Keep in mind that for stations only (e.g. mobile devices most of the time), the rules are relaxed: if the station sees an AP operating on some channel, it is allowed to assume that it can operate on that channel. And of course passively scanning a channel to check for the presence of an AP is not transmitting, so no regulatory problem there.
But don't worry, for 6 GHz the FCC has come up with even more insane stuff: if you want to unlock more channels and power, your AP will have to (1) geolocate itself and (2) contact a central server to determine regulatory restrictions for that location. They are calling this Automatic Frequency Coordination (AFC). See page 13 of https://docs.fcc.gov/public/attachments/DOC-363490A1.pdf:
> We will require the AFC to use a centralized model where each standard-power access
point remotely accesses an AFC to obtain a list of available frequency ranges in which it is permitted to
operate and the maximum permissible power in each frequency range
But don't worry, for 6 GHz the FCC has come up with even more insane stuff: if you want to unlock more channels and power, your AP will have to (1) geolocate itself and (2) contact a central server to determine regulatory restrictions for that location. They are calling this Automatic Frequency Coordination (AFC). See page 13 of https://docs.fcc.gov/public/attachments/DOC-363490A1.pdf:
> We will require the AFC to use a centralized model where each standard-power access point remotely accesses an AFC to obtain a list of available frequency ranges in which it is permitted to operate and the maximum permissible power in each frequency range