The FCC typically doesn't do this testing directly. Private labs perform these test on samples. Just because one sample passes doesn't mean all units sold will meet the requirements. When it was found that some subset the GE ballasts were stomping on the VZ frequency, which they paid the FED Gov billions for, GE came up with a fix and a control plan. Under FCC rules, the end user is responsible for any emissions from any device. Once the end user is notified of a problem, the end user needs to cease the interference.
The problem here is that E&Y want GE to pay before they fix anything. The FCC and VZ just want the interference to go away. GE has suggested remediation, but E&Y are simply being butt heads and it's going to cost them.
Look at it this way, let's say you bought a product, that because it was damaged in shipping (say a RF seam opened because it was dropped), wiped out you neighbors satellite receiver when you used it. the neighbor kvetches to the FCC somebody is interfering with their sat. The FCC figures it out and knocks on your door. They tell you to turn off your device and never use it again. you being a reasonable person does this THEN contacts the company for a replacement or refund. An ass keeps using it and then gets his panties in a twist when he gets fined.