[RF_Enthusiast]

It should be noted that the Portland pirate was interfering with a non-commercial licensed LPFM station on 90.3, and was operating on the same frequency as the digital signal of a non-commercial community broadcaster centered on 90.7. No commercial broadcast operators had a standing for a complaint in this case.

90.5 MHz to 90.6 MHz contained upper half of the pirate's analog signal, and the lower half of KBOO's digital signal, rendering KBOO's digital signal useless, and blocking all reception on some recievers.

To summarize, the pirate was operating on KBOO's licensed spectrum in the same area KBOO serves and blocking reception of KBOO. It would be a different argument if the pirate was not blocking out another broadcaster.