I have no idea why the OP just doesn't call Apple, set up a return. The phone is defective. Send the phone to Apple, they send a replacement back to him. No restocking fee. It's under warranty with Apple. Why he is being so stubborn and continues to deal with AT&T is beyond me. He has multiple choices, and refuses to listen to any of us.
Because att should be able to make this swap for him and make things a lot easier, but they refuse to.