If you subscribe to data cabling being covered by Art 725 then 40% max fill is a requirement.
If you subscribe to data cabling being covered by Art 800 then 40% max fill is a recommendation.
What Hal wrote. Also, if you want the mfg warranty, or have to abide by TIA/EIA specs, then 40% is it. If you're worried about it, use another conduit or larger size.