49 30 FCC Rcd. at 5760 ¶ 360 & n.986; id. at 5792 ¶ 412. We also disagree with the partial dissent’s assertion that the Commission “misread[] the history of the classification of broadband” when it found that the unsettled regulatory treatment of broadband likely diminished the extent of investors’ reliance on the prior classification. Concurring & Dissenting Op. at 7. As explained above, supra at 13–16, the Commission classified broadband for the first time in 1998, when it determined that the phone lines used in DSL service qualified as a telecommunications service. See Advanced Services Order, 13 FCC Rcd. at 24,014 ¶ 3, 24,029–30 ¶¶ 35– 36. Then, in 2002 the Commission classified cable broadband service as an information service, see Cable Broadband Order, 17 FCC Rcd. at 4823 ¶¶ 39–40, a classification that was challenged and not definitively settled until 2005 when the Supreme Court decided Brand X. Only five years later, the Commission sought public comment on whether it should reverse course and classify broadband as a telecommunications service. See In re Framework for Broadband Internet Service, 25 FCC Rcd. at 7867 ¶ 2. Given this shifting regulatory treatment, it was not unreasonable for the Commission to conclude that broadband’s particular classification was less important to investors than increased demand. Contrary to our colleague, “[w]e see no reason to second guess these factual determinations, since the court properly defers to policy determinations invoking the [agency’s] expertise in evaluating complex market conditions.” Gas Transmission Northwest Corp. v. FERC, 504 F.3d 1318, 1322 (D.C. Cir. 2007) (internal quotation marks and alteration omitted). 3. Finally, we consider US Telecom’s argument that the Commission could not reclassify broadband without first determining that broadband providers were common carriers