Ehhh, I get what you are saying but I would rephrase the above poster’s comment a little then. If a person is paying for 100Mbps and they are able to get/find a source or some combination of sources that are able to supply them 100mbps of data then that’s what they should be getting. The easiest example being a torrent for popular Linux distros.
I personally think the solution to that should be some kind of regulatory minimum around the advertisement of speed or contractual service obligation. For example if a person pays for a 100Mbps connection then the ISP should be required to supply that speed at +/- 5% instantaneous and -.5% on average (because if you give them a range you know they will maintain the lowest possible speed to be in compliance).
Don’t look too hard at my numbers, I pulled them out of my ass, but hopefully it gets across the idea.