Honesty in marketing helps.
This “up to N MB/s” is annoying. I get the article’s justification, but it still sucks: I want 25 MB/s when I want it, which really is probably when everyone else does too, so don’t promise fast when demand results in congestion. At least give options, like “N MB/s minimum with max Y MB/s”.
Whatever you do, I’m gonna be pissed if you start shaping my traffic based on my content and demanding more $ to get that performance back. Already ISPs are advancing plans to block “objectionable” content, which for some likely means Right-wing norms like FR.
Offer billing plans based on data rate & byte count, fine. Don’t shape content.