This discussion just keeps going round in circles, thread after thread. The following post, in one of many recent discussions on the same subject, sums up the FCC regs pretty well:
http://www.rcuniverse.com/forum/fb.asp?m=3256728
The bottom line is Joe Sixpack can't change the Tx crystal. There are a few misguided individuals who think otherwise, and no amount of discussion is going to change the regs or the minds of those who choose to (mis)interpret them to suit their own opinion.