Indeed.
And one thing that none of these rumors has addressed is the contract with ATT. There are court records verifying the deal until 2012 with ATT
There is nothing in that old case's documents to state that is the current contract. It is also
extremely likely that the contract you are referring to allowed both parties to supersede the contract with a new on if they both wanted to. That is a pretty standard boilerplate clause which appears commonly.
Apple could have also 'bought' tier data pricing with a new one. Or they could have revised it when went to model where Apple took money for the phones instead of a piece of AT&T's action. The 5 year term is reportedly part of the original contract that Apple signed with AT&T. Their relationship (what plans Apple "requires" , splitting money , etc.) has changed over the years. There is also nothing stated that the old contract allowed for that and a new one wasn't required. Nor that a highly public dog-and-pony show was required if they signed a new one.
Frankly, unless someone has the exact wording I can see folks screwing it up too. For instance, a 5 year contract to deliver phones with a 2-3 year exclusive period. Still a 5 year contract. 5 year exclusie lockout is a ridiculous amount of time. if can't do OK with a 3 year head start ... WTF.... how incompentent are you ? It is also a stupid move by Apple because they are crippling themselves (which is now showing to be exactly the case). In 5 years lots of folks are on new cell technology and the market may have changed.
Also the common screw up with Althetes contracts. For example a contract potentiall worth $100M where really only $80M is guarantee and the rest are contingent on bonuses. So for example Apple could optionally grant up to 5 years but that was the bonus clause. Perhaps a guarantee 3 with a option 2 year extension. Using the typical lax reporting standards that would be "5 year exclusive".
If going to play the "show me the official annoucment", you should also be playing "show me the actual text of the contract".
So how are they dealing with that issue ... ...Or a loophole that it only covers the newest mode and they can release the 3gs to anyone no issues
Since the FCC was frowning on lock-in in the 700Mhz space (defacto LTE in the US for the major carriers ), it could easily have been an exception buried in the contract for that capability so that would not buck heads with the government downstream. The "get out of jail free" card could be incorporating LTE.
Likewise, there is likely nothing covering the iPad since it is not a phone. Unless Apple was clueless, the contract should be limited just phones.
They just play it like Apple is terrified of the competition, etc
Apple's growth will slow if the choose to stay out of markets. Up till now they have been able to ignore markets because could expand to more and more countries. That "card" is worn out at this point.
Jobs and the execs spend alot of time selling apple stock. Growth issues in the iPhone makes that harder.
And even with the issue that T-Mobile USA is forced by FCC rules to use a different bandwidth than ATT etc (which is why an unlocked iphone has no 3g data on T in the US)
Total B.S. Companies pay money to lease spectrum. If don't put enough money on the table you can't play. You're spinning this like the FCC said "No soup for you T-Mobile" and unilaterally sentenced them to 3G purgaory. T-Mobile
bought leases to and has spectrum for 3G service. They went with the tradeoff of going after something that everyone else was not going after. Whether that saved or cost them money is debatable. It is on a different frequency than the limited radio Apple ships in their phones can deal with. There is
zero technical or spectrum reason why there couldn't be a 3G iPhone. Just needs a slightly different radio and perhaps a tweak on the antenna design. None of that is FCC's fault.
3G is on different frequencies in different countries. It is mostly uniform but not completely uniform worldwide. There is no worldwide single standard frequency. So spinning this as a "FCC is bad" issue is bogus. The worldwide diversity of frequencies will be even greater in the LTE/"4G" space. Apple is going to have to make a bit more of an effort to not be extremely limited going forward.