50-52dBmV upstream transmit power is absolutely fine. Due to variations in distance from amplification, etc, it's not possible to have all modems at 40dBmV.
Quick FYI:
T3s usually don't cause transmit power to increase, the only time transmit power is increased due to CMTS not responding is during initial ranging, after this every time the modem transmits a range request and doesn't get a response back within 200ms the T3 counter is incremented but the modem does not increase transmit power. Once the modem has ranged and come online this only happens when the modem is told to in the range-response from the CMTS.
Here check this out:
http://www.dslreports.com/faq/comcast/2.1_Modems
Scroll to the bottom for the timeouts.
Also
http://bradyvolpe.com/2009/03/03/doc...n-maintenance/