bad. No matter how well intended, they hardly ever solve the problem they were designed to prevent, and they almost always punish certain individuals and industries (and, by the way, the diminished societal welfare makes almost ALL of us marginally worse off). This is demonstrated by the fact that someone can buy a receiver for less than $10 from China and receive the same bands that an 'evil corporation'in America is forced to block. Nothing practical is accomplished, yet it is a huge cost to American companies, the American job market, and our economy.
And despite what the hardware costs may or may not be (I bet it actually is more expensive to produce, and legal overhead must also be considered), there are additional costs to the corporation due to complying with the regulation. For example, as mentioned here, the product is not as competitive overseas since other receivers cover bands that are valuable elsewhere but illegal in the U.S. This means that not as many units are sold, and we end up paying more. Fewer people are employed in this country because of this regulation. Additionally, end users are worse off too. A lot of people like receiving the aircraft signals in the ranges not carried by the Uniden scanner. Sure, I suppose they could add those in, but, apparently, with the cell band regulations, it just didn't make financial sense. Meanwhile, someone has to buy an extra receiver to hear 1090gHz, for example.
Addition: The current regulation is the equivalent of banning all speakers manufactured or marketed in the U.S. because someone might use the speaker to open a copper telephone line pedestal and listen to someone's phone conversation. Should we ban all speakers?
Huge thanks to UPMan for going to Washington to work on correcting bad policy. When was the last time the rest of you went to a public meeting, corresponded with an elected official, or met with a government administrator?