I'm actually mostly satisfied with this, because:
1) They're being transparent about it. Using this information, the end user can figure out how to configure stuff on their end to get the maximum total download, if they need it. I wonder if you can download more by downloading at max speed and taking the throttling or by staying just below the trigger that throttles you?
2) It sounds like there is no deep packet inspection going on at all to decide traffic prioritization. This means services that run over the internet like VoIP can compete based on price and quality of service, things the consumer likes, not based on who has a better relationship with the ISP that the consumer is paying to transfer the traffic.
The things I am worried about are:
1) If they advertise using maximum available bandwidth only, that is misleading advertising. They should advertise the speed that you can download at without threat of throttling and mention that you can achieve higher speeds than that for limited periods of time.
2) If the cap applies to third party services but not to the ISP's services, like high definition television, this is anti-competitive and shows a desire to limit consumer choice. Third-party internet television providers won't be able to compete because their customers will constantly be hitting that cap, so the cable companies will fulfill their own prophecy that consumers want their television service and not a third-party's.
3) What does this mean: "your traffic is somehow identified as being responsible [for congestion]"? This does not sound transparent. I didn't read the full FCC filing, but if someone has an answer as to how they figure out which user's traffic is causing the congestion, it'd be appreciated. If they're looking at the kind of data you are transferring to decide whether to throttle you or not, that's not acceptable. ISPs should not be digging around in our packages to decide what to do with the data we pay them to transfer. Throttle the heaviest user of the CMTS, the one that's been using it the longest, whatever, as long as you're not looking to see what kind of data we are transferring.