8 made it unreasonable for firms investing in provision of internet access to think that the Commission would persist in its longheld commitment. The Commission offered fierce resistance to the 9th Circuit decision, resistance that culminated in its success in Brand X. It seems odd, in this context, to discount firms’ reliance on the Commission’s own assiduously declared views. According to data that Commission itself uses, Order ¶ 2, broadband providers invested $343 billion1 during the five years after Brand X, from 2006 through 2010. This amounts to about $3,000 on average for every American household. U.S. Census Bureau, Quickfacts, https://www.census.gov/quickfacts/table/PST045215/00.2 For the Commission to ignore these sums as investment in reliance on its rules is to say it will give reliance interests zero weight. No one supposes that firms’ past investment in reliance on a set of rules should give them immunity to regulatory change. But Fox requires an agency at least to make a serious assessment of such reliance. The Commission has failed to do so. Broadband Investment – Historical Broadband Provider Capex, United States Telecom Association, available at https://www.ustelecom.org/broadband-industrystats/investment/historical-broadband-provider-capex. 1 2 This uses the average number of households between 2010 and 2014 (116 million), which gives an average of $2,951 per household. Between 2006 and 2010, there were fewer households, so the average is likely above $3,000 per household.