They're typically theoretical maximums ("[u][b]up to[/b][/u] x Mbps") and/or very likely do not take into consideration the quality (degradation of the line) from the last mile (this is a thing, look it up), demarcation point, and customer's equipment.
Edit: ISPs can't really place guarantees on the connection anyway (more-so ADSL - think about what the name means) since it's highly dependent upon factors outside of their own control (ie. transcontinental cables, server throughput, server bandwidth, etc...).
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ISP's can however not place overestimated speeds as advertisements for packages and plans.
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What would you consider an overestimate?
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When they advertise almost twice the speed you receive.
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Connected to where?
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What?
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Your computer is connected to one of Bungie's web servers right now. Do you want your ISP to advertise the speed you'll receive when connected to bungie.net or somewhere else?
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-.- No, I want them to advertise average speeds in my area when accessing popular sites and servers like Google, Facebook, and Netflix.
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Your ISP doesn't and cannot control those sites' infrastructure, though. So any guarantees they make would have to make assumptions about the huge number of variables beyond their control. For example, the quality of your equipment, the number of users and types of applications you're using, the quality and line use of your local exchange and/or neighbours, the quality and load of the infrastructure exiting your ISP's network, the condition of and load of third party infrastructure that may be used forwarding messages from your ISP's network to the destination, the possibility of crossing large distances (possibly across continents or oceans), the quality of the destination host's infrastructure, the current load of the destination's server(s), the internal speed at which your request can be properly satisfied, and then everything I've mentioned in reverse so the responses are sent back to you, [i]and then[/i] how long your device takes to process the responses. There are so many variables at play that estimating the speed is only going to be somewhat accurate if you can make near-absolute assumptions (or have the foreknowledge) about the state of every device and medium along the network path (and that's even assuming you could know which path your messages take) and the devices and applications being used (ie. when assessing "speed" are we looking at host-to-host "link speed", end-to-end speed, or the speed at which the user perceives it?).
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Thanks for the complicated info, though I did get your point.