They were, but last I heard they had started on 102.1 HD3 to make it legal. I hope they aren't violating rules again when they should know how it's supposed to work now. They're a licensed broadcaster, and hopefully making money. It's a good idea to make money the ethical way. If that were my station I'd sure want to protect my station's license.
Technically Kbreeze is not the license holder so responsibility is not fully on them but they, along with license holder, should know the rules.