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Actually there are quite a few Part 15 stations using 1710 and to date, none have run afoul of the FCC. Having read the FCC rules it is apparent that you can run Part 15 operations on LW, and SW just at different power levels found on the MW band.
One problem that I do see is that they are using call letters currently in use at an AM station in Dayton, OH. Clear Channel station no less. They'd be wise to change to calls that are not currently in use or at the very least are not being used on the AM dial.
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