Congress does not need a launching point from the FCC; Congress can pass whatever law they want, whenever they want. It might later be found to be unconstitutional, but until then it will be the law.
Congress can overrule the FCC; the FCC cannot overrule Congress. That's why the "lawful" language in FCC rules does not matter much.
Congress can overrule the FCC; the FCC cannot overrule Congress. That's why the "lawful" language in FCC rules does not matter much.