As others have pointed out, EMC testing often only considers typical use and this is not one.
Another thing is that regulations don't only consider radiated power. Constant-level spurious transmissions are sometimes tolerated to a higher degree compared to modulated ones (e.g. in some bands maximum allowed interference is determined by quasy-peak level, not power). This is exactly because modulated interference (which is what this produces) is more harmful to communications systems.
Another thing is that regulations don't only consider radiated power. Constant-level spurious transmissions are sometimes tolerated to a higher degree compared to modulated ones (e.g. in some bands maximum allowed interference is determined by quasy-peak level, not power). This is exactly because modulated interference (which is what this produces) is more harmful to communications systems.