I have a similar situation. All is fine with the modem and PC but speed
is 28.8 at best. Come to find out the phone company will only guarantee
28.8 in my area. The modem speed is dependent on the condition of your
home wiring, the wiring from your home to the local office and the
condition of the wires and equipment at the switching office. Naturally,
fiber optic is best, but very few phone systems are completely fiber
optic. Your modem is undoubtably trying to go faster, it just can't
because of the wiring between you and your provider.

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