I recently sent an inquiry to the FCC about this. They replied and said they are clarifying the definition of “evaluation kit”. Here is the link to the relevant changes:
http://transition.fcc.gov/Daily_Releases/Daily_Business/2013/db0131/FCC-13-15A1.txt
If you search the text for “evaluation kits”, you will find the relavant portions. Here is the most relevant portion:
Federal Communications Commission FCC 13-15 53 141. Decision. There was no opposition to the proposal to modify Section 2.803 to allow for the sale of evaluation kits, provided that notification to the buyer is provided regarding the authorization status of the component. Accordingly, we adopt that proposal. In doing so, we note, as pointed out by TIA and the Semiconductor Industry Association, that not all sales of evaluation kits are prohibited by the rules. However, our action here removes any ambiguity that may exist over which kits fell into the prohibited category, thus simplifying our regulations for the benefit of continued innovation.