thx for the quick answer.
well, my total upload is about 120kB/s so it should be fine considering the rate. tho im also on mumble (already lowered the quality and tuned off network throttling thing) and this also uses a bit of my internet.
ive played my official just now with rate 50000, i still had some choke but it wasnt as much as it was last game, tho that also differs from day to day so its not an indicator that it worked.

But i noticed that this mostly happenes when im playing comp. Im usually scrimming/playing officials in the evening, so its maybe somehow time related, or that it really comes from mumble.