Counter-argument would be that permitting states to stipulate their own criteria for measuring bandwidth delivered would further motivate providers to build out infrastructure that actually delivers the quality of service they're claiming. (Or at bare minimum, compel more honest advertising.) Otherwise, providers will A) tweak their infra to spoof popular speed test methods, and B) lobby the FCC to soften the regs that apply to them. Indeed, they do both already. Your speedtest.nets are regularly skewed by providers siting its nodes inside their networks.

I hardly need 50mbit/s+ for residential use, yet I know perfectly well I'm not actually getting that bandwidth allocation by any meaningful measure. Running curl against cachefly routinely surpasses 50m, even during peak, yet transfers from other destinations will creep down to 10m.