To find out when you can upgrade without a penalty you always could dial: *NEW# on your iPhone which will generate a text message telling when you can upgrade. I just did, since I bought my iPhone 3GS the day it was released last June, that and the text message that was sent to me said that I wouldn't qualify until 2/20/2011. This made very little sense in light of the new policy, so I called up AT&T to find out if I was applicable. They didn't know, telling me that since this is brand new information, it hadn't gotten to them yet. But they made a commitment to call me before the release date on the 24th. So, if you think the text message information you get is wrong, wait a few days before you call AT&T, so they can let the information filter into their system. At this point, they know less than we do.