[avian]

As others have pointed out, EMC testing often only considers typical use and this is not one.

Another thing is that regulations don't only consider radiated power. Constant-level spurious transmissions are sometimes tolerated to a higher degree compared to modulated ones (e.g. in some bands maximum allowed interference is determined by quasy-peak level, not power). This is exactly because modulated interference (which is what this produces) is more harmful to communications systems.