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Bulldog get a slap on the wrists from the ASA

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Bulldog get a slap on the wrists from the ASA

http://www.theregister.co.uk/2005/07/06/bulldog_asa

On of the things mentioned is the fact that because many variables dictate the speed acheivable, Bulldog shouldn't really have stated the speed as definate.

Do PN get round this by selling the "Up to xMbs" packages?