If I'm interpreting you correctly, you can totally sue the FCC for matters like this, and in fact, people are doing just that. [1]
1: https://arstechnica.com/tech-policy/2017/12/state-attorneys-...
1: https://arstechnica.com/tech-policy/2017/12/state-attorneys-...
That makes it sound like you can sue the FCC for not meeting their legal obligations here. Is that viable?