NBN will sell whatever the access seeker orders. the issue is that the access seeker in question (and others) were selling users 100Mbps plans without using the information NBN provides, which was that a given line might not be able to support that speed. such as selling a basic 25/5 package with "speed boost" to 100/40 without providing any idea what the line can actually do, so the user can understand their purchasing decision. sometimes a user might want to override the advice given. for instance, if a line is estimated to support 65/35Mbps, normally a 50/20 tier would be the best-fit speed tier in terms of not buying something you can't utilise. but if the user really wants all the upload performance they can get, they can order a 100/40 plan. that's their choice and that's absolutely fine. the point is that they are able to make an informed choice, and they *know* the line won't do 100Mbps down, but it will give them 35Mbps up if they want it. CVC is not the issue here. if your line only supports 30Mbps and Telstra has sold you a 100Mbps plan, you're never going to get more than 30Mbps. CVC capacity becomes an issue when your line supports 30Mbps and Telstra only provision enough CVC that you can't reasonably attain that.