Current guidelines already include rc aircraft. The only difference here is 'commercial.' The FCC has guidelines for non-commercial use, but haven't done anything for commercial use.
And the "guidelines" they have for this non-commercial use of R/C planes that you're referring to says nothing of commercial or non-commercial use, and it's *advisory* -- not binding.
The FAA is basically just making up their rules as they go along, and they can't even bother to write them down so that people will know what the rules are. Instead, people get letters from the FAA saying that they're breaking the rules. Now, from that, people have sort of deduced what these unwritten rules are now, but it's still messed up.
Which is probably what prompted this ruling against the FAA