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I am having a similar problem. I am a T-mo customer and want the revised GSM model and told them that I will live with the issue for now. The so calle genius claimed that no matter when I come back (a month, two months until December when my warranty expires), they are only going to give me the old one.

I took a print out of this:
http://support.apple.com/kb/HT5720

After looking at the print out, she started saying that this is exactly what I see for replacements. Because I bought it for AT&T unlocked, they will only replace with AT&T model. I tried to explain the change and that the model that is currently on sale for AT&T is the exact model for T-mo and that it has AWS 3G but she kept insisting that I will only get AT&T.

I told her I will take a chance by coming next month or two until I get a unit with AWS WCDMA on it.

One thing I observed is the device that she was trying to give me was not the one from the new lot as it didn't have the whole packaging. That iPhone packaging just has the phone indicating that it is not from the same lot as that of new ones.

The iphone 5 they gave me came in a small white box with just the iphone 5 only in it. They don't give you an iphone 5 in the official box sealed. The replacement I got are still brand new though because it had the plastic covers on it and it was flawless.

The newer iphone 5 has the same hardware but different factory software to enable Tmobile AWS. All the iphone 5 GSM models that are being produced right now have it, including the AT&T model. I would wait before your warranty expires, with hopes that all the gsm iphone 5 supply w/ the old factory software has been finished. Apple care won't be able to tell the difference because apple does not distinguish the models w/ old software and w/ new software. In a few months, the iphone 5 w/ the new factory software will be appearing a lot including the replacements.
 
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The iphone 5 they gave me came in a small white box with just the iphone 5 only in it. They don't give you an iphone 5 in the official box sealed. The replacement I got are still brand new though because it had the plastic covers on it and it was flawless.

The newer iphone 5 has the same hardware but different factory software to enable Tmobile AWS. All the iphone 5 GSM models that are being produced right now have it, including the AT&T model. I would wait before your warranty expires, with hopes that all the gsm iphone 5 supply w/ the old factory software has been finished. Apple care won't be able to tell the difference because apple does not distinguish the models w/ old software and w/ new software. In a few months, the iphone 5 w/ the new factory software will be appearing a lot including the replacements.

Yes. That is my plan. I plan to do two things once I order the phone:
As one of the readers has pointed out, check the factory time:

http://www.chipmunk.nl/klantenservice/applemodel.html


The other being the serial numbers: The serial numbers from this Apple page should be matched.

http://support.apple.com/kb/HT5720


If any of the above is satisfied, I will take it otherwise I will reject the phone and will probably do it every month until the last month my warranty expires.

If it is the last month, then I will have to take it.

Also, I am trying to sell the phone for about a $100 loss ($600). I am OK with that and will probably get a new phone when it comes. Hopefully it is a bigger screen. After using the Samsung Galaxy Note 2, I am having tough time typing on iPhone keyboard.
 
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