You don't know what you're talking about. The rules went into effect January 3rd: https://www.federalregister.gov/documents/2016/12/02/2016-28...

They used the Congressional Review Act to strike it down, which requires that it be a new federal regulation: https://en.wikipedia.org/wiki/Congressional_Review_Act

The CRA includes this, too, so the FCC can no longer do anything about it without a new law passed by Congress:

Once a rule is thus repealed, the CRA also prohibits the reissuing of the rule in substantially the same form or the issuing of a new rule that is substantially the same, "unless the reissued or new rule is specifically authorized by a law enacted after the date of the joint resolution disapproving the original rule"