RE: Radio tuned for channel 38
With transmitters, they are tuned to their specific channel. If you change the channel, it's possible that the transmitter's output is off-channel slightly, or even "splattering" across several channels. The only way to check is to use a spectrum analyzer to see the actual output spread. The farther apart the two channels are, the greater the potential difficulty.
That's why the FCC has the prohibition.