Kevin Graeme wrote:
> 
> My understanding though is that by going to the tiered plan, they have
> imposed on themselves an implied warranty of service. If they provide
> the customer less than they pay for, and it amounts to the same level
> of service as to a customer paying on a lower tier, then they are in
> breach of contract because they are no longer providing the level of
> service the higher paying customer is paying the premium to receive.

You might want to read up on overbooking and QoS in ATM networks:
http://en.wikipedia.org/wiki/Asynchronous_Transfer_Mode#Using_cells_and_virtual_circuits_for_traffic_engineering

Then compare that with the folowing text which comes directly from the intranet 
of a Dutch DSL telco and describes their consumer offer:

<quote>
DSL Access and Transport
The DSL Access and transport network will provision and carry the ATM circuit 
and therefore the IP traffic to the aggregator. The DSL Access and transport 
consist of the following components:
1. DSLAM port (ATU-C)
2. ATM Transport capacity
3. Transport Network
4. Connection on aggregator
5. Central connection at Interconnection point

DSLAM port (ATU-C)
The ATL will be connected to the DSLAM port at the appropriated CO. The 
Wholesale customer will select the End-user Access Speed. The following access 
speeds are available:
Connection Type Downstream Upstream
ADSL            2-8 Mbps   512 Kbps
ADSL              2 Mbps   512 Kbps
ADSL              1 Mbps   512 Kbps
ADSL            512 Kbps   256 Kbps
(Line conditions may limit the maximum achievable speed)

ATM Transport capacity
For every End-user connection telco will configure a PVC relation in the ATM 
network. The PVC is provisioned between End-user and the aggregator. Only one 
PVC will be available per End-user. The ATM circuit provisioned by telco will 
depend on the service:
Connection Type Downstream ATM UBR PCR Upstream ATM UBR PCR
ADSL            2-8 Mbps               512 Kbps
ADSL            2 Mbps                 512 Kbps
ADSL            1 Mbps                 512 Kbps
ADSL          512 Kbps                 256 Kbps

The service will reserve 1/25th of the DSL Access Speed in the ATM network. 
Above 2 Mbps downstream there is no reservation of 1/25th of the DSL Access 
Speed in the ATM network 2 (only relevant for the ADSL 2-8 Mbps). Downstream is 
from the interconnection point to the End-user. 

Transport Network
The ATM network will be the transport network for the Service. The service will 
be provisioned with an ATM UBR service. The Unspecified Bit Rate (UBR) service 
category is a "best effort" service intended for non-critical applications, 
which do not require tightly constrained delay and delay variation; or a 
specified quality of service. The following table represents the target quality 
parameters of the service:
Performance Parameter Target value
Latency               < 20 ms
Packet loss           < 1%
Reserved Throughput   1/25 of DSLAM Access Speed (till max. 1/25 th of 2 Mbps)
</quote>


So the deal is that you get a guaranteed bandwidth of 1/25th of the peak 
capacity that is in the contract. You are allowed to fill it to peak capacity, 
but there are no guarantees. Another Dutch telco aims for a 1/40 ratio for 
their consumer product. And you know the funny thing: typically this is enough. 
Yes, people typically use less than 2% of the niominal bandwidth.

Compare this to the contract you signed up with. You still think your company 
would be in breach of contract if they only provide half the nominal bandwidth 
for a long time?

Jochem

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