Can somebody please define what, "enhanced Internet access," is, please? This is an item that is free for Gold and Platinum Elite members and charged for other members. So, what makes it different from regular Internet access? If you cannot define it, you cannot deliver it. If you cannot deliver it, it cannot be charged for or put on a contract line item. If it is on a contract as a deliverable, but cannot be, then the contract is in breach.
Thus, please define it
Short of using throttling controls, it's mostly a play on words to allow the property to charge a higher fee. Just like the difference between a standard/deluxe/club room. I rarely see a difference in the room, yet they can have vastly different rates.
When it comes to internet service, they will have a tough time meeting any defined specs as usage will make a big difference. If you've got 20 people on the higher tier, all streaming video or the such, your performance might not be any better than what you would get on the basic service if everyone is merely reading emails or minor web surfing. You're not going to be able to prove misrepresentation on their part as the "T&Cs" will not guarantee anything.
I've seen where some properties have implemented three tiers and I'm sure they will claim the highest tier is not an elite benefit. That I hope MR slaps down quickly.