I'm a systems engineer for a large national ISP, so here's the low-down:
1) Your ISP DOES NOT have anything to do with your connection rates. 99.99% of all dialup ISP's now use 56K modem pools, and that equipment is designed to connect with an incoming modem at it's highest RELIABLE speed. There isn't some geek behind a router going "You know...I'm going to limit everyone to 36000 today."
2) The biggest determining factor in your connection speed is signal quality and modem compatibility. The more trunks your call has to pass through and the greater your distance from your closest telco central office, the lower your speed will be. People in apartment complexes and sub-divisions are often victim to "line sharing", where they don't have enough wires on the poles to give everyone in the neighborhood a separate line, so they run multiple signals over a single phone line. This will kill your connection speed at various times of the day and cause disconnections if you have a lower quality modem. You're speed will most likely be 26-33K if this is the case. Speaking of cheap modems, modems made with the PC-Tel and HSF chipset are notoriously problematic. They like to dial into Lucent and Siemens equipment, but have a lot of problems with Cisco, Acsend, and many other modem pools. You should replace these types of modems if you're having disconnect/connection speed problems.
3) Don't confuse throughput and connection speed. Your modem will try to connect at the highest rate it can, so if you're getting a 36000 connect, then that's the highest speed that the current phone line conditions will support....that has no bearing on the ISP. Now, if you're connecting at 48000 and your THROUGHPUT is only 28000 consistantly, your modem may be negotiating at too high of a rate (in otherwords, it's being overly optimistic about the line quality...USR modems are famous for this). Try limiting your speed with init strings, or adjust the modem's port speed to 57600 or 38400. (Note you must adjust the port speed from your dialup networking connection for it to take effect).
4) Your ISP's capacity will not have any bearing on your connection speed, but it might effect your throughput. However, to saturate a single T1 with normal 56K traffic, you'd need about 200 simultanious connections, and most ISP's have at least 2 T1's. Capacity problems normally result in busy signals, not throughput problems.
I hope this clears things up a bit. BTW- not to self promote, but we have a great performance test located here:
Performance Test
You can chose a test that's closest to you and measure your ISP's throughput, then it compares your results to the average of the other test takers. It gets about 100,000 hits a day, so it gives a pretty broad range on connection speeds from 33.6 to ISDN to T1.