I have absolutely no problems with' up to' advertising. The speed will vary. I have a felling cable cos will simply advertise service as a lower tier but charge the same. Or they can just call it 'broadband' service, make a single tier for everyone and charge the max rate.
That works too.
If people bitch now imagine paying $50/mo for a 'fuzzy tier' with no defined speeds at all where you can't even call in for slow speed issues. -- I speak for myself, not my employer.