The FCC could just, you know, respect the fact that we live in a representative democracy and that as unelected bureaucrats that don't get to invent new laws restricting the free behavior of the people. The FCC could lobby Congress to write a law implementing what they want, instead of trying to tyrannically decide for us what they think is best.
The problem, as /.ers from time out of mind have pointed out, is that Congress is bought and paid for by the telecom and cable TV industries - who are the very folks you're proposing the FCC ask them to regulate here. So - good luck with that.
It's important to understand that the American system of checks and balances is tripodal, and that the FCC is a quasi-independent function of the executive leg of that tripod. Congress makes the laws, but, by design, the executive branch implements those laws. One of the most important ways in which the executive branch performs that duty is by creating a regulatory framework that defines the specifics of how the laws Congress passes will be implemented. And it's absolutely vital to understand that the executive branch is not subordinate to Congress in this regard - and, for the checks and balances system to actually work, all three legs of the tripod have to push against each other. Congress must assert its authority to make law, the executive branch must assert its authority to parse and implement those laws, and the judicial branch must asset its authority to test the validity of those laws. When one branch allows itself to become subordinate to another - as happened with Congress during the Bush years - disaster inevitably ensues (Patriot Act, anyone?). So, in the absence of specific direction from Congress to the contrary, the FCC is absolutely within its mandate to change its mind about how to regulate a particular segment of the communications market in this country, just as Congress would be within its mandate to provide specific direction on the issue (and note my point above about who would most likely dictate Congress' lawmaking in this regard), and the judiciary would most definitely be within its mandate to rule on one, the other, or both assertions of authority.
It's messy, it's frustrating to observe, and it's inefficient as all hell, but it's the system we've got. And, bellyaching from those who dislike its outcomes in specific cases on specific issues, short of a serious Constitutional revamp, the system will continue to sort-of-work this way for the foreseeable future.