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is 30 Mbps, or even 22 Mbps, acceptable when I'm paying for 45 Mbps?

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I'm in Campbell California (near San Jose). I recently upgraded my service "Hsia45 | Downstream speed up to 45.0 Mbps Power", the highest rate they offer me, either online or by asking a retention rep. I consistently see just over 30 Mbps down (e.g. 30.36) and just under 5 Mbps (e.g. 4.92) up. It doesn't matter whether I check http://att.com/speedtest or http://speedtest.net It doesn't change with time of day, or who else is home and what they're doing. It doesn't change when I'm on the patio with just a whiff of 2.4Ghz Wi-Fi, or whether I'm jacked directly into the RG with my MacBook Pro and its Thunderbolt II to Gigabit Ethernet adapter. The performance is so consistent, it looks exactly like a provisioning or configuration problem. I first talked to tech support, who walked me through all the usual diagnostics, and reset my line. They said it all works to spec, and from their end the provisioning looks like I should have 45 Mbps. I called customer service and asked them to downgrade my account from Power back to Max Turbo (24 Mbps), since I formerly got an honest 25, and the extra 5 or 6 isn't worth $10 per month. They said I'm locked into the 45 service because of the bundle and contract term I chose, and 45 Mbps service isn't considered degraded until it reaches 21 Mbps or worse. Has anyone else here had a similar problem? Gotten similar answers? If anyone is acquainted with the particulars, here's my setup and the diagnostic information I can see: The RG is a Pace 5268AC, Hardware Version 260-2173300 with Software Version 10.5.3.527165-att. The DSL status shows: DSL Line (Wire Pair) : Line 1 (inner pair) Type Down Up User Rate 32222 kbs 5047 kbs [This is suspiciously consistent with the performance I see] Max User Rate 74436 kbs 22468 kbs [This seems to indicate I could be seeing much better] Noise Margin 21.1 dB 21.0 dB Attenuation 16.2 dB 18.1 dB Output Power 11.8 dBm -2.9 dBm Protocol G.993.2_17a Channel Interleaved DSLAM Vendor Information Country {46336} Vendor {BDCM} Specific {42213 } Rate Cap 86006 kbs Attenuation @ 300kHz 7.1 dB Required Impulse Noise Protection 2 VCXO Frequency Offset -26.0 ppm Ok Excessive Impulse Noise 0 Ok The link stats show all the error counters at 0 except: Type Since Current Current Time Since Period Reset 24hr 15min Last Event Corrected Blocks 6597 166 0 0:42:23 DSL Unavailable Seconds 28 0 0 19Days11:16:59 Should I ask them to roll a truck to come test my line? (I have no idea how far I am from the other end of the wire.) Should I have them look remotely (if they haven't already) at my modem configuration, or something else? Is 22 Mbps really all I can expect from this service, before they consider it impaired? Does California have a telecom "lemon law" to release me from the contract because of their non-performance? Any suggestions are welcome!

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