This illustrates the complete craziness of it. If any crap is ok as long as it can claim to give 10 Mbps downstream sometimes, then we are all going to get screwed, taxpayers and unwary network users alike.
I wonder also what about shared systems, like the local “Skyenet” wireless system which is "available" in the village (if it is ever actually working) and claims to offer 5 Mbps downstream cheap, except that it's a shared system so of course that figure (which is not defined in the advertising) depends on how many punters are using the service in a cell at any one instant, unlike DSL, where per-line figures for the main bottleneck are always quoted nowadays, and which are accurate unless contended at the backhaul or inside the ISP. So saying that a shared wifi service offers 10 Mbps, but omitting the truth that it might only be occasionally so sometimes at 4am, might be enough for a garbage service to appear to qualify.