Why can Virgin use the 'up to' clause
I understand why ADSL providers can specify the 'up to' clause as they have no control over the so called 'last mile' of cable into the home but with Virgin Media, the entire network, including the 'final mile' (which is copper, not optic fibre) is under their control. If the line into the home cannot support the advertised speed, it is VM's responsibility to rectify it.
I've recently left VM, I was on the 20MBit connection and would only receive those speeds in the early hours of the morning. After work, speeds would drop to less than half a megabit. This is testing speeds from VM's servers over VM's network. VM's solution was to just keep replacing the cable modem hoping I would get fed up and leave them alone. I did get fed up and left them. VM use the 'up to' clause to massively oversubscribe the UBR's and then say it's out of our control, we do say you'll receive 'up to' 20Mbit.
I'm now with TalkTalk and have added their 'speed boost' addon and am receiving 15-16Mbit all day and night! Now they have kicked Phorm out of bed, I'm more than happy to stay with them.


