I thought my interpretation had to be wrong, thanks all for pointing out the flaw ;-). This does lead to a strange situation where it's perfectly OK to transmit data on all 50 channels, but not transmitting on some of them would would actually be a better situation isn't, but I suppose if they allowed it you could get more uneven spread of spectrum usage.
Problem I'm facing is I've designed a frequency hopping system for 868MHz using 8 channels and 25mW with < 1% duty cycle for a battery powered system. This means transmitting for, say, a short packet every 6 seconds. That would take 48 seconds for a fully cycle. I would like to extend that to 915MHz, but it appears I may have to use at least 50 channels (or 25, but then range might be compromised due to > 250kHz bandwidth criteria) which would extend that to 5 minutes for a full cycle. The number of channels isn't a problem in itself, it's how to get the receivers to lock to the sequence quickly and efficiently as they are also battery powered and holding them in receive mode for a full cycle or more is not particularly good, either for battery life or end user experience.
I've seen a reference in a document somewhere to being able to use one, or a small set, of frequencies for synchronization only and not for data, but haven't been able to find any official FCC guidelines for this approach. Ideally I'd like say 8 channels only for syncing (just in case the one I chose is blocked).
Mark.