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I'd think a pirate wouldn't aim for anything above Channel 69, because that band is now crowded with radio and cell phone transmissions, and a pirate signal would be easily noticed due to the interference.
Realistically, if I were to set up a pirate station, I'd aim for VHF, because the signal would go farther. I'd also use an unoccupied channel, since one of the reasons for the switchover is that the digital stations will now be using the same 6 mhz bandwidth per channel formerly assigned to the analog stations.
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