Netgear R7800 Transmit Power Question

I am running OpenWrt 19.07.3. I am located in the US. From what I read, in allocation UNII-1 the FCC now allows 1000mW transmit power ("New Rules" Oct. 2014). However, when I choose channels 36-48, my router allows max power of 23dB (199mW). Does the driver needs updating, or is there another reason? Thanks for your advice.

Because a license is required?