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Will
Lv 5
Will asked in Politics & GovernmentLaw & Ethics · 7 years ago

Is it legal for an ISP to offer one speed and only provide it part of the time?

My internet service provider markets several tiers of bandwidth (1.5 mb/s, 6 mb/s, and 15 mb/s). For the last few months, I have been noticing that all downloads will start at 700-800 kbyte/s for the first 5 - 10 mbyte and then drop to 300-400 kbyte/s for the duration.

After extensive testing and a heated call to my isp's main office, they admitted to me that their standard (but unstated) network policy is to provide as close to purchased speeds as possible for "web browsing", but half of purchased speed for sustained data transfers (downloads, streaming video, etc). Hence the 5-10 mb at full purchased speed and then sustained half speeds.

Is this practice legal in Texas and is there any point in pursuing other courses of action?

And switching ISPs is not an option. In my area, its either dial up, them, or sat based with a relatively low data cap.

Update:

In addition, their primary excuse was that the website stated "speeds up to 6 mbit/s".

3 Answers

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  • ?
    Lv 7
    7 years ago
    Favorite Answer

    If switching ISPs is not an option there's is not much you can do other than contacting what agency that governs them. I wouldn't hold your breath because I'm sure your ISP has a way out in this as I'm sure your not the first to complain.

    ..

  • Yeti
    Lv 7
    7 years ago

    Ideally your speeds should at least be above the next lowest range. In other words, if you purchased "up to" 6mbps speed, I'd expect the majority of the time to at least get above 1.5mbps.

    If you're not getting that, I'd be talking to them about why they're charging you for a higher tier if they're not providing it. That's the main area where they'd have legal concerns. Some ISPs will also point out that your speeds can vary if you're sharing bandwidth with others in the neighborhood, and it may simply be the time of day that's the problem.

  • ?
    Lv 7
    7 years ago

    No, it's the old "bait and switch"

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