Channel 40 cannot set under 11ac 80MHz

This thread might be very helpful: Linksys WRT3200ACM only transmits with 20 MHz on the AC radio

It addresses:

  • Why you see 36 when set to 80 MHz
  • Information regarding DFS and regulatory settings

Incorrect, many countries require DFS, not just the US-FCC. Changing some radio configurations (e.g. DFS) can cause your device to transmit with a configuration that is illegal, causes interference, etc.

If you're allowed to use WiFi without DFS in your nation, that will be configured by changing the country setting.