Right, and as such, they have to run at half power until I don't remember what condition is met, it's been a while since I've seen that document.
Nope, has nothing to do with it. Here is the verbiage straight off their Construction Permit. If they are running programming under the CP, they are operating at their authorized power under Program Test Authority:
Special operating conditions or restrictions:
4. BEFORE PROGRAM TESTS ARE AUTHORIZED, permittee/licensee shall submit
an affidavit that the installation of the directional antenna system
was overseen by a qualified engineer. This affidavit shall include
a certification by the engineer that the antenna was installed
pursuant to the manufacturer's instructions and list the qualifica-
tions of the certifying engineer.
5. The relative field strength of neither the measured horizontally nor
vertically polarized radiation component shall exceed at any azimuth
the value indicated on the composite radiation pattern authorized by
this construction permit.
A relative field strength of 1.0 on the composite radiation pattern
herein authorized corresponds to the following effective radiated
power:
37.0 kilowatts.
Principal minima and their associated field strength limits:
340 degrees True: 27.5 kilowatts
355 degrees True: 14.0 kilowatts
010 degrees True: 27.5 kilowatts