Because the subsidy isn't the most logical reason for the recategorization?![]()
Of course it is.
EDIT:
OP, it seems like you are wanting to have you cake and eat it too. You either keep the phone and suck it up and pray a software update fixes it in the future (or pray that Apple recognizes a hardware problem and does a recall or something else to make it right) or you take it back. People harped on you about where the $10 charge is coming from because in your original post you talk about wanting to get a refund from Apple because you can't use 3G on your phone. That's not going to happen, nor is it reasonable. Situations like this are exactly what return policies are for. Take it back, or get it exchanged, but don't think someone is going to partially refund you. Especially when your basis for the partial refund is fatally flawed.