I'm not disagreeing with you, it is a confusing subject i'm just trying to argue a point. If I buy an iPhone or Galaxy Nexus I pay the subsidized price sign a two year contract and my bill is $100 with Data. Now if a month later I decide this isn't for me and I go to my Motorola OG Razr I can remove the data and pay $70 and NOT be in breach of contract or have to pay an ETF and ALSO I can sell my subsidized phone on eBay.
Yes, but the phone determines the "plan" needed. again that means that a feature phone only requires a voice plan, and a smartphone requires a voice and a data plan. Making data a plan on a smartphone and a feature on a feature phone.