Yes, that is right; I needed to be more specific. I was only referring to the original problem for features of the AP. The 9k switches (at least all that I know) with UPoE also provide 3bt, which is enough to run the 9164 with all features, including the USB port.
I believe the question was about the uplink data rate provided, rather than the PoE level (?) There would be nothing stopping a client associating at the high data rates, on an AP uplinked at just 1 Gbps and they will likely not see too much difference in performance (they're going to have to be right under the AP, with an expensive/powerful device to get them anyay). You're much more likely to have uplink bandwidth concerns if you have loads of clients connected to the same AP, even if they're not connected at the very highest data rates - but they are generating a lot of traffic. In such instances though, you may well hit channel availability issues before you hit the 1 Gbps ceiling.