@Michael, I have been a Sprint customer for 9 years now. The original "everything data" plan does NOT have a data cap. While it is true that the EVO can tether without a 5GB cap, that is a SEPARATE charge. The $10 fee is still without a good explanation. Here is a longer sample of my conversation with a CSR (notice how the answers are circular):

9:04:21 AM : [Sprint Rep]: It is For unlimited data usage while in 3G/4G Sprint network and for the rich data experience that HTC EVO™ 4G provides whether in 3G or 4G Sprint network.
9:04:55 AM : Potential Customer: I'm a little confused...
9:05:16 AM : [Sprint Rep]: I am sorry for the confusion.
9:05:16 AM : Potential Customer: I thought that the everything data plan had unlimited data ?
9:05:41 AM : [Sprint Rep]: Yes, this is correct.
9:05:59 AM : [Sprint Rep]: Please allow me to explain.
9:06:00 AM : Potential Customer: But that plan did not have a $10 charge....
9:07:51 AM : [Sprint Rep]: The $10 Premium Data Fee is not a charge or a tax for 4G services. Sprint offers customers the best 3G network experience with the best price value, and where available, the speed experience of 4G. And, our HTC EVO 4G provides a rich data experience whether in 3G or 4G sprint network and it's features and specs make it one of the best phones available on any 3G network.
9:08:46 AM : [Sprint Rep]: And provide the added benefit of being the mobile phone to take advantage of 4G speeds where available.
9:09:21 AM : [Sprint Rep]: Evo will make your data experience richer than ever before: 4.3" screen, advanced processor and an 8mp camcorder/camera.
9:09:52 AM : Potential Customer: So this is not a charge for 4G, but a charge for having a device that can use 4G?
9:10:56 AM : [Sprint Rep]: This charge for rich data experience whether in 3G or 4G network.
9:11:10 AM : [Sprint Rep]: Plus faster data speeds if you live in or travel to one of the available 4G markets.
9:11:21 AM : [Sprint Rep]: Sprint 4G is expected to be available to up to 120 million people across the US by the end of 2010.
9:11:40 AM : [Sprint Rep]: EVO is a terrific 3G device that works even faster when used on the Sprint 4G network.
9:12:12 AM : Potential Customer: What is this "rich data experience" if it is not a charge for the 3G/4G network?
9:14:51 AM : [Sprint Rep]: Rich Data Experience means you can use 4.3 inch display, watching a YouTube video, or your favorite show on Hulu has never been better. Just pop out the handy kickstand and watch videos on-the-go.
9:15:10 AM : [Sprint Rep]: an 8.0 megapixel auto-focus camera with HD-capable video camcorder and a forward-facing 1.3 megapixel camera.
9:15:51 AM : [Sprint Rep]: And this is the most compulsory fee to activate a EVO.
9:16:02 AM : Potential Customer: So is this a charge for the hardware and software of the EVO?
9:16:26 AM : [Sprint Rep]: Yes, you can say this.

This is the 1st response I received from Karen who answered the mail I sent to dan@sprint.com

Thank you for contacting Dan@Sprint.com. From reviewing your email, I
understand you have expressed your concerns regarding the $10 Premium
Data Fee and the impression that the fee is related to our 4G network.
The new HTC EVO does indeed support the next generation of our data
network; however, the data experience of the HTC EVO device is to be
enjoyed by customers on the 3G and 4G networks.

The $10.00 premium data charge is not a 3G or 4G associated cost. This
is a premium data fee. The HTC EVO was custom-made for data-loving
customers, bringing an incredible multimedia experience. The
capabilities of the HTC EVO along with the Sprint Network, the Google
Operating System, and the established Premium Service applications will
result in uniquely exciting experience. The $10.00 premium data pack
will allow you to take full advantage of the unique and distinctive
features. I apologize for any inconvenience this may have caused. Your
feedback is greatly appreciated and will be forwarded to the appropriate
team for further review. If you have any questions or concerns in the
future I can be reached at 757-223-3230 M-F 9am-6pm EST.

Thank you for choosing Sprint we value your business and appreciate the
opportunity to address your concerns. Please reply to this email or
visit Sprint.com/mysprint if we can be of further assistance.

Sincerely,
Karen W.
(757)223-3230
Sprint

Sprint's explanation for the 10 dollar fee is starting to evolve. It's going from it's not for 4G service to it's for unlimited 3G AND 4G experience. But I've noticed they are slightly changing it to "it's for the upcoming 4G experience".

