It seems the ath9k driver restricts you to the region programmed in the card 
EEPROM, and many (most?) just have it
set to "world" which is the subset of frequencies that are permitted 
everywhere. 

There's a patch to add a regulatory domain override switch at 
http://patches.aircrack-ng.org/ath9k_regdomain_override.patch which looks like 
it should help but iwlist freq
still doesn't list the 5 GHz frequencies for me. 

(the patch didn't compile cleanly with latest wireless-compat for me, changed 
the line where
it errors out to say "common->regulatory.current_rd = 
modparam_override_eeprom_regdomain")

So assuming the bug is with the EEPROM there are two bugs here:

1) failure to provide any indication that the ath9k driver is imposing
additional restrictions

2) failure to provide an override for the bad EEPROM

-- 
ath9k - karmic - no 5GHz networks
https://bugs.launchpad.net/bugs/429748
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