7 regulations on coal-fired power plants very well might spur investment in energy by making legacy coal-fired plants less feasible to operate, thus encouraging investment in renewable energy to replace them. But that tells us little about whether the prior regulations on coal-fired plants and their alternatives, adjusted in light of reasonably foreseeable change, had a material impact on prior energy investments. The Commission also argues that “the regulatory history regarding the classification of broadband Internet access service would not provide a reasonable basis for assuming that the service would receive sustained treatment as an information service in any event.” Order ¶ 360. In short, the Commission says that reliance was not reasonable. The statement misreads the history of the classification of broadband. In March 2002, the Commission classified cable broadband as an information service, see In the Matter of Inquiry Concerning High-Speed Access to the Internet over Cable and Other Facilities (the “Cable Modem Declaratory Ruling”), 17 F.C.C. Rcd. 4798 (2002); soon after that Order was affirmed by the Supreme Court in National Cable & Telecommunications Ass’n v. Brand X Internet Service, 545 U.S. 967 (2005), the Commission reclassified the transmission component of DSL service as an information service as well. See Appropriate Framework for Broadband Access to the Internet Over Wireline Facilities et al. (the “Wireline Broadband Classification Order”), 20 F.C.C. Rcd. 14853 (2005). The Commission continued to hold that view until 2010, when in the 2010 Notice, Notice of Inquiry, Framework for Broadband Internet Service, 25 F.C.C. Rcd. 7866 (2010), it sought comment on reclassification (though rejecting it in the ultimate 2010 Order). I’m puzzled at the Commission’s implicit claim, Order ¶ 360, that judicial uncertainly—dating back to the 9th Circuit’s 2000 decision in AT&T Corp. v. City of Portland, 216 F.3d 871 (9th Cir. 2000), reading the statute to compel classification as a telecommunications service—