I guess I don't understand that part.No... Unfortunately, even though the towers can do 7.2Mb/s you still won't see the burst. Once the backhaul is up and running you will.
All towers currently have backhauls, it's just that the backhaul doesn't have enough bandwidth to make every data connection super fast when the backhaul is being shared by multiple data connections (iPhones, whatever). The more data connections to the tower, the slower each one goes, as the backhaul bandwidth is shared.
The current tower backhauls have to be faster than 3.6Mb/s. Otherwise, if 15 people were connected to that tower and using data, it'd be no faster than EDGE.
So if you connect to that tower at like 3am, and assume that nobody else is using data, I still don't see why you couldn't go faster than 3.6Mb/s. You wouldn't be sharing the backhaul (which is faster than 3.6Mb/s) with anyone else and the transmitters have been updated to now go faster than 3.6Mb/s, what would stop you?