It's not an assumption -- you don't get cut off UNTIL you offend for several months in a row. So they've identified those "same 1%" already.
I doubt it. The people who get caught by this almost certainly know that they download much more than most Internet users. I find it hard to believe that you're surprised at being in the top 1% -- you're probably downloading for several hours on a daily basis.
And the fact that the average is always changing is a GOOD THING. A year or two ago most Internet users weren't downloading movies and TV shows from iTunes, or watching Internet replays of TV shows at network web sites. I wouldn't be surprised if the average amount of bandwidth used by broadband customers has doubled in the past few years. Comcast didn't respond to this by telling all these customers to stop downloading. On the contrary, they've been increasing the speeds of their cable modem services. The average is always a moving target.
But I think that no matter what it is, the exorbitant users know who they are.
Barry Margolin, firstname.lastname@example.org Arlington, MA*** PLEASE post questions in newsgroups, not directly to me *** *** PLEASE don't copy me on replies, I'll read them in the group *** [TELECOM Digest Editor's Note: Except, Barry, I sincerely doubt that Comcast bothers to drop the multitude of spammers they host on their system.Few of the large ISPs ever bother with that ... but they certainly do count (against the regular users) the volumes of spam/scam as 'downloads' in the mail each day. I know SBC certainly did nothing to help their small users with that plague, but as far as Comcast is concerned, their glorious history of screw-ups is well known. Read for an example of Comcast's business practices. Why should their 'bait and switch' unlimited usage be any different? PAT]