@Michael, why must this premium data fee be mandatory? I'm happy with "limited" 3G. I just want the fancy new toy

@Tom unfortunatly the CSR you talked to was not keeping up with their reading/training. The $10.00 premium data charge is more than just added costs for the phone. The $10 Premium Data Plan is for UNLIMITED 3G or 4G data while on the Sprint network with the EVO. Every other 3g device @ Sprint, Verizon, At&t, TMO and so on is capped. EVO is truly UNLIMITED on Sprint 3G AND 4G networks.

@Tom unfortunatly the CSR you talked to was not keeping up with their reading/training. The $10.00 premium data charge is more than just added costs for the phone. The $10 Premium Data Plan is for UNLIMITED 3G or 4G data while on the Sprint network with the EVO. Every other 3g device @ Sprint, Verizon, At&t, TMO and so on is capped. EVO is truly UNLIMITED on Sprint 3G AND 4G networks.

Michael, you're actually incorrect. Every phone on Sprint is uncapped, which means no 5GB limit.

hey, that's what I said (6/13) over at SU! lol

I see you got my "drift!"

I actually had someone argue with me that Boost wasn't a Sprint company and that they just "leased" the towers. I told them IT DOESN'T MATTER. Sprint still sells the phones in their stores, so it's an endorsement, just the same.

@nofee4meplz. i totally agree. i remember the old days when you could OPT for the per MB charge. Those who found that they were using lots of data could decide to go with the data plan (usually after a $300 bill) after they reailzed they were using data. That was back before most of the PDA phones even had wifi. I think since i own the device, i ought to be able to use my own wifi data if wanted to. although it unfairly penalized high data users, i do like the fact that the ATT iPad plans allow you to turn it on when you want (e.g, travel, emergencies) and leave it when you want. It will be interesting to see some data on iPad data usage after about a year.

NOT THAT I AGREE WITH THIS, but I'm surprised someone hasn't initiated a class action lawsuit. This is America, after all!

lol. But, seriously, it wouldn't surprise me if they did. Didn't Sprint have to pay out a few years back on some exhorbitant/illegal fees that they were charging? I know someone kept asking me to sign up for the suit-I never did.

I'm perfectly fine if Sprint come out and said the phone going to cost $450 for upgrade, instead of selling it for $200 and charge us extra $10/month for a "premium data" fee. That offer nothing beside the extra cost of ownership.

LOL! This is hilarious! Seriously Sprint? Do you really think people are that stupid? I don't know, but maybe people are that stupid to not see all the BS being thrown at us. How much longer do you think Dan Hesse has at Sprint?

Don't like the fee? Complain to the government!

Federal Communication Commission: http://esupport.fcc.gov/compla...

Federal Trade Commission: https://www.ftccomplaintassist...

Better Business Bureau: http://complaint.bbb.org/

You might also want to try contacting your state's attorney general or local consumer protection office. http://www.consumeraction.gov/...

[WORDPRESS HASHCASH] The poster sent us '0 which is not a hashcash value.

EVO the hot new phone you never truly own.

Glad I didn't wait and went with the Touch Pro 2. Might be slower but its all MINE!

Im considering not buying the phone now because if the hidden fee. The sad thing is that i really want it, and it is way better than the iphone 4

Haha! Ooohhh the irony.

that premium data shouldn't be mandatory. sprint is absurd for making it so.

I just had a chat with a sprint rep and this sums it up:

" 9:22:53 AM : Potential Customer: You've been very helpful, so, just to be clear, this is a charge for the awesome hardware and software in the EVO?

9:24:06 AM : [Sprint Rep]: Yes, you are correct."

At least this rep was honest about it. I'm not sure what to call this charge. It is not for the 3G/4G network. It is for the hardware and software, but (by law) you should own the phone once you buy it. I'll be sure to check the contract for anything that looks like a lease agreement, but I don't think I will find one. If it is a lease, then this could be considered some type of fraudulent misrepresentation. I think that they just wanted to raise prices, but they are to afraid to just come out an say we're raising prices for 4G (b/c Dan Hesse said that wouldn't).

Mouth, let me introduce you to foot. I'm guessing the marketing team is dressed similarly to Danica's crew right about now.

"Simply Everything" ... except the ability to use our Top Selling Phone.