Rule making at federal agencies is governed by the Administrative Procedure Act. If the FCC intended to adopt a new rule at its December meeting, it would have had to issue a Notice of Proposed Rulemaking, have gone through the public comment period, and so on. Administrative rules which are adopted without following the governing statutes are void.
That may hve been true 3 years ago. We now have an administration that does not recognize those old fashioned laws.
Seriously, do you think rules/laws matter to these people? I think we have more than enough evidence to make the case that this isn't the case.