Just chatted online with an agent and got my fee waived as well. I took the tactic that I wasn't made aware of such a fee when I was ordering via the Apple website. There was some standard explanation given but the rep was quick to offer a credit.... and some sympathy:
Rep: Alright, in regards to that fee, I am able to waive it for you, however these are standard fees that are applied to everybody so in the future a waiving of the fee may not be available.
Me: I understand. I simply was not made aware of this fee when I ordered through Apple. Though I am grateful for the credit.
Rep: Not a problem, I don't see the need for the fee myself, but it is an AT&T policy, Outside of this adjustment, is there anything else that I could provide assistance with today?
Me: That should be it. thank you so much!
With taxes, my adjustment came out to $40.26.