As to what was mentioned about the big boys not playing by the rules either, Most commercial radio stations (especially the top dog stations in small markets) have countless FCC violations, most commonly poor EAS functionality and interference to other operations both broadcast and non-broadcast related. They will almost never directly report an FCC violation of a pirate or competitor station, as they themselves would then have to "clean up" I have seen many stations (mostly translators) which run at several times legal power, AM sites which are abhorrently in disrepair not meeting FCC regulations or even fire safety code, and a complete disregard for any other broadcasters in the market (unless of course they are owned by the same big company).
To boot, most of the translators I have seen are sold in the community as the main market station, allowing the AM to become a more and more unreliable and poor quality signal. This is completely against the purpose of a translator, and yet, seems to illicit no negative response from the FCC or NAB.
on a second note, I wonder what would happen to a pirate operator who was caught if they had been running a sane and well controlled amount of power, with clean modulation, and monitored an EAS primary to actually participate in eas alerts and weekly tests? I am quite curious to whether the FCC could deem that pirate OPs action legally "harmful".