The problem is that eBay employees are the judge here. Do you think they are going to have enough expert domain knowledge to know the difference? Do you think they will error on the side of banning anything RF or allow things and expose themselves to financial and legal liability?

The end result will be a ban in practice even if the meaning and spirit of the FCC regs would not. Because now eBay is the judge.

the FCC excludes regulating equipment that doesn't have a a clock above 9kHz but ebay doesn't know what that means