First of all, there are a couple of misconceptions to clear up.

The first is the first amendment argument. Since the dawn of radio regulation the federal government has NEVER accepted this as a valid reason for taking to the air without a license.

The primary reason for this is that the entire licensing system is based on "spectrum scarcity." That is, where there is a limited amount of space on the airwaves to speak, regulation via licensing is not only appropriate but essential to minimize the chance of interference (which would render the airwaves useless).

The disjunction between the law and reality is the fact that pirate stations have been around longer than licenses have, and for the most part they have not generated the "chaos" which is the fear that gives the government the authority to restrict access to the airwaves.

Secondly, the inter/intrastate argument is a nice try but hasn't been successful, either. Courts have continually ruled throughout the course of radio history and challenges to licensing that all radio communications (at least broadcast ones) are at some level interstate in nature: even though a microstation's signal might not cross state lines, its signal has the potential to interfere with other stations whose signals do cross state lines, thereby invoking FCC jurisdiction.

Now, don't get me wrong: I think the law sucks, and I think there needs to be major changes to the licensing system to allow true public access to the airwaves. However, you're fighting a long uphill battle - one that definitely needs to be waged, but one you really need to fully understand before stepping foot in a courtroom to defend rights that you don't have (yet).

I believe in the "Dunifer model" of working outside the regulations and laws, doing whatever it takes to proliferate microradio stations. It's that kind of pressure that pushed the FCC to even consider LPFM....and by their very existence - mostly interference-free - they demonstrate a fundamental fact: that the rationale of spectrum scarcity, which is the bedrock of the FCC's authority, is way, way overblown.

As to your hypothetical involving putting up a signal on an occupied frequency and broadcasting static: bad idea. Yes, the FCC could legally intervene, simply based on the fact that you'd be running a radio signal without proper license authority. The fact that you'd also be interfering with another licensed station would just make the punishment that much worse. Plus there is the fact that interfering with others is completely antithetical to what the microradio movement stands for - which is being responsible stewards of a resource regulated in the public's name which the public has no recourse to access accept extralegally.

The entire notion of "the public airwaves" in and of itself is a myth, but that's a rant for another day...Anyway, if anyone wants more info on the legal aspects of this feel free to e-mail me directly and I'll do what I can to help.