NATO said:
I'm a hardware engineer, I have been for the past 15 years, any change in previously submitted hardware configuration has to go through FCC certification again, even if the change is minor, if it has anything to do with transmitted radio frequency, it has to go through cert, even if the power increase was minimal, it effects the previously certified range, and thus makes the current fcc certification invalid. The testing checks that the operating range is within certified limits, any changes to the base configuration requires that these changes be certified again, even if it's a no-brainer that they would still be within regulation. |
Point is that we don't know details, so definitely you can't say "Nintendo cant do that". Maybe those faulty Joy Cons are running at lower range than other Switch consoles and at lower range than for which Nintendo filed certification.