The funny part is that Rogers used to advertise against Bell using this "up to" practice against them (their ISP divisions). The campaign was called "Check you speeds" and Rogers' explicit claim was that their customers would have "reliable speeds every time you connect" while Bell could not. Bell launched a $50 million dollar lawsuit. In court, when asked if a Rogers customer could also expect to receive less speed than they were paying for, Rogers' response was "The Internet speed he's paying for is "up to," as is industry practice. So I believe the answer is yes. We sell an "up to" service, as is industry practice." They quickly backtracked on their advertising against Bell. That's the problem with industry practices and industry norms...they make them up as they go. In our wireless industry, the level of collusion makes it trivial for them to come up with new 'industry practices' together.
As of right now the government is investigating these practices in the ISP industry but it is expected to result in 'self regulation' recommendations (possibly applicable to the wireless divisions too). While they are considered to be pushing the boundaries of honesty and transparency in advertising, they don't seem to have been found to have actually broken any laws this time.
Unlocked iPhone 5, unlocked iPhone 4
Unlimited airtime, Unlimited CAN/US long distance, Unlimited SMS to CAN/US wireless numbers
2500 Call Forwarding minutes to CAN/US numbers
Google Voice for visual voice mail with message transcription, conditional greetings, unlimited messages (vs 35 message cap), remote retrieval from any PC or phone, no auto-purge after 10 days and most importantly no $7-$8 charge.