Ok, enough speculation. Look here for the story on how this all got started:
http://kyes.info/engineering/linklist/kznddocs/kznd.html
KZND-LP was an LPTV in Anchorage, AK. My friend Jeremy was reading the FCC rules one day long ago and found that part 74 rules are not the same as part 73 rules. The rules, oddly enough, allow things when they don't specifically say that things are not allowed. Separate programming for aural and visual carriers, maximum power of 3KW on VHF, with nothing specific said about visual or aural power. 75 khz deviation, stereo pilot, whatever. And in the documents you will find at the link above, the FCC decided that as long as there was both visual and aural programming, the LPTV could do what it wanted to. End of story.
Just because nobody had figured this out before and that some broadcasters became upset at a new competitor means very little. Read the rules yourselves, and then get back to the FCC about how you don't like the way they are written. Oh, and good luck with that.
When the LPTV digital rules are established and analog LPTV goes away, it will change. But for now, welcome to the way it is. By the way, I built the LPTV 6 station here on Kaua`i in 2003. It's 3KW on Ch. 6, has separate visual and aural programming, and made one of the local FM stations pretty mad at first. Nothing I can do about that, however.