Ah, you are right. I had done a bunch of research on this about a year and a half ago and forgot that that was one of the reasons I abandoned the 433MHz process. You got me thinking about it again and I totally glossed over that stuff. I had actually wrote Anaren on Saturday to see why they didn't have FCC pre-certification for their 433MHz AIR parts (like they do for their 915MHz), and this was their response (hint: it plays RIGHT into what you were saying):
In my case, it won't be event driven in the pure sense, it will be reporting in on a set time interval. So if I remember correctly, it didn't seem to keep with the essence of what the FCC wanted to see in that band.
So in the end, I guess that gets me back into the 915MHz band, right?
I got that Anaren response on the same day (Saturday) and when I asked it. The couple of times I wanted clarification or some more information from them that isn't in the datasheet, they have been very responsive and accommodating. I've been highly impressed.