Is 5ghz limited by fcc rules and if so I wonder if they will change?
Of course it is limited by FCC rules. Also, they have changed, FCC just opened the UNI-I from 50mw max transmit power and indoor use only, to outdoor use and 1w, just like UNI-III is.
That said, no, the FCC is extremely unlikely to increase the limits beyond 1w. It won't help if they did anyway, most wifi clients EVEN IN LAPTOPS are limited to around 32mw of transmit power 2.4/5GHz. They are very power constrained. The base station being stronger doesn't really help, because you have power balance issues. Client can hear the base station, but the base station can't hear the client, so you can't have a working connection (at a minimum the client has to send ack packets to say it heard the transmissions, can't do that, can't have a working connection).
So unless you are bridging base stations, having the basestation more than about 2-3x stronger than the client doesn't really do anything at all.
Of course 5GHz is worse than 2.4GHz indoors. It is absorbed roughly twice as well as 2.4GHz. A typical 2x4 and 1/2" drywall indoor wall will attenuate a 2.4GHz signal about 4-5dB if the signal is roughly perpendicular. That means for 5Ghz it attenuates it roughly 7-8dB. Wireless signals also attenuate based on the inverse square law, that means for every doubling of distance (with NO obstructions) the signal is reduced 6dB.
So the wireless signal at 16ft and through a single wall is going to be around 10-11dB weaker than standing 8ft away and line of sight for 2.4GHz. For 5GHz it is going to be roughly 13-14dB weaker. Get two walls in the way and 24ft and you are talking 16-18dB weaker for 2.4GHz and around 20+dB weaker for 5Ghz.
It adds up quickly, especially when the signal is not passing perpendicular through the wall, or your body is in the way (which generates about 4-6dB of attenuation on 2.4GHz and 7-9dB in 5GHz), or furniture is in the way, the device is held at a bad angle, etc.
5GHz will always suck in doors. Outside though with no obstructions, it behaves roughly as well as 2.4GHz (atmospheric attenuation of 2.4GHz and 5GHz is extremely low. In bad weather, such as a heavy downpour or snow, 2.4GHz does outperform 5GHz as water absorbtion of microwaves peaks at around 21GHz, but even in a heavy blizzard or downpour, the amount of actual water between base station and client is pretty minimal, but it does reduce the signal some, 5Ghz a little more than 2.4GHz).
So 5GHz is generally going to be a same room, up to maybe 1-2 rooms away solution and 2.4GHz somewhat further. With my Archer C8 in my 2-story rancher (basement and main level), I get complete 5GHz coverage in my basement at good speeds. Its 1,000sq-ft basement with the router in one corner. To my tablet I can get about 5MB/sec in the worst spot (its an N150 adapter in the tablet). On my mainlevel, because there are more walls and the signal also has to go through the floor to get there, I have coverage over about half of my 1350sq-ft main level before the signal becomes unusable on 5GHz. I can cover my entire house on 2.4GHz, though at the further locations, not well.
If you centrally located the router on the main level, I could likely cover my entire house with 5GHz, if a bit slow in the further corners. So, over two levels, realistic coverage of maybe 2,000sq-ft on 5Ghz and call it 3,000sq-ft on 2.4GHz over two levels.
As for performance, don't know what to tell you. To my tablet I can get 88Mbps on 2.4GHz and 78Mbps on 5GHz (40MHz mode for both). To my laptop I can get 198Mbps on 2.4GHz 40MHz and 204Mbps on 5GHz 40MHz from my WDR3600. From my Acher C8 I get basically the same tablet performance (though better performance at long range on 2.4GHz and 5GHz), but my laptop I can get 228Mbps on 2.4GHz and 498Mbps on 5Ghz in the same room as the router.