That is right, but since almost no devices are on older firmware, it is fine to just leave it at the default 2.x.
You determine if there are bugs by testing your channel on that hardware. You can still get them from various online places, Amazon for example, or for sale on eBay. If you submit a channel that has not been tested on that hardware and we find a bug we'll tell you. Most common issue I see with 3.x hardware is the grid screen bleeding through onto your video playback, which can be avoided by caching your data in an array, destroying your grid before showing a Springboard and playing video, and recreating the grid from the array when you return from the springboard that launched the video.
- Joel