It actually wouldn't surprise me if the owner was a small town radio guy who honestly didn't know he couldn't run both at the same time.
I mention this because of a story that was conveyed to me recently from over in Alabama. A few years ago a station in the town of Opp got a CP to move up to 100,000 watts, which would have affected the only FM in Wilcox County, in the town of Camden because they were co-channel. The owner of THAT station said he didn't understand why he couldn't
also go to 100,000 watts,
on the same frequency, and they couldn't "share the channel".
Seriously. He had no idea about channel spacing or power requirements or
anything. At the time this happened, it was discovered that he was operating from an unlicensed site with a 12-bay antenna, completely out of compliance with his license, and covering a whole heck of a lot more territory than he should have been.
If you were an engineer who came across this, would you flee or try to set him straight? As far as I know, the Camden station is still running too much power into their big antenna from the wrong tower.
Obviously the majority of small operators are versed in the rules and regulations, but if this guy could get away with this mindset for a decade or better, no telling what other owners think they can do
!