“In every other industry, giving your customers less than what they paid for is a very serious offense. ISPs should be held to the same standard, no matter how much they try to spin their way out of it.”

“Generally ISPs do not expressly guarantee advertised speeds, but rather may describe an advertised speed as an “up to” speed, suggesting that consumers can expect to experience performance up to the advertised speed, with actual performance varying based upon network conditions and other factors.”

http://transition.fcc.gov/cgb/measuringbroadbandreport/Measuring_U.S._-_Main_Report_Full.pdf