I'm going to disagree to an extent as I'm not sure which baseband is on the phone. I bought my wife one of the $49 3GS from local AT&T store about a month ago and it actually came with 4.1 on it. I didn't even bother checking the baseband as I'd just signed a new 2 year contract with Att to get the phone for $49 so the need to unlock it was irrelevant! When I plugged it into TU it did have blobs for various firmwares so I was happy about that, but I was somewhat upset as I thought I was buying a new iPhone 3GS. If I had to guess it was just luck of the draw and slipped through the cracks to have 4.1 on it.