uhf

Can the FCC get mad at you for running a pirate UHF station if analog TV is commercially dead? Wikipedia says there are still a bunch of frequencies in use for non-TV purposes in the United States post-2009, with 2395–2400 MHz being labelled as amateur radio. There's no cite note describing what that means and some government PDF I found talking about was too verbose and stupid to understand, but based on the name it sounds like it could be allowed for anything. I once ran a pirate FM station using a Pi 3B+, so I think it would be cool to run a UHF station in case I ever get an old enough TV or Game Gear that can receive it.
Also, is it too late to update the StreetPass Mii Plaza on 3DS/2DS? Apparently the eShop closed down today and it's asking me for my eShop info to update it. My OG 3DS is up to date but my New 2DS XL isn't. It's modded so homebrew could possibly fix it.