You are right.
http://reboot.fcc.gov/spectrumdashboard/searchSpectrum.seamSo here is the plan- we jam a frequency of a local TV-station, nobody views, who is just sitting on the spectrum for license worth.
After proofing for one year and one day, that nobody listened to it and nobody cared- we pronounce that this spectrum is unclaimed and should be returned to the government to be auctioned off.
Under normal circumstances this should not go through legally- but hey, there is booty,
there is a government in debt and
there are interested parties.
Its the perfect storm and just having legal rights - didn't help the native Americans either, didn't it?
Come to think of it- maybe planning the heist in public was - ill advised.