The AP/Router is doing what it's supposed to do - one can set it for Auto 20/40, but the AP has to scan for activity in the adjacent channels, and go back to 20MHz for a period of time... at least they're supposed to...
I've got a neighbor with a Draft-N Belkin AP, and it's old-school where the default is 40MHz only, with no fallback to 20Mhz, and he's camping on channel 9 (-1), which means he's nuking both 11, and 6, drives me nuts, but since 2.4GHz is unlicensed, nothing I can do... lucky for me, it's down in the weeds, so not much impact, but it makes channel 1 a bit busy - he's 3 houses down from me, but my neighbors in the two houses between basically have both hopped on to Ch 1, along with the guys across the street from him.
Now if I could convince the guy across the street from me to upgrade his 11g AP - that would be cool... he's 11g, and running WEP as he has some 11b gear (I can tell 11b, as he's running non-ERP/Barker Preambles), so that channel is pretty noisy on Ch 11... he's running WEP as his kids have Nintendo DS's, and they're 11b/WEP only...