The Legal Loophole: "Up To" Speeds
Every ISP uses the phrase "up to." That two-word caveat legally allows them to deliver a fraction of marketed speed while staying compliant. The FCC's Measuring Broadband America report found ISPs delivered 82.3% of advertised download during peak hours — 95.8% off-peak. They can deliver full speed. They choose not to when congested.
Real Delivery by Connection Type (Our Data)
- Fiber (AT&T, Verizon Fios, Google Fiber): 91–97% of advertised. Lowest variability. Clear winner.
- Cable (Comcast, Charter): 68–79% during peak hours. Upload often only 40% of advertised.
- DSL (CenturyLink, Frontier): 45–65%. Heavily dependent on copper distance.
- Satellite (HughesNet, ViaSat): 5–15% for capped users.
How to Hold Your ISP Accountable With Data
- Run DCSpeedTest at 9PM, 5 consecutive days. Screenshot each result.
- Compare to your contract's exact advertised speed.
- If consistently below 80%: contact ISP, request credit or technician visit.
- File at consumercomplaints.fcc.gov — ISPs must respond within 30 days.
The Upload Speed Trap
Cable plans advertised as "300 Mbps" often deliver only 10–35 Mbps upload. Asymmetric speeds are legal but increasingly problematic for WFH users. Always check upload spec before signing a contract.
Frequently Asked Questions
How do I know if my ISP is delivering the speed I'm paying for?
Run a wired Ethernet speed test directly to your modem (bypassing your router) during off-peak hours (early morning). This removes all home network variables. If you get 80%+ of your advertised speed, your ISP is delivering. If you consistently get less than 80%, you have grounds to contact support with documented test results — the FCC's broadband labeling requirements set 80% of advertised speed during 80% of peak hours as the threshold for accurate marketing.
Why do ISPs say "up to" instead of guaranteeing a speed?
"Up to" is the legal framework that allows ISPs to advertise peak theoretical speeds rather than guaranteed minimums. The actual speed any subscriber receives depends on network congestion, distance from infrastructure, equipment quality, and time of day — all variables the ISP doesn't fully control. Since 2022, the FCC has pushed for standardized broadband nutrition labels that show typical speeds rather than maximum speeds, which better reflects what subscribers actually experience.