AT&T is a telecom company, so I can see how the FCC got them to dance for you.I'll post the response from the FCC - if I get one. They've been very helpful to me in the past - ATT did a 180 after they were contacted on my behalf.
As far as I can tell, the FCC has zero regulatory abilities when it comes to email.
http://en.wikipedia.org/wiki/FCCThe FCC was established by the Communications Act of 1934 as the successor to the Federal Radio Commission and is charged with regulating all non-Federal Government use of the radio spectrum (including radio and television broadcasting), and all interstate telecommunications (wire, satellite and cable) as well as all international communications that originate or terminate in the United States. It is an important factor in US telecommunication policy. The FCC took over wire communication regulation from the Interstate Commerce Commission.