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Re: and I though it couldnt get any worse
So far as I know, the UBRs are DOCSIS sensitive (there are other experts who know the full skinny). 50 Mbps is DOCSIS 3 and use UBRs other than those used for 10/20 Mbps which I believe can share UBRs (DOCSIS 1.1).
I haven't moved to 50 Mbps from 20 because I prefer the capping (STM) to be in place to protect my average service.
The 50 Mbps service currently has no STM and so there is a subscription overload (IMO) that makes contention in some places very high as kids/students go mad with downloading, streaming or gaming.
To resolve contention is a balance that VM have to strike against their reputation, versus investment cost, versus STM policies. I'm quite sure that VM will look at a speed complaint, do their line test (probably with a QoS override from their IP address) and declare the line to be OK if they don't see unexpected attenuation or SNR. And that would be right. It's an "up to" service and to some extent a postcode lottery (see Manchester for details). VM know where they have to increase capacity (again see Manchester for details) and can choose between capping or infrastructure investment.
Hope that answer helps.
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