Of course, commercially available SDRs can transmit in all sorts of bands including licensed ones if you write the code to do so, and there are plenty of open-source applications for SDR, so it’s not like it’s impossible to legally have open firmware for whatever chipsets (even cellular modems)…
It's one thing for geeks to do what they want with SDRs. It's another to get the certification to ship a real product.
There are ath9k wifi cards with open source firmware https://github.com/qca/open-ath9k-htc-firmware
I use these almost exclusively for laptops and routers, I keep ripping Intel wifi cards out of laptops and replacing them with ath9k cards.
Ever since I started doing so things "just work" - no more random disconnects, lockups, need-to-reboot-to-get-wifi-working-again etc.
Technology can be so nice if it's open